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Home My WebLink About01-17-23 Council Meeting SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jan Schuette 1. Minutes of the December 19, 2022 and January 9, 2023 Council Meetings ATTACHMENT A 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #107171 through #107233 dated December 20, 2022 through December 30, 2022 for $396,298.64; #107234 through #107248 dated January 1, 2023 through January 3, 2023 for $175,787.26; #107249 through #107348 dated December 31, 2022 for $1,554,113.17; #107349 through #107387 dated January 4, 2023 through January 17, 2023 for $1,047,110.65; Approval of Payroll EFT Payments and Check #30239 through #30245 dated December 1, 2022 through December 31, 2022 in the amount of $1,311,335.19 3. Ordinance to Amend Arlington Municipal Code Regarding ATTACHMENT B Airport Commission Meeting Start Time PUBLIC HEARING NEW BUSINESS 1. Purchase and Sale Agreement with Monte Cristo Homes, LLC ATTACHMENT C Staff Presentation: Paul Ellis Council Liaison: Marilyn Oertle Arlington City Council Meeting Tuesday, January 17, 2023 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 2. Ordinance Amending AMC Section 10.54.160 Regarding ATTACHMENT D Parking Notice of Infraction Staff Presentation: Jonathan Ventura Council Liaison: Michele Blythe 3. Washington State Transportation Improvement Board ATTACHMENT E Grant Agreement for 211th Place Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 4. Award of Division/Broadway Restoration Project Design to LDC, Inc. ATTACHMENT F Staff Presentation: Jim Kelly Council Liaison: Jan Schuette 5. Amendment #1 to the Brown & Caldwell Contract for the ATTACHMENT G Haller Wellfield Improvement Project Staff Presentation: Jim Kelly Council Liaison: Debora Nelson 6. Supplement #2 to Contract with Toole Design Group, LLC ATTACHMENT H Staff Presentation: Jim Kelly Council Liaison: Jan Schuette COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Council Chambers 110 East 3rd Street Monday, December 19, 2022 Councilmembers Present: Don Vanney, Heather Logan, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: Debora Nelson. Staff Present: Paul Ellis, Jonathan Ventura, James Trefry, Kristin Garcia, City Attorney Steve Peiffle, Tony Orr, and Julie Petersen. Also Known to be Present: Kathy Vanney and John Knisley. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS None. PUBLIC COMMENT John Knisley, 19908 54 Drive, Arlington, provided comments on the Reece Construction dust and the design of the new 172 roundabout by Walmart in Smokey Point. City Administrator Paul Ellis stated that he had spoken with Reece Construction regarding Mr. Knisley’s complaint. CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried with the correction of changing the dates from November 31 to November 30 under the Accounts Payable: 1. Minutes of the December 5 and December 12, 2022 Council meetings 2. Accounts Payable Approval of EFT Payments and Claims Checks: #107058 through #107170 dated December 6, 2022 through December 19, 2022 in the amount of $1,672,876.15; and Approval of Payroll EFT Payments and Checks #30232 through #30238, dated November 1, 2022 through November 31, 2022, in the amount of $1,287,117.49 3. Professional Services Agreement for Airport On-Call Engineer 4. Ordinance Relating to State Required Compost Procurement City Council Meeting Minutes of the City of Arlington City Council Meeting December 19, 2022 PUBLIC HEARING None. NEW BUSINESS Salary Schedule for Non-Represented Employees City Administrator Paul Ellis presented McGrath Human Resources Consulting Group compensation systems updates for 2022 which ensures the City is consistent with both external and internal equity. To accomplish the project, the Consultants conducted a market survey. Comparable data was updated from the initial study. In all, 18 organizations provided data. Councilmember Marilyn Oertle moved and Councilmember Michele Blythe seconded the motion to approve the January 2023 salary schedule for non–represented employees. The motion passed unanimously. Modifications to the Employee Policy Handbook City Administrator Paul Ellis reviewed the modifications to the employee policy handbook, which includes two additional sections. 1. The Directors annual vacation cash out allows Directors to cash in 24 hours of unused vacation in 2023, and 40 hours in 2024, providing they have a balance of 120 hours at the time of cash out. Other IRS rules apply and the fund will be deposited into a medical saving account for use on uncovered medical cost. 2. Non-represented employees will be eligible for a 1% deferred compensation match in 2023, and a 2% match in 2024. This is a match and employees are required to make deposits to be eligible. Councilmember Heather Logan moved and Don Vanney seconded the motion to approve the changes to the employee policy handbook, and authorized the Mayor to sign the revised version. The motion passed unanimously. Recruitment Incentive for Critical Positions City Administrator Paul Ellis stated there is a shortage of qualified applicants for some professional positions, due to the current economy. The proposed recruitment program provides additional one-time incentives in three areas of compensation; hiring bonus, leave bank, and relocation expenses. This can be applied to applicants for critical positions based on criteria established in the policy under the authority of the Mayor and City Administrator. The total of the incentive in not to exceed $20,000. Councilmember Don Vanney moved and Marilyn Oertle seconded the motion to approve the temporary hiring and retention incentive policy effective January 1, 2023, and sun setting December 31, 2024. The motion passed unanimously. Recruitment Incentive for Commissioned Police Positions City Administrator Paul Ellis reviewed a lateral hire incentive program in place for 2022, which has been a successful tool in attracting qualified lateral candidates, and has been consistent with police hiring market conditions. The cost of this program has been absorbed by salary savings from vacant positions. Minutes of the City of Arlington City Council Meeting December 19, 2022 Mr. Ellis requested approval for the extension of the hire incentives program for commissioned police officers for fiscal years 2023 and 2024. Mr. Ellis explained that the program provides an incentive for experienced commissioned officers to apply for opened positions, and a bilingual recruitment incentive of up to $5,000.00 is also proposed to continue, both for lateral and entry-level candidates. This would continue to be applicable to candidates that have spoken language proficiency in Spanish or American Sign Language, and would not be eligible to be stacked over the applicable maximum in-state ($20,000.00) or maximum out-of-state ($10,000.00) lateral incentive Councilmember Michele Blythe moved and Councilmember Don Vanney seconded the motion to approve the continuation of the Limited Term Lateral Police Officer Incentive Program, and the Bilingual Incentive Program, both of which will begin January 1, 2023, and both of which will sunset December 31, 2024. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan shared comments from the Smokey Point Community meeting on December 15. Mayor Pro Tem Jan Schuette announced that she appreciated the representation from Councilmembers Don Vanney and Yvonne Gallardo at the Snohomish County Cities meeting. Councilmember Don Vanney shared that he heard the same concerns as Councilmember Logan at the Smokey Point Boulevard meetings. He asked Mr. Ellis to thank the staff for preparing for the snow storm. ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis reminded Councilmembers that the next regularly scheduled meeting will be January 9, 2023, with the new start time, beginning at 6:00 pm. MAYOR’S REPORT Mayor Barb Tolbert shared that she will send a link to the Councilmembers of the bills that have been pre-filed at the legislature. She mentioned that there are some senate bills that have changes to some of the police tools. She thanked the Council and the Staff for their work in 2022. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:26 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 4 Council Chambers 110 East 3rd Street Monday, January 9, 2023 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Michele Blythe, and Yvonne Gallardo-Van Ornam. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Jim Kelly, Dave Ryan, Tony Orr, City Attorney Steve Peiffle, and Wendy Van Der Meersche. Also Known to be Present: Kathy Vanney, Sid Logan, and John Knisley. Mayor Barb Tolbert called the special meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. SPECIAL MEETING – ACTION WILL BE TAKEN Ordinance Amending Ordinance No. 2022-040 Public Works Director Jim Kelly requested Council approve new corrective Ordinance No. 2023-001 to replace Ordinance No. 2022-040. This ordinance corrects Ordinance No. 2022-040, which amended Arlington Municipal Code (AMC) 13.12 to reduce implementation of the 2023 mandatory water, sewer, and stormwater utility rate increases. Council adopted Ordinance No. 2022-040 on December 5, 2022, which reduced the CPI increase to 3% for utility rates. Unfortunately, the rate figures used were inaccurate and need to be lowered. Because the rates need to go into effect prior to January 15, Council is being asked to adopt the corrective ordinance as an emergency ordinance (requiring a majority plus one of the Council). Councilmember Debora Nelson moved and Councilmember Marilyn Oertle seconded the motion to approve Ordinance 2023-001 correcting the scheduled 2023 CPI increase to the water, sewer, and stormwater utility rates. The motion passed unanimously. City Council Workshop and Special Meeting Minutes of the City of Arlington City Council Workshop January 9, 2023 Page 2 of 4 Mayor Tolbert called for a motion to close the special meeting and begin the workshop. At 6:02 p.m., Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to close the special meeting and begin the workshop. The motion passed unanimously. WORKSHOP ITEMS – NO ACTION WAS TAKEN Ordinance to Amend Arlington Municipal Code Regarding Airport Commission Meeting Start Time Airport Director Dave Ryan reviewed Ordinance No. 2023-002 to amend the Airport Commission meeting’s start time from 7:00 p.m. the second Tuesday of every month to 6:00 pm the second Tuesday of every month. Discussion followed with Mr. Ryan answering Council questions. Washington State Transportation Improvement Board Grant Agreement for 211th Place Public Works Director Jim Kelly reviewed the Transportation Improvement Board (TIB) Grant agreement for improvements to 211th Place from 67th Avenue to SR-530. 211th Place is a designated Arlington freight/truck route that serves as a connector roadway joining SR-530 to 67th Ave. This is a heavily traveled corridor that has failing pavement, incomplete pedestrian walkways, and geotechnical issues with the embankment on the north side of the road. The connection of 211th Place at SR-530 has been a dangerous intersection and the site of many collisions. WSDOT will be constructing a roundabout at the SR-530/211th Place intersection in 2023. This will improve 211th Place and SR-530 intersection movements, and will likely increase traffic on 211th Place. City staff developed the 211th Place Improvement Project to addresses embankment and roadway prism improvements, utility and drainage improvements, pedestrian pathway improvements, and street lighting improvements. Staff applied for and was awarded a TIB grant to fund the 211th Place Improvement Project (TIB project number 8-1-817(009)-1). Discussion followed with Mr. Kelly answering Council questions. Award of Division/Broadway Restoration Project Design to LDC, Inc. Public Works Director Jim Kelly reviewed the contract with LDC, Inc. for Division/Broadway Restoration Project design services. The Division/Broadway corridor is a vital link through downtown Arlington connecting two state routes (SR-9 and SR-530) and is also part of the National Highway System (NHS). As part of the NHS, this corridor is eligible to receive, and has been awarded, a NHS Asset Management Grant to fund NHS corridor preservation activities. The City has developed the Division/Broadway Restoration Project that includes grant funded preservation activities and other improvements including, traffic circle improvements, curb ramp improvements, enhanced cross walks, and improved street lighting. Since this project is partially funded by a federal grant, it must follow federal policies for design and construction; WSDOT will be the City’s certifying agency to monitor federal policy compliance. Minutes of the City of Arlington City Council Workshop January 9, 2023 Page 3 of 4 Staff issued a Request for Proposals in November 2022 for project design services. Three proposals were received and interviews were conducted by a panel of three city staff and one WSDOT representative. LDC, Inc received the highest score and is the selected design consultant. Staff is recommending awarding design contract to LDC. Amendment #1 to the Brown & Caldwell Contract for the Haller Wellfield Improvement Project Public Works Director Jim Kelly reviewed Amendment #1 to the Brown & Caldwell contract for design of the Haller South Wellfield Improvement Project. In 2021, the City entered into contract with Brown & Caldwell for the design of the Haller South Wellfield Improvements. This project consists of installing two new production wells at the existing Haller Wellfield, installation of associated infrastructure to bring new wells online, abandoning an existing well, and demolition of an existing well house. The project has become more extensive following hydrogeological study, as well as changes to the well house design. Discussion followed with Mr. Kelly answering Council questions. Supplement #2 to Contract with Toole Design Group, LLC Public Works Director Jim Kelly reviewed Supplement #2 Toole Design Group, LLC contract for the 74th Avenue Trail Project design. In 2021, the City contracted with Toole Design Group, LLC for the design of the 74th Avenue Trail Project. This is a federal grant funded project scheduled for construction in 2024. As the final design has progressed, additional work/updates to the base map and design were needed due to changes made by Gayteway in their frontage improvement plans. Additional work is also needed in order to have final design updates incorporated into ready to bid documents for advertisement in 2024 (LAG updates, design standards, etc.). This work is being deferred to closer to advertising the project in order to capture all current WSDOT requirements. Discussion followed with Mr. Kelly answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT Mayor Tolbert stated that the legislative session began today. COMMENTS FROM COUNCILMEMBERS Councilmember Jan Schuette stated additional details about the legislative session. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT John Knisley, 19908 54th Drive NE, provided comment regarding Reece Construction on airport property affecting his neighborhood. Minutes of the City of Arlington City Council Workshop January 9, 2023 Page 4 of 4 REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put Item #1 on Consent Agenda for the January 17, 2023 Council meeting. EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to last 10 minutes to discuss consideration of real estate sales price [RCW 42.30.110(1)(c)]. Mayor Tolbert recessed the meeting at 6:23 p.m. The meeting reconvened at 6:36 p.m. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:38 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B new City Council meeting time and to provide a shorter workday for staff and decreasing overtime expenses. ORDINANCE 2023-XXX 1 ORDINANCE NO. 2023–XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING SECTION 2.44.040 OF THE ARLINGTON MUNICIPAL CODE REGARDING MEETING TIMES FOR THE ARLINGTON AIRPORT COMMISSION WHEREAS, the COVID-19 pandemic has changed the conduct of business for the City of Arlington and other municipalities; and WHEREAS, increased access to “live-streamed” Airport Commission meetings has led to reduced in-person attendance and increased remote attendance by citizens; and WHEREAS, the City Airport Commission and staff would benefit from an earlier Airport Commission meeting time, and believe the citizens can remain connected with Airport Commission meetings through the increased use of technology; and WHEREAS, the City Council wishes to amend Section 2.44.040 of the Arlington Municipal Code to reflect a change in meeting times; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Section 2.44.040 shall be and hereby is amended to read as follows: Regular meetings of the Arlington Airport Commission shall be held on the second Tuesday of each month, beginning at six (6:00) p.m. Meetings shall be held at Putnam Hall at the Arlington Airport Office, 18204-59th Drive NE, Arlington, Washington; provided, however, that whenever such regular meeting falls upon a Tuesday declared in RCW 1.16.050 now or in the future as a legal holiday, then the regular meeting of the airport commission shall be held upon the following Tuesday at the same time and place. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. ORDINANCE 2023-XXX 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of January, 2023. CITY OF ARLINGTON ____________________________________ Barbara Tolbert, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Steven J. Peiffle, City Attorney City of Arlington Council Agenda Bill Item: NB #1 Attachment C COUNCIL MEETING DATE: January 17, 2023 SUBJECT: Purchase and Sale Agreement with Monte Cristo Homes, LLC ATTACHMENTS: Purchase and Sale Agreement DEPARTMENT OF ORIGIN Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: Smokey Point Park Project BUDGETED AMOUNT: $350,000 LEGAL REVIEW: DESCRIPTION: The City has received an offer from Monte Cristo Homes, LLC for the purchase of the property located at 3209 180th St NE, Arlington. HISTORY: The property is the remaining unused property from the York Park Project. The property was surplused in 2018. The rezone from public/semi-public to residential moderate capacity was approved in 2022. Proceeds from the sale will be applied to the Smokey Point Park Project. ALTERNATIVES: Remand to staff for additional information. RECOMMENDED MOTION: I move to approve the Purchase and Sale Agreement for 3209 180th Street NE, and authorize the Mayor to sign it. Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 1 of 6 RESIDENTIAL PURCHASE AND SALE AGREEMENT Specific Terms 1. Date: _______________________ MLS No.: ____________________ Offer Expiration Date: ______________________ 2. Buyer: ________________________________________________________________________________________________ Buyer Buyer Status 3. Seller: ________________________________________________________________________________________________ Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: ______________, ______________, _______________, ______________________________________________________________________________________________________ Address City County State Zip 5. Included Items: stove/range; refrigerator; washer; dryer; dishwasher; hot tub; fireplace insert; wood stove; satellite dish; security system; attached television(s); attached speaker(s); microwave; generator; other ___________________________________________________________________________________ 6. Purchase Price: $ _________________________________________________________________________________ Dollars 7. Earnest Money: $ ________________ Check; Note; Wire; Other __________________ Delivery Date _____ days after mutual acceptance; to be held by Buyer Brokerage Firm; Closing Agent 8. Default: (check only one) Forfeiture of Earnest Money; Seller’s Election of Remedies 9. Title Insurance Company: _______________________________________________________________________________ 10. Closing Agent: ________________________________________________________________________________________ Company Individual (optional) 11. Closing Date: _________________________; Possession Date: on Closing; Other ____________________________ 12. Services of Closing Agent for Payment of Utilities: Requested (attach NWMLS Form 22K); Waived 13. Charges/Assessments Levied Before but Due After Closing: assumed by Buyer; prepaid in full by Seller at Closing 14. Seller Citizenship (FIRPTA): Seller is; is not a foreign person for purposes of U.S. income taxation 15. Agency Disclosure: Buyer represented by: Buyer Broker; Buyer/Listing Broker (dual agent); unrepresented Seller represented by: Listing Broker; Listing/Buyer Broker (dual agent); unrepresented 16. Buyer Brokerage Firm Compensation: _______ ________________; Pay as Offered or Other – See Addendum $ or % Amount Offered in Listing 17. Addenda: ____________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________ ____________________________________________ Buyer Signature Date Seller Signature Date ______________________________________________ ____________________________________________ Buyer Signature Date Seller Signature Date ______________________________________________ ____________________________________________ Buyer Address Seller Address ______________________________________________ ____________________________________________ City, State, Zip City, State, Zip ______________________________________________ ____________________________________________ Buyer Phone No. Fax No. Seller Phone No. Fax No. ______________________________________________ ____________________________________________ Buyer E-mail Address Seller E-mail Address ______________________________________________ ____________________________________________ Buyer Brokerage Firm MLS Office No. Listing Brokerage Firm MLS Office No. ______________________________________________ ____________________________________________ Buyer Broker (Print) MLS LAG No. Listing Broker (Print) MLS LAG No. ______________________________________________ ____________________________________________ Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. ______________________________________________ ____________________________________________ Firm Document E-mail Address Firm Document E-mail Address ______________________________________________ ____________________________________________ Buyer Broker E-mail Address Listing Broker E-mail Address ______________________________________________ ____________________________________________ Buyer Broker DOL License No. Firm DOL License No. Listing Broker DOL License No. Firm DOL License No. December 16, 2022 12/23/2022 Monte Cristo Homes LLC City Of Arlington 004725-000-008-06 3209 180th St NE Arlington Snohomish WA 98223 300,000.00 Three Hundred Thousand 5,000.00 8 8 8 Chicago Title Chicago Title & Escrow Katie Brazel 4/6/2023 8 8 8 8 8 8 8 22J(Lead Disclosure)22K(Utilities)22T(Title Contingency) 34(Addendum)35F(Feasibility) (206) 784-4514 Relayer Realty 7747 Mark Jacobsen 67977 (206) 909-3948 relayerdocs@gmail.com SeattleHomes2010@gmail.com 21001678 22032677 Keller Williams Realty Bothell 4604 Melissa Ann Johnson 84443 (425) 482-6100 (425) 481-2846 contracts@kwbothell.com melissaj@kwcommercial.com 105175 9503 22D(Optional Clauses) (206) 909-3948 1.5% Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 2 of 6 ________________________ ________________________ ________________________ __________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date RESIDENTIAL PURCHASE AND SALE AGREEMENT General Terms a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. b. Earnest Money. Buyer shall deliver the Earnest Money by the Delivery Date listed in Specific Term No. 7 (2 days after mutual acceptance if not filled in) to the party holding the Earnest Money (Buyer Brokerage Firm or Closing Agent). If sent by mail, the Earnest Money must arrive at Buyer Brokerage Firm or Closing Agent by the Delivery Date. If the Earnest Money is held by Buyer Brokerage Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Buyer Brokerage Firm’s name provided that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Buyer Brokerage Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest Money held by Buyer Brokerage Firm is over $10,000.00 Buyer has the option to require Buyer Brokerage Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS Form W-9 before Buyer Brokerage Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund Account. Buyer Brokerage Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the Buyer Brokerage Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If the other party does not object to the demand within 20 days of Closing Agent’s notice, Closing Agent shall disburse the Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and complaint for an interpleader action by first class mail, postage prepaid at the party’s usual mailing address or the address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing Agent includes a Buyer Brokerage Firm holding the Earnest Money. The parties authorize the party commencing an interpleader action to deduct up to $500.00 for the costs thereof. c. Included Items. Any of the following items, including items identified in Specific Term No. 5 if the corresponding box is checked, located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating fixtures; trash compactor; garbage disposal; fireplace doors, gas logs and gas log lighters; irrigation fixtures; electric garage door openers; water heaters; installed electrical fixtures; lighting fixtures; shrubs, plants and trees planted in the ground; and other fixtures; and all associated operating remote controls. Unless otherwise agreed, if any of the above items are leased or encumbered, Seller shall acquire clear title before Closing. d. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, presently of record and general to the area; easements and encroachments, not materially affecting the value of or unduly interfering with Buyer’s reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer’s written consent. Monetary encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer’s interest in a Real Estate Contract, the Statutory Warranty Deed shall include a buyer’s assignment of the contract sufficient to convey after acquired title. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 3 of 6 ________________________ ________________________ ________________________ __________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date RESIDENTIAL PURCHASE AND SALE AGREEMENT General Terms e. Title Insurance. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current ALTA form of Homeowner’s Policy of Title Insurance for One-to-Four Family Residence, from the Title Insurance Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. If the Title Insurance Company selected by the parties will not issue a Homeowner’s Policy for the Property, the parties agree that the Title Insurance Company shall instead issue the then-current ALTA standard form Owner’s Policy, together with homeowner’s additional protection and inflation protection endorsements, if available. The Title Insurance Company shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Buyer Broker. The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in the Policy and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable prior to the Closing Date, then as Buyer’s sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a consequence of Seller’s inability to provide insurable title. f. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. If the Closing Date falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. “Closing” means the date on which all documents are recorded and the sale proceeds are available to Seller. Seller shall deliver keys and garage door remotes to Buyer on the Closing Date or on the Possession Date, whichever occurs first. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. Seller shall either repair or replace any system or appliance (including, but not limited to plumbing, heat, electrical, and all Included Items) that becomes inoperative or malfunctions prior to Closing with a system or appliance of at least equal quality. Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the Property and systems/appliances as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first obtaining Buyer’s consent, which shall not be unreasonably withheld. If possession transfers at a time other than Closing, the parties shall execute NWMLS Form 65A (Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies to assure appropriate hazard and liability insurance policies are in place, as applicable. RCW 19.27.530 requires the seller of any owner-occupied single-family residence to equip the residence with a carbon monoxide alarm(s) in accordance with the state building code before a buyer or any other person may legally occupy the residence following the sale. RCW 43.44.110 requires the seller of a dwelling unit, that does not have at least one smoke detection device, to provide at least one smoke detection device in the unit before the buyer or any other person occupies the unit following a sale. The parties acknowledge that the Brokers are not responsible for ensuring that Seller complies with RCW 19.27.530 or RCW 43.44.110. Buyer and Seller shall hold the Brokers and their Firms harmless from any claim resulting from Seller’s failure to install a carbon monoxide alarm(s) or smoke detector(s) in the Property. g. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys’ fees and costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. h. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, and lienable homeowner’s association dues shall be prorated as of Closing. Buyer shall pay Buyer’s loan costs, including credit report, appraisal charge and lender’s title insurance, unless provided otherwise in this Agreement. If any payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in Specific Term No. 12, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or equivalent). 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 4 of 6 ________________________ ________________________ ________________________ __________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date RESIDENTIAL PURCHASE AND SALE AGREEMENT General Terms Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid as agreed in Specific Term No. 13. i. Sale Information. Listing Broker and Buyer Broker are authorized to report this Agreement (including price and all terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, and others related to this Sale, to furnish the Listing Broker and/or Buyer Broker, on request, any and all information and copies of documents concerning this sale. j. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller’s citizenship status for purposes of U.S. income taxation in Specific Term No. 14 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) under the Foreign Investment in Real Property Tax Act (“FIRPTA”) and provide the certification to the Closing Agent within 10 days of mutual acceptance. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. If Seller fails to provide the FIRPTA certification to the Closing Agent within 10 days of mutual acceptance, Buyer may give notice that Buyer may terminate the Agreement at any time 3 days thereafter (the “Right to Terminate Notice”). If Seller has not earlier provided the FIRPTA certification to the Closing Agent, Buyer may give notice of termination of this Agreement (the “Termination Notice”) any time following 3 days after delivery of the Right to Terminate Notice. If Buyer gives the Termination Notice before Seller provides the FIRPTA certification to the Closing Agent, this Agreement is terminated and the Earnest Money shall be refunded to Buyer. k. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by Buyer Broker, or at the licensed office of Buyer Broker. Documents related to this Agreement, such as NWMLS Form 17, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Buyer Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Buyer Broker and Buyer Brokerage Firm or both Listing Broker and Listing Brokerage Firm at the e-mail addresses specified on page one of this Agreement; or (ii) Buyer Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. l. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the Possession Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. When counting backwards from Closing, any period of time measured in days shall start on the day prior to Closing and if the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day, moving forward, that is not a Saturday, Sunday or legal holiday (e.g. Monday or Tuesday). If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of this Agreement. m. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in electronic form has the same legal effect and validity as a handwritten signature. 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 5 of 6 ________________________ ________________________ ________________________ __________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date RESIDENTIAL PURCHASE AND SALE AGREEMENT General Terms n. Assignment. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent, unless the parties indicate that assignment is permitted by the addition of “and/or assigns” on the line identifying the Buyer on the first page of this Agreement. o. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following provision, as identified in Specific Term No. 8, shall apply: i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. ii. Seller’s Election of Remedies. Seller may, at Seller’s option, (a) keep the Earnest Money as liquidated damages as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller’s actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue any other rights or remedies available at law or equity. p. Professional Advice and Attorneys’ Fees. Buyer and Seller are advised to seek the counsel of an attorney and a certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys’ fees and expenses. q. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other party, by the other party’s broker, or at the licensed office of the other party’s broker pursuant to General Term k. If this offer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. r. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to Seller’s name and Seller’s warranty of citizenship status, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other party, the other party’s broker, or at the licensed office of the other party’s broker pursuant to General Term k. If the counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. s. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, unless sooner withdrawn. t. Agency Disclosure. Buyer Brokerage Firm, Buyer Brokerage Firm’s Designated Broker, Buyer Broker’s Branch Manager (if any) and Buyer Broker’s Managing Broker (if any) represent the same party that Buyer Broker represents. Listing Brokerage Firm, Listing Brokerage Firm’s Designated Broker, Listing Broker’s Branch Manager (if any), and Listing Broker’s Managing Broker (if any) represent the same party that the Listing Broker represents. If Buyer Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. If Buyer Broker and Listing Broker are the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.” u. Brokerage Firm Compensation. Seller and Buyer shall pay compensation in accordance with any listing or compensation agreement to which they are a party. The Listing Brokerage Firm’s compensation shall be paid as specified in the listing agreement. The Buyer Brokerage Firm’s compensation offered in the listing shall be paid by Seller as set forth in this Agreement or any Addendum hereto. If there is any inconsistency between the Buyer Brokerage Firm’s compensation offered in the listing and the description of the offered compensation stated in Specific Term No. 16, the terms of the listing shall supersede and control. Seller and Buyer hereby consent to Listing Brokerage Firm or Buyer Brokerage Firm receiving compensation from more than one party. Seller and Buyer hereby assign to Listing Brokerage Firm and Buyer Brokerage Firm, as applicable, a portion of their funds in escrow equal to such compensation and irrevocably instruct the Closing Agent to disburse the compensation directly to the Firm(s). In any action by Listing or Buyer Brokerage Firm to enforce this paragraph, the prevailing party is entitled to court costs and reasonable attorneys’ fees. Seller and Buyer agree that the Firms are intended third party beneficiaries under this Agreement. v. Cancellation Rights/Lead-Based Paint. If a residential dwelling was built on the Property prior to 1978, and Buyer receives a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (NWMLS Form 22J) after mutual acceptance, Buyer may rescind this Agreement at any time up to 3 days thereafter. 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 21 ©Copyright 2022 Residential PSA Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 6 of 6 ________________________ ________________________ ________________________ __________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date RESIDENTIAL PURCHASE AND SALE AGREEMENT General Terms w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided from Seller or Listing Brokerage Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other defects arising after construction, such as drainage, leakage, pest, rot and mold problems. In addition, some properties may contain soil or other contamination that is not readily apparent and may be hazardous. Brokers do not have the expertise to identify or assess defective or hazardous products, materials, or conditions. Buyer is urged to use due diligence to inspect the Property to Buyer’s satisfaction and to retain inspectors qualified to identify the presence of defective or hazardous materials and conditions and evaluate the Property as there may be defects and hazards that may only be revealed by careful inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer’s needs. Buyer is advised to investigate the cost of insurance for the Property, including, but not limited to homeowner’s, fire, flood, earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term rentals of the Property. Buyer and Seller acknowledge that home protection plans may be available which may provide additional protection and benefit to Buyer and Seller. Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding third-party service providers. 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22D ©Copyright 2021 Optional Clauses Addendum Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 1 of 2 _________________________ ________________________ _________________________ _________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated __________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and ___________________________________________________________________________________ (“Seller”) Seller Seller concerning _______________________________________________________________________ (the "Property”). Address City State Zip CHECK IF INCLUDED: 1. Square Footage/Lot Size/Encroachments. The Listing Broker and Buyer Broker make no representations concerning: (a) the lot size or the accuracy of any information provided by the Seller; (b) the square footage of any improvements on the Property; (c) whether there are any encroachments (fences, rockeries, buildings) on the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and encroachments to Buyer’s own satisfaction. 2. Title Insurance. The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA form of Homeowner’s Policy of Title Insurance. The parties have the option to provide less coverage by selecting a Standard Owner’s Policy or more coverage by selecting an Extended Coverage Policy: Standard Owner’s Coverage. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense, to apply for the then-current ALTA form of Owner’s Policy of Title Insurance, together with homeowner’s additional protection and inflation protection endorsements, if available at no additional cost, rather than the Homeowner’s Policy of Title Insurance. Extended Coverage. Seller authorizes Buyer’s lender or Closing Agent, at Seller’s expense to apply for an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner’s Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage Policy, including the excess premium over that charged for Homeowner’s Policy of Title Insurance and the cost of any survey required by the title insurer. 3. Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish from the Property prior to Buyer taking possession. 4. Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property not later than the Possession Date. Any personal property remaining on the Property thereafter shall become the property of Buyer, and may be retained or disposed of as Buyer determines. 5. Utilities. To the best of Seller's knowledge, Seller represents that the Property is connected to: public water main; public sewer main; septic tank; well (specify type) _______________________ ; irrigation water (specify provider) ________________________; natural gas; telephone; electricity; cable (specify provider) ____________________; internet (specify provider) _____________________; other _______________________________________________________________________________ . 6. Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish Buyer the information below in writing as soon as available: WALL INSULATION: TYPE: _______________ THICKNESS: _____________ R-VALUE: _____________ CEILING INSULATION: TYPE: _____________ THICKNESS: _____________ R-VALUE: _____________ OTHER INSULATION DATA: _______________________________________________________________ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 December 16, 2022 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 4 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22D ©Copyright 2021 Optional Clauses Addendum Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 2 of 2 Continued _________________________ ________________________ _________________________ _________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date OPTIONAL CLAUSES ADDENDUM TO PURCHASE & SALE AGREEMENT 7. Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following items of personal property that are included with the sale: propane tank; security system; satellite dish and operating equipment; other ______________________________________________________ . Seller shall provide Buyer a copy of the lease for the selected items within _______ days (5 days if not filled in) of mutual acceptance. If Buyer, in Buyer’s sole discretion, does not give notice of disapproval within _______ days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 8. Homeowners’ Association Review Period. If the Property is subject to a homeowners’ association or any other association, then Seller shall, at Seller’s expense, provide Buyer a copy of the following documents (if available from the Association) within _______ days (10 days if not filled in) of mutual acceptance: a. Association rules and regulations, including, but not limited to architectural guidelines; b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); c. Association meeting minutes from the prior two (2) years; d. Association Board of Directors meeting minutes from the prior six (6) months; and e. Association financial statements from the prior two (2) years and current operating budget. If Buyer, in Buyer’s sole discretion, does not give notice of disapproval within _______ days (5 days if not filled in) of receipt of the above documents or the date that the above documents are due, whichever is earlier, then this homeowners’ association review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 9. Homeowners’ Association Transfer Fee. If there is a transfer fee imposed by the homeowners’ association or any other association (e.g. a “move-in” or “move-out” fee), the fee shall be paid by the party as provided for in the association documents. If the association documents do not provide which party pays the fee, the fee shall be paid by Buyer; Seller (Seller if not filled in). 10. Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is excluded from the sale (“Excluded Item(s)”). Seller shall repair any damage to the Property caused by the removal of the Excluded Item(s). Excluded Item(s): _______________________________________________________________________________________ _______________________________________________________________________________________ 11. Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: a. Home warranty provider: _______________________________________________________________ b. Seller shall pay up to $______________ ($0.00 if not filled in) of the cost for the home warranty, together with any included options, and Buyer shall pay any balance. c. Options to be included: _________________________________________________________________ _________________________________________________________________ (none, if not filled in). d. Other: _____________________________________________________________________________ . 12. Other. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 4 Timothy J. Linehan, of Monte Cristo Homes LLC, is a licensed real estate broker in Washington State. Earnest money shall be submitted to escrow within two business days following feasibility approval. Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 )RUP(&RS\ULJKW ),537$&HUWLILFDWLRQ1RUWKZHVW0XOWLSOH/LVWLQJ6HUYLFH 5HY$//5,*+765(6(59(' 3DJHRI ),537$&(57,),&$7,21 7KH)RUHLJQ,QYHVWPHQWLQ5HDO3URSHUW\7D[$FW³),537$´86&SURYLGHVWKDWDEX\HURID86UHDO SURSHUW\LQWHUHVWPXVWZLWKKROGWD[LI6HOOHULVDIRUHLJQSHUVRQXQOHVVRQHRIWKHH[FHSWLRQVLQWKH$FWDSSOLHV7KH IROORZLQJZLOOLQIRUP%X\HUDQG&ORVLQJ$JHQWZKHWKHUWD[ZLWKKROGLQJLVUHTXLUHG 1RWH7KHDERYHODZDSSOLHVWRIRUHLJQFRUSRUDWLRQVSDUWQHUVKLSVWUXVWVHVWDWHVDQGRWKHUIRUHLJQHQWLWLHVDVZHOO DVWRIRUHLJQLQGLYLGXDOV,I6HOOHULVDFRUSRUDWLRQSDUWQHUVKLSWUXVWHVWDWHRURWKHUHQWLW\WKHWHUPV³,´DQG³P\´DV XVHGEHORZPHDQVWKHFRUSRUDWLRQRURWKHUHQWLW\$³UHDOSURSHUW\LQWHUHVW´LQFOXGHVIXOORUSDUWRZQHUVKLSRIODQG DQGRU LPSURYHPHQWV WKHUHRQ OHDVHKROGV RSWLRQV WR DFTXLUH DQ\ RI WKH IRUHJRLQJ DQG DQ LQWHUHVW LQ IRUHLJQ FRUSRUDWLRQVSDUWQHUVKLSVWUXVWVRURWKHUHQWLWLHVKROGLQJ86UHDOHVWDWH 6(//(5&(57,),&$7,216HOOHUKHUHE\FHUWLILHVWKHIROORZLQJ 3523(57<,DPWKH6HOOHURIUHDOSURSHUW\DW BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB $GGUHVV &LW\ 6WDWH =LS RULIQRVWUHHWDGGUHVVOHJDOO\GHVFULEHGRQWKHDWWDFKHG &,7,=(16+,367$786,$0$0127DQRQUHVLGHQWDOLHQRUDIRUHLJQFRUSRUDWLRQIRUHLJQSDUWQHUVKLS IRUHLJQWUXVWIRUHLJQHVWDWHRURWKHUIRUHLJQEXVLQHVVHQWLW\IRUSXUSRVHVRI86LQFRPHWD[DWLRQ 7$;3$<(5,'180%(5 0\86WD[SD\HULGHQWLILFDWLRQQXPEHUHJVRFLDOVHFXULW\QXPEHULVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7D[,'QXPEHUWREHSURYLGHGE\6HOOHUDW&ORVLQJ $''5(66 0\KRPHDGGUHVVLVBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB $GGUHVV &LW\ 6WDWH =LS 8QGHUSHQDOWLHVRISHUMXU\,GHFODUHWKDW,KDYHH[DPLQHGWKLV&HUWLILFDWLRQDQGWRWKHEHVWRIP\NQRZOHGJHDQGEHOLHI LWLVWUXHFRUUHFWDQGFRPSOHWH,XQGHUVWDQGWKDWWKLV&HUWLILFDWLRQPD\EHGLVFORVHGWRWKH,QWHUQDO5HYHQXH6HUYLFH ³,56´DQGWKDWDQ\IDOVHVWDWHPHQW,KDYHPDGHKHUHFRXOGEHSXQLVKHGE\ILQHLPSULVRQPHQWRUERWK BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6HOOHU'DWH6HOOHU'DWH %8<(5&(57,),&$7,212QO\DSSOLFDEOHLI6HOOHULVDQRQUHVLGHQWDOLHQ ,I6HOOHULVDQRQUHVLGHQWDOLHQDQGKDVQRWREWDLQHGDUHOHDVHIURPWKH,56WKHQ&ORVLQJ$JHQWPXVWZLWKKROG RI WKH DPRXQW UHDOL]HG IURP WKH VDOH DQG SD\ LW WR WKH ,56 XQOHVV %X\HU FHUWLILHV WKDW WKH VHOHFWHG VWDWHPHQWEHORZLVFRUUHFW $PRXQW5HDOL]HGRUOHVVDQG)DPLO\5HVLGHQFH 1R7D[D,FHUWLI\WKDWWKHWRWDOSULFHWKDW, DP WR SD\ IRU WKH SURSHUW\ LQFOXGLQJ OLDELOLWLHV DVVXPHG DQG DOO RWKHU FRQVLGHUDWLRQ WR 6HOOHU GRHV QRW H[FHHGDQGE,FHUWLI\WKDW,RUDPHPEHURIP\IDPLO\ KDYHGHILQLWHSODQVWRUHVLGHRQWKH SURSHUW\IRUDWOHDVWRIWKHWLPHWKDWWKHSURSHUW\LVXVHGE\DQ\SHUVRQGXULQJHDFKRIWKHILUVWWZR WZHOYHPRQWKSHULRGVIROORZLQJWKHGDWHRIWKLVVDOH,I%X\HUFHUWLILHVWKHVHVWDWHPHQWVWKHUHLVQRWD[ $PRXQW5HDOL]HGPRUHWKDQEXWQRWH[FHHGLQJDQG)DPLO\5HVLGHQFH 7D[ D,FHUWLI\WKDWWKHWRWDOSULFHWKDW,DPWRSD\IRUWKHSURSHUW\LQFOXGLQJOLDELOLWLHVDVVXPHGDQGDOORWKHU FRQVLGHUDWLRQ WR 6HOOHU H[FHHGV EXWGRHV QRWH[FHHG DQGE , FHUWLI\ WKDW , RU D PHPEHURIP\IDPLO\ KDYHGHILQLWHSODQVWRUHVLGHRQWKHSURSHUW\IRUDWOHDVWRIWKHWLPHWKDWWKH SURSHUW\LVXVHGE\DQ\SHUVRQGXULQJHDFKRIWKHILUVWWZRWZHOYHPRQWKSHULRGVIROORZLQJWKHGDWHRIWKLV VDOH,I%X\HUFHUWLILHVWKHVHVWDWHPHQWVWKHQ&ORVLQJ$JHQWPXVWZLWKKROGRIWKHDPRXQWUHDOL]HGIURP WKHVDOHDQGSD\LWWRWKH,56 'HILQHGLQ86&F,WLQFOXGHVEURWKHUVVLVWHUVVSRXVHDQFHVWRUVDQGOLQHDOGHVFHQGDQWV 8QGHUSHQDOWLHVRISHUMXU\,GHFODUHWKDW,KDYHH[DPLQHGWKLV&HUWLILFDWLRQDQGWRWKHEHVWRIP\NQRZOHGJHDQG EHOLHIERWKVWDWHPHQWVDUHWUXHFRUUHFWDQGFRPSOHWH,XQGHUVWDQGWKDWWKLV&HUWLILFDWLRQPD\EHGLVFORVHGWRWKH ,56DQGWKDWDQ\IDOVHVWDWHPHQW,KDYHPDGHKHUHFRXOGEHSXQLVKHGE\ILQHLPSULVRQPHQWRUERWK BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB %X\HU'DWH%X\HU'DWH 180th St NE Arlington WA 982233209 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22J ©Copyright 2021 Lead Based Paint Disclosure Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 1 of 2 ________________________ _________________________ ____________________________ _______________________ Buyer Initials Date Buyer Initials Date Seller Initials Date Seller Initials Date DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS The following is part of the Purchase and Sale Agreement dated __________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and ___________________________________________________________________________________ (“Seller”) Seller Seller concerning _______________________________________________________________________ (the "Property”). Address City State Zip Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. NOTE: In the event of pre-closing possession of more than 100 days by Buyer, the term Buyer also means Tenant. _____________________________________________________________________________________________ Seller’s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check one below): Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ____________________________________________________________________________________ ____________________________________________________________________________________ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the Seller (check one below): Seller has provided the Buyer with all available records and reports pertaining to lead-based paint and/or lead- based paint hazards in the housing (list documents below). ____________________________________________________________________________________ ____________________________________________________________________________________ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Seller has reviewed the information above and certifies, to the best of Seller’s knowledge, that the statements made and information provided by Seller are true and accurate. ___________________________________________ ___________________________________________ Seller Date Seller Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 December 16, 2022 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22J ©Copyright 2021 Lead Based Paint Disclosure Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 2 of 2 ________________________ _________________________ ____________________________ _______________________ Buyer Initials Date Buyer Initials Date Seller Initials Date Seller Initials Date DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS Continued Buyer’s Acknowledgment (c) Buyer has received copies of all information listed above. _____________ ___________ Buyer Initials Buyer Initials (d) Buyer has received the pamphlet Protect Your Family from Lead in Your Home. ___________ ___________ Buyer Initials Buyer Initials (e) Buyer has (check one below): Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Accepted an opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards on the following terms and conditions: This Agreement is conditioned upon a risk assessment or inspection of the Property for the presence of lead- based paint and/or lead-based paint hazards, to be performed by a risk assessor or inspector at Buyer’s expense. (Intact lead-based paint that is in good condition is not necessarily a hazard). This contingency shall conclusively be deemed satisfied (waived) unless Buyer gives written notice of disapproval of the risk assessment or inspection to Seller within __________ (10 days if not filled in) after receiving this Disclosure. Buyer’s notice must identify the specific existing deficiencies and corrections needed and must include a copy of the inspection and/or risk assessment report. Seller may, at Seller’s option, within __________ days (3 days if not filled in) after Seller’s receipt of Buyer’s disapproval notice, give written notice that Seller will correct the conditions identified by Buyer. If Seller agrees to correct the conditions identified by Buyer, then it shall be accomplished at Seller’s expense prior to the Closing Date, and Seller shall provide Buyer with certification from a risk assessor or inspector demonstrating that the condition(s) has been remedied prior to the Closing Date. In lieu of correction, the parties may agree on any other remedy for the disapproved condition(s), including but not limited to adjustments to the Purchase Price. If an agreement on non-repair remedies is secured in writing before the expiration of the time period set forth in this subparagraph, then this contingency will be deemed satisfied. If Seller does not give notice that Seller will correct the conditions identified in Buyer’s risk assessment or inspection, or if the parties cannot reach an agreement on alternative remedies, then Buyer may elect to give notice of termination of this Agreement within __________ days (3 days if not filled in) after expiration of the time limit or delivery of Seller’s notice pursuant to the preceding paragraph, whichever occurs first. The Earnest Money shall then be returned to Buyer and the parties shall have no further obligations to each other. Buyer’s failure to give a written notice of termination means that Buyer will be required to purchase the Property without Seller having corrected the conditions identified in Buyer’s risk assessment or inspection and without any alternative remedy for those conditions. Buyer has reviewed the information above and certifies, to the best of Buyer’s knowledge, that the statements made by Buyer are true and accurate. ___________________________________________ ___________________________________________ Buyer Date Buyer Date Brokers’ Acknowledgment Brokers have informed Seller of Seller’s obligations under 42 U.S.C. 4852(d) and are aware of their responsibility to ensure compliance. ___________________________________________ ___________________________________________ Buyer Broker Date Listing Broker Date 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 4 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22K ©Copyright 2021 Identification of Utilities Addendum Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 1 of 1 _______________________________ ____________________________ ____________________________ ____________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date IDENTIFICATION OF UTILITIES ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated _________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and __________________________________________________________________________________ (“Seller”) Seller Seller concerning ______________________________________________________________________ (the “Property’). Address City State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities providing service to the Property and having lien rights are as follows: WATER DISTRICT: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) SEWER DISTRICT: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) IRRIGATION DISTRICT: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) GARBAGE: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) ELECTRICITY: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) GAS: ______________________________________________________________________ Name e-mail or website (optional) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) SPECIAL DISTRICT(S): ______________________________________________________________________ (local improvement districts or Name e-mail or website (optional) utility local improvement districts) ______________________________________________________________________ Address ______________________________________________________________________ City, State, Zip Fax. No. (optional) If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) within __________ days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing Broker or Buyer Broker with the names and addresses of all utility providers having lien rights affecting the Property and (2) Buyer and Seller authorize Listing Broker or Buyer Broker to insert into this Addendum the names and addresses of the utility providers identified by Seller. Nothing in this Addendum shall be construed to diminish or alter the Seller’s obligation to pay all utility charges (including unbilled charges). Buyer understands that the Listing Broker and Buyer Broker are not responsible for, or to insure payment of, Seller’s utility charges. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 December 16, 2022 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 22T ©Copyright 2021 Title Contingency Addendum Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 1 of 1 _________________________ ________________________ _________________________ _________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date TITLE CONTINGENCY ADDENDUM TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated __________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and ___________________________________________________________________________________ (“Seller”) Seller Seller concerning _______________________________________________________________________ (the "Property”). Address City State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, together with any easements, covenants, conditions and restrictions of record. Buyer shall have _________ days (5 days if not filled in) from the date of Buyer’s receipt of the preliminary commitment for title insurance; or mutual acceptance (from the date of Buyer’s receipt, if neither box checked) to give notice of Buyer's disapproval of exceptions contained in the preliminary commitment. If Buyer receives the preliminary commitment before mutual acceptance, Buyer’s time to review shall begin on mutual acceptance. Seller shall have __________ days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all disapproved exceptions. If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, Buyer shall be deemed to have waived all objections to title, which Seller did not agree to clear. 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, then the above time periods and procedures for notice, correction, and termination for those new exceptions shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as necessary to accommodate the foregoing times for notices. 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing as provided for in the Agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 December 16, 2022 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 35F ©Copyright 2021 Feasibility Contingency Addendum Northwest Multiple Listing Service Rev. 3/21 ALL RIGHTS RESERVED Page 1 of 1 _________________________ ________________________ _________________________ _________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated __________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and __________________________________________________________________________________ (“Seller”) Seller Seller concerning ______________________________________________________________________ (the "Property”). Address City State Zip Feasibility Contingency. Buyer shall verify within __________ days (10 days if not filled in) after mutual acceptance (the “Feasibility Contingency Expiration Date”) the suitability of the Property for Buyer's intended purpose including, but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Buyer Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer’s inquiry shall include, but not be limited to: building or development moratoria applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and utility and any services connection charges; and all other charges that must be paid. Buyer and Buyer’s agents, representatives, consultants, architects and engineers shall have the right, from time to time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to ascertain the condition and suitability of the Property for Buyer’s intended purpose. Buyer shall restore the Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for all damages resulting from any inspection of the Property performed on Buyer’s behalf. AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer’s intended purpose. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 December 16, 2022 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 60 4 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 _________________________ ________________________ _________________________ _________________________ Buyer’s Initials Date Buyer’s Initials Date Seller’s Initials Date Seller’s Initials Date ADDENDUM / AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated __________________________________________ between ______________________________________________________________________________ (“Buyer”) Buyer Buyer and __________________________________________________________________________________ (“Seller”) Seller Seller concerning ______________________________________________________________________ (the "Property”). Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Monte Cristo Homes LLC City Of Arlington 3209 180th St NE Arlington WA 98223 Seller shall pay buyer brokerage firm, Relayer Realty, a commission of 1.5% of the sales price at closing. December 16, 2022 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Exhibit A Legal Description HIGHWAY HOME SITES BLK 000 D-06 - LOT 1 OF ZA8910445SP REC AF NO 9506210066 BEING A PTN OF LOT8 EXST PLAT Authentisign ID: 19453E5B-98B6-4635-A4FA-C8AE359AAB44Authentisign ID: 19453E5B-98B6-4635-A4FA-C8AE359AAB44 Authentisign ID: 574C1953-B87D-ED11-AC20-0050F2765AB1Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 47 ©Copyright 2022 Seller Representation Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 1 of 2 _________________________ ________________________ Seller’s Initials Date Seller’s Initials Date SELLER REPRESENTATION AGREEMENT (NO MARKETING - SALE TO IDENTIFIED BUYER) ____________________________________________________________________________________ (“Seller") hereby retains _________________________________________________________, ("Real Estate Firm” or “Firm") to represent Seller in the sale of the real property commonly known as ____________________________________ in the City of _____________________ , County of _________________ , State of ______, Zip ______________ ; and legally described as: LOT ________________________ , BLOCK __________________________________ , DIVISION _______________________ , VOL ____________________ , PAGE ____________________________ _______________________________________________________________________________ ("the Property") to ___________________________________________________________________________________ (“Buyer”). 1. BUYER. Firm agrees to represent Seller in the sale of the Property to Buyer, who Seller has identified as the likely purchaser. If a purchase and sale agreement between Buyer and Seller is not mutually accepted by _____________ (30 days from the effective date hereof, if not filled in), then this Seller Representation Agreement (the “Agreement”) shall terminate. 2. AGENCY/DUAL AGENCY. Seller authorizes Firm to appoint ________________________________________ as Seller’s Broker. This Agreement creates an agency relationship with Seller’s Broker and any of Firm’s brokers who supervise Seller’s Broker’s performance as Seller’s agent (“Supervising Broker”). No other brokers affiliated with Firm are agents of Seller, except to the extent that Firm, in its discretion, appoints other brokers to act on Seller's behalf as and when needed. If Buyer is represented by one of Firm’s brokers other than Seller’s Broker (“Buyer’s Broker”), Seller consents to any Supervising Broker, who also supervises Buyer’s Broker, acting as a dual agent. If Buyer is also represented by Seller’s Broker, Seller consents to Seller’s Broker and Supervising Broker acting as dual agents. Seller acknowledges receipt of the pamphlet entitled “The Law of Real Estate Agency." Seller waives the right to duties provided for in RCW 18.86 to the extent inconsistent with this Agreement. 3. COMPENSATION. Seller shall pay Firm compensation of (fill in one and strike the other) ________% of the sales price, or $ ____________________ (“Total Compensation”) for representing Seller in the sale of the Property to Buyer. No compensation from Seller is otherwise due, unless Seller separately agrees to compensate a buyer brokerage firm who represents Buyer. 4. MULTIPLE LISTING SERVICE. MLS means “Northwest Multiple Listing Service.” Seller authorizes Firm to provide this Agreement to MLS, including photographs, drawings, or sketches of the Property, and report the sale of the Property (including price and all terms) to MLS and to its members, financial institutions, appraisers, and others related to the sale. MLS is an intended third party beneficiary of this Agreement. 5. NO MARKETING AND FAIR MARKET VALUE. Seller acknowledges that Firm will not market the Property (through MLS or otherwise), even though exposure of the Property to the open market through MLS will increase the likelihood that Seller will receive fair market value for the Property. Seller understands that selling the Property to Buyer without exposure of the Property to the market may cause the Seller to receive a lower purchase price or other less favorable terms. 6. SELLER'S WARRANTIES AND REPRESENTATIONS. Seller warrants that Seller has the right to sell the Property on the terms herein. If Seller provides Firm with any photographs, drawings, or sketches of the Property, Seller warrants that Seller has the necessary rights in the photographs, drawings, or sketches to allow Firm to use them as contemplated by this Agreement. Seller agrees to indemnify and hold Firm and other members of MLS harmless in the event the foregoing warranties are incorrect. 7. SHORT SALE / NO DISTRESSED HOME CONVEYANCE. If the proceeds from the sale of the Property are insufficient to cover the Seller’s costs at closing, Seller acknowledges that the decision by any beneficiary or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 City Of Arlington 3209 180th Street NE Arlington Snohomish WA 98223 1,8 Arlington 3209 180th ST NE Arlington WA 98223 Monte Cristo Homes LLC 30 Melissa Johnson 1.5 KW Commercial, KW GSWA MCI LLC Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 47 ©Copyright 2022 Seller Representation Northwest Multiple Listing Service Rev. 10/22 ALL RIGHTS RESERVED Page 2 of 2 SELLER REPRESENTATION AGREEMENT SALE TO IDENTIFIED BUYER Continued mortgagee, or its assignees, to release its interest in the Property, for less than the amount owed, does not automatically relieve Seller of the obligation to pay any debt or costs remaining at closing, including fees such as Firm’s compensation. Firm will not represent or assist Seller in a transaction that is a “Distressed Home Conveyance” as defined by Chapter 61.34 RCW unless otherwise agreed in writing. A “Distressed Home Conveyance” is a transaction where a buyer purchases property from a “Distressed Homeowner” (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to continue to occupy the property, and promises to convey the property back to the Distressed Homeowner or promises the Distressed Homeowner an interest in, or portion of, the proceeds from a resale of the property. 8. SELLER DISCLOSURE STATEMENT. Unless Seller is exempt under RCW 64.06, Seller shall provide to Buyer as soon as reasonably practicable a completed and signed "Seller Disclosure Statement" (Form 17 (Residential), Form 17C (Unimproved Residential), or Form 17 (Commercial). Seller agrees to indemnify, defend and hold Firm harmless from and against any and all claims that the information Seller provides on Form 17, Form 17C, or Form 17 Commercial is inaccurate. 9. DAMAGES IN THE EVENT OF BUYER'S BREACH. In the event Seller retains earnest money as liquidated damages on Buyer's breach, any costs advanced or committed by Firm on Seller's behalf shall be paid therefrom and the balance divided equally between Seller and Firm. 10. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is successful, the other party agrees to pay reasonable attorneys' fees. In the event of trial, the successful party shall be entitled to an award of attorneys' fees and expenses; the amount of the attorneys' fees and expenses shall be fixed by the court. The venue of any suit shall be the county in which the Property is located. _______________________________________________ ________________________________________ Seller’s Signature Date Real Estate Firm _______________________________________________ ________________________________________ Seller’s Signature Date Broker’s Signature Date 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 KW Commercial, KW GSWA MCI LLC Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 42 ©Copyright 2010 Agency Disclosure Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 AGENCY DISCLOSURE Washington State law requires real estate brokers to disclose to all parties to whom the broker renders real estate brokerage services whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor and buyer/lessee, or neither. This form is for use when the transaction forms do not otherwise contain an agency disclosure provision. THE UNDERSIGNED BROKER REPRESENTS: _____________________________________________________ THE UNDERSIGNED BUYER / LESSEE OR SELLER / LESSOR ACKNOWLEDGES RECEIPT OF A COPY OF THE PAMPHLET ENTITLED “THE LAW OF REAL ESTATE AGENCY” ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Signature Date ______________________________________________________________________________ Signature Date BROKER _____________________________________________________________________________________ Print/Type BROKER’S SIGNATURE ________________________________________________________________________ FIRM NAME AS LICENSED ______________________________________________________________________ Print/Type FIRM’S ASSUMED NAME (if applicable) ____________________________________________________________ Print/Type 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 City of ArlingtonSeller, Seller Melissa Johnson KW Commercial, GSWA MCI LLC Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 The following is only a brief summary of the attached law. SEC. 1. Definitions. Defines the specific terms used in the law. SEC. 2. Relationships between Brokers and the Public. Prescribes that a broker who works with a buyer or tenant represents that buyer or tenant — unless the broker is the listing agent, a seller’s subagent, a dual agent, the seller personally or the parties agree otherwise. Also prescribes that in a transaction involving two different brokers licensed to the same real estate firm, the firm’s designated broker and any managing broker responsible for the supervision of both brokers, are dual agents and each broker solely represents his or her client — unless the parties agree in writing that both brokers are dual agents. SEC. 3. Duties of a Broker Generally. Prescribes the duties that are owed by all brokers, regardless of who the broker represents. Requires disclosure of the broker’s agency relationship in a specific transaction. SEC. 4. Duties of a Seller’s Agent. Prescribes the additional duties of a broker representing the seller or landlord only. SEC. 5. Duties of a Buyer’s Agent. Prescribes the additional duties of a broker representing the buyer or tenant only. SEC. 6. Duties of a Dual Agent. Prescribes the additional duties of a broker representing both parties in the same transaction, and requires the written consent of both parties to the broker acting as a dual agent. SEC. 7. Duration of Agency Relationship. Describes when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship. SEC. 8. Compensation. Allows real estate firms to share compensation with cooperating real estate firms. States that payment of compensation does not necessarily establish an agency relationship. Allows brokers to receive compensation from more than one party in a transaction with the parties’ consent. SEC. 9. Vicarious Liability. Eliminates the liability of a party for the conduct of the party’s agent or subagent, unless the principal participated in or benefited from the conduct or the agent or subagent is insolvent. Also limits the liability of a broker for the conduct of a subagent. SEC. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge of the principal. SEC. 11. Interpretation. This law establishes statutory duties which replace common law fiduciary duties owed by an agent to a principal. SEC. 12. Short Sale. Prescribes an additional duty of a firm representing the seller of owner-occupied real property in a short sale. THE LAW OF REAL ESTATE AGENCY This pamphlet describes your legal rights in dealing with a real estate firm or broker. Please read it carefully before signing any documents. Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 SECTION 1: DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) “Agency relationship” means the agency relationship created under this chapter or by written agreement between a real estate firm and a buyer and/or seller relating to the performance of real estate brokerage services. (2) “Agent” means a broker who has entered into an agency relationship with a buyer or seller. (3) “Broker” means broker, managing broker, and designated broker, collectively, as defined in chapter 18.85 RCW, unless the context requires the terms to be considered separately. (4) “Business opportunity” means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof when the transaction or business includes an interest in real property. (5) “Buyer” means an actual or prospective purchaser in a real estate transaction, or an actual or prospective tenant in a real estate rental or lease transaction, as applicable. (6) “Buyer’s agent” means a broker who has entered into an agency relationship with only the buyer in a real estate transaction, and includes sub-agents engaged by a buyer’s agent. (7) “Confidential information” means information from or concerning a principal of a broker that: (a) Was acquired by the broker during the course of an agency relationship with the principal; (b) The principal reasonably expects to be kept confidential; (c) The principal has not disclosed or authorized to be disclosed to third parties; (d) Would, if disclosed, operate to the detriment of the principal; and (e) The principal personally would not be obligated to disclose to the other party. (8) “Dual agent” means a broker who has entered into an agency relationship with both the buyer and seller in the same transaction. (9) “Material fact” means information that substantially adversely affects the value of the property or a party’s ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other death, rape or other sex crime, assault or other violent crime, robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or use not adversely affecting the physical condition of or title to the property is not a material fact. (10) “Owner-occupied real property” means real property consisting solely of a single-family residence, a residential condominium unit, or a residential cooperative unit that is the principal residence of the borrower. (11) “Principal” means a buyer or a seller who has entered into an agency relationship with a broker. (12) “Real estate brokerage services” means the rendering of services for which a real estate license is required under chapter 18.85 RCW. (13) “Real estate firm” or “firm” have the same meaning as defined in chapter 18.85 RCW. (14) “Real estate transaction” or “transaction” means an actual or prospective transaction involving a purchase, sale, option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist until a written offer has been signed by at least one of the parties. (15) “Seller” means an actual or prospective seller in a real estate transaction, or an actual or prospective landlord in a real estate rental or lease transaction, as applicable. (16) “Seller’s agent” means a broker who has entered PAGE 2 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 into an agency relationship with only the seller in a real estate transaction, and includes subagents engaged by a seller’s agent. (17) “Subagent” means a broker who is engaged to act on behalf of a principal by the principal’s agent where the principal has authorized the broker in writing to appoint subagents. SECTION 2: RELATIONSHIPS BETWEEN BROKERS AND THE PUBLIC. (1) A broker who performs real estate brokerage services for a buyer is a buyer’s agent unless the: (a) Broker’s firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, in which case the broker is a seller’s agent; (b) Broker has entered into a subagency agreement with the seller’s agent’s firm, in which case the broker is a seller’s agent; (c) Broker’s firm has appointed the broker to represent the seller pursuant to a written agency agreement between the firm and the seller, and the broker’s firm has appointed the broker to represent the buyer pursuant to a written agency agreement between the firm and the buyer, in which case the broker is a dual agent; (d) Broker is the seller or one of the sellers; or (e) Parties agree otherwise in writing after the broker has complied with RCW 18.86.030(1)(f). (2) In a transaction in which different brokers affiliated with the same firm represent different parties, the firm’s designated broker and any managing broker responsible for the supervision of both brokers, is a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such case, each of the brokers shall solely represent the party with whom the broker has an agency relationship, unless all parties agree in writing that the broker is a dual agent. (3) A broker may work with a party in separate transactions pursuant to different relationships, including, but not limited to, representing a party in one transaction and at the same time not representing that party in a different transaction involving that party, if the broker complies with this chapter in establishing the relationships for each transaction. SECTION 3: DUTIES OF A BROKER GENERALLY. (1) Regardless of whether a broker is an agent, the broker owes to all parties to whom the broker renders real estate brokerage services the following duties, which may not be waived: (a) To exercise reasonable skill and care; (b) To deal honestly and in good faith; (c) To present all written offers, written notices and other written communications to and from either party in a timely manner, regardless of whether the property is subject to an existing contract for sale or the buyer is already a party to an existing contract to purchase; (d) To disclose all existing material facts known by the broker and not apparent or readily ascertainable to a party; provided that this subsection shall not be construed to imply any duty to investigate matters that the broker has not agreed to investigate; (e) To account in a timely manner for all money and property received from or on behalf of either party; (f) To provide a pamphlet on the law of real estate agency in the form prescribed in PAGE 3 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 RCW 18.86.120 to all parties to whom the broker renders real estate brokerage services, before the party signs an agency agreement with the broker, signs an offer in a real estate transaction handled by the broker, consents to dual agency, or waives any rights, under RCW 18.86.020(1)(e), 18.86.040(1)(e), 18.86.050(1)(e), or 18.86.060(2)(e) or (f), whichever occurs earliest; and (g) To disclose in writing to all parties to whom the broker renders real estate brokerage services, before the party signs an offer in a real estate transaction handled by the broker, whether the broker represents the buyer, the seller, both parties, or neither party. The disclosure shall be set forth in a separate paragraph entitled “Agency Disclosure” in the agreement between the buyer and seller or in a separate writing entitled “Agency Disclosure.” (2) Unless otherwise agreed, a broker owes no duty to conduct an independent inspection of the property or to conduct an independent investigation of either party’s financial condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party or by any source reasonably believed by the broker to be reliable. SECTION 4: DUTIES OF A SELLER’S AGENT. (1) Unless additional duties are agreed to in writing signed by a seller’s agent, the duties of a seller’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the seller by taking no action that is adverse or detrimental to the seller’s interest in a transaction; (b) To timely disclose to the seller any conflicts of interest; (c) To advise the seller to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise; (d) Not to disclose any confidential information from or about the seller, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the seller’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a seller’s agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale. (2) (a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a seller’s agent does not in and of itself breach the duty of loyalty to the seller or create a conflict of interest. (b) The representation of more than one seller by different brokers affiliated with the same firm in competing transactions involving the same buyer does not in and of itself breach the duty of loyalty to the sellers or create a conflict of interest. SECTION 5: DUTIES OF A BUYER’S AGENT. (1) Unless additional duties are agreed to in writing signed by a buyer’s agent, the duties of a buyer’s agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) of this subsection: (a) To be loyal to the buyer by taking no action that is adverse or detrimental to the buyer’s interest in a transaction; PAGE 4 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 (b) To timely disclose to the buyer any conflicts of interest; (c) To advise the buyer to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise; (d) Not to disclose any confidential information from or about the buyer, except under subpoena or court order, even after termination of the agency relationship; and (e) Unless otherwise agreed to in writing after the buyer’s agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a buyer’s agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the buyer’s agent. (2) (a) The showing of property in which a buyer is interested to other prospective buyers by a buyer’s agent does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers affiliated with the same firm in competing transactions involving the same property does not in and of itself breach the duty of loyalty to the buyer or create a conflict of interest. SECTION 6: DUTIES OF A DUAL AGENT. (1) Notwithstanding any other provision of this chapter, a broker may act as a dual agent only with the written consent of both parties to the transaction after the dual agent has complied with RCW 18.86.030(1)(f), which consent must include a statement of the terms of compensation. (2) Unless additional duties are agreed to in writing signed by a dual agent, the duties of a dual agent are limited to those set forth in RCW 18.86.030 and the following, which may not be waived except as expressly set forth in (e) and (f) of this subsection: (a) To take no action that is adverse or detrimental to either party’s interest in a transaction; (b) To timely disclose to both parties any conflicts of interest; (c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the dual agent’s expertise; (d) Not to disclose any confidential information from or about either party, except under subpoena or court order, even after termination of the agency relationship; (e) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a buyer for the property; except that a dual agent is not obligated to seek additional offers to purchase the property while the property is subject to an existing contract for sale; and (f) Unless otherwise agreed to in writing after the dual agent has complied with RCW 18.86.030(1)(f), to make a good faith and continuous effort to find a property for the buyer; except that a dual agent is not obligated to: (i) seek additional properties to purchase while the buyer is a party to an existing contract to purchase; or (ii) show properties as to which there is no written agreement to pay compensation to the dual agent. (3) (a) The showing of properties not owned by the seller to prospective buyers or the listing of competing properties for sale by a dual agent does not in and of itself constitute action that is PAGE 5 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 adverse or detrimental to the seller or create a conflict of interest. (b) The representation of more than one seller by different brokers licensed to the same firm in competing transactions involving the same buyer does not in and of itself constitute action that is adverse or detrimental to the sellers or create a conflict of interest. (4) (a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. (b) The representation of more than one buyer by different brokers licensed to the same firm in competing transactions involving the same property does not in and of itself constitute action that is adverse or detrimental to the buyer or create a conflict of interest. SECTION 7: DURATION OF AGENCY RELATIONSHIP. (1) The agency relationships set forth in this chapter commence at the time that the broker undertakes to provide real estate brokerage services to a principal and continue until the earliest of the following: (a) Completion of performance by the broker; (b) Expiration of the term agreed upon by the parties; (c) Termination of the relationship by mutual agreement of the parties; or (d) Termination of the relationship by notice from either party to the other. However, such a termination does not affect the contractual rights of either party. (2) Except as otherwise agreed to in writing, a broker owes no further duty after termination of the agency relationship, other than the duties of: (a) Accounting for all moneys and property received during the relationship; and (b) Not disclosing confidential information. SECTION 8: COMPENSATION. (1) In any real estate transaction, a firm’s compensation may be paid by the seller, the buyer, a third party, or by sharing the compensation between firms. (2) An agreement to pay or payment of compensation does not establish an agency relationship between the party who paid the compensation and the broker. (3) A seller may agree that a seller’s agent’s firm may share with another firm the compensation paid by the seller. (4) A buyer may agree that a buyer’s agent’s firm may share with another firm the compensation paid by the buyer. (5) A firm may be compensated by more than one party for real estate brokerage services in a real estate transaction, if those parties consent in writing at or before the time of signing an offer in the transaction. (6) A firm may receive compensation based on the purchase price without breaching any duty to the buyer or seller. (7) Nothing contained in this chapter negates the requirement that an agreement authorizing or employing a broker to sell or purchase real estate for compensation or a commission be in writing and signed by the seller or buyer. PAGE 6 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 SECTION 9: VICARIOUS LIABILITY. (1) A principal is not liable for an act, error, or omission by an agent or subagent of the principal arising out of an agency relationship: (a) Unless the principal participated in or authorized the act, error, or omission; or (b) Except to the extent that: (i) the principal benefited from the act, error, or omission; and (ii) the court determines that it is highly probable that the claimant would be unable to enforce a judgment against the agent or subagent. (2) A broker is not liable for an act, error, or omission of a subagent under this chapter, unless that broker participated in or authorized the act, error or omission. This subsection does not limit the liability of a firm for an act, error, or omission by a broker licensed to the firm. SECTION 10: IMPUTED KNOWLEDGE AND NOTICE. (1) Unless otherwise agreed to in writing, a principal does not have knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal. (2) Unless otherwise agreed to in writing, a broker does not have knowledge or notice of any facts known by a subagent that are not actually known by the broker. This subsection does not limit the knowledge imputed to the designated broker or any managing broker responsible for the supervision of the broker of any facts known by the broker. SECTION 11: INTERPRETATION. The duties under this chapter are statutory duties and not fiduciary duties. This chapter supersedes the fiduciary duties of an agent to a principal under the common law. The common law continues to apply to the parties in all other respects. This chapter does not affect the duties of a broker while engaging in the authorized or unauthorized practice of law as determined by the courts of this state. This chapter shall be construed broadly. SECTION 12: SHORT SALE. When the seller of owner-occupied residential real property enters into a listing agreement with a real estate firm where the proceeds from the sale may be insufficient to cover the costs at closing, it is the responsibility of the real estate firm to disclose to the seller in writing that the decision by any beneficiary or mortgagee, or its assignees, to release its interest in the real property, for less than the amount the borrower owes, does not automatically relieve the seller of the obligation to pay any debt or costs remaining at closing, including fees such as the real estate firm’s commission. PAGE 7 © Copyright 2013 Northwest Multiple Listing Service Revised July 2013 RCW 18.86.120 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement-Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 1 of 6 ________________________________ ________________________________ SELLER’S INITIALS Date SELLER’S INITIALS Date SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY SELLER: ________________________________________________________________________________________________ Seller Seller To be used in transfers of unimproved residential real property, including property zoned for residential use that is not improved by one or more residential dwelling units, a residential condominium, a residential timeshare or a mobile or manufactured home. Unimproved residential real property does not include commercial real estate as defined in RCW 60.42.005 or property defined as "timber land" under RCW 84.34.020. See RCW Chapter 64.06 for further information. INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property check “NA.” If the answer is “yes” to any asterisked (*) item(s), please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and initial each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five (5) business days, unless otherwise agreed, after mutual acceptance of a written purchase and sale agreement between a Buyer and Seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE BY THE SELLER ABOUT THE CONDITION OF THE PROPERTY LOCATED AT ________________________________________________________ , CITY ____________________________________ , STATE _______ , ZIP _______________, COUNTY____________________________________ (“THE PROPERTY”) OR AS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A PURCHASE AND SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller  is /  is not occupying the Property. I. SELLER’S DISCLOSURES: * If you answer “Yes” to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. YES NO DON’T N/A 1. TITLE KNOW A. Do you have legal authority to sell the property? If no, please explain. ............................................     *B. Is title to the property subject to any of the following? (1) First right of refusal ...................................................................................................................     (2) Option .......................................................................................................................................     (3) Lease or rental agreement .......................................................................................................     (4) Life estate? ...............................................................................................................................     *C. Are there any encroachments, boundary agreements, or boundary disputes? ...............................     *D. Is there a private road or easement agreement for access to the property? ...................................     *E. Are there any rights-of-way, easements, or access limitations that affect the Buyer’s use of the property? ....................................................................................................................................     1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 4 City Of Arlington 3209 180th Street NE Arlington WA 98223 Snohomish Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement - Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 2 of 6 (Continued) _______________________________ ________________________________ SELLER’S INITIALS Date SELLER’S INITIALS Date SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY YES NO DON’T N/A KNOW *F. Are there any written agreements for joint maintenance of an easement or right of way? ..............     *G. Is there any study, survey project, or notice that would adversely affect the property? ...................     *H. Are there any pending or existing assessments against the property? ...........................................     *I. Are there any zoning violations, nonconforming uses, or any unusual restrictions on the property that affect future construction or remodeling? ...................................................................     *J. Is there a boundary survey for the property? ...................................................................................     *K. Are there any covenants, conditions, or restrictions recorded against title to the property? .............     NOTICE TO BUYER: Covenants or deed restrictions based on race, creed, sexual orientation, or other protected class were voided by RCW 49.60.224 and are unenforceable. Washington law allows for the illegal language to be struck by bringing an action in superior court or by the free recording of a restrictive covenant modification document. Many county auditor websites provide a short form with instructions on this process. 2. WATER A. Household Water (1) Does the property have potable water supply? .........................................................................     (2) If yes, the source of water for the property is:  Private or publicly owned water system  Private well serving only the property * Other water system *If shared, are there any written agreements? ..........................................................................     *(3) Is there an easement (recorded or unrecorded) for access to and/or maintenance of the water source? ..................................................................................................................     *(4) Are there any problems or repairs needed? ..............................................................................     (5) Is there a connection or hook-up charge payable before the property can be connected to the water main? .....................................................................................................................     (6) Have you obtained a certificate of water availability from the water purveyor serving the property? (If yes, please attach a copy.) .............................................................................     (7) Is there a water right permit, certificate, or claim associated with household water supply for the property? (If yes, please attach a copy.) .............................................................     (a) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? ...................................................................................................     *(b) If yes, has all or any portion of the water right not been used for five or more successive years? ..............................................................................................................     (c) If no or don’t know, is the water withdrawn from the water source less than 5,000 gallons a day? ...........................................................................................................     *(8) Are there any defects in the operation of the water system (e.g. pipes, tank, pump, etc.)? ......     B. Irrigation Water (1) Are there any irrigation water rights for the property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.) ..................................................................     (a) If yes, has all or any portion of the water right not been used for five or more successive years? ..............................................................................................................     (b) If yes, has the water right permit, certificate, or claim been assigned, transferred, or changed? ...................................................................................................     50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement - Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 3 of 6 (Continued) _______________________________ ________________________________ SELLER’S INITIALS Date SELLER’S INITIALS Date SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY YES NO DON’T N/A KNOW *(2) Does the property receive irrigation water from a ditch company, irrigation district, or other entity? .....     If so, please identify the entity that supplies irrigation water to the property: _____________________________________________________________________ C. Outdoor Sprinkler System (1) Is there an outdoor sprinkler system for the property? ..............................................................     *(2) If yes, are there any defects in the system? ..............................................................................     *(3) If yes, is the sprinkler system connected to irrigation water? ....................................................     3. SEWER/SEPTIC SYSTEM A. The property is served by:  Public sewer system  On-site sewage system (including pipes, tanks, drainfields, and all other component parts)  Other disposal system Please describe: _______________________________________________________ B. Is the property subject to any sewage system fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service?...................................     C. If the property is connected to an on-site sewage system: *(1) Was a permit issued for its construction? ..................................................................................     *(2) Was it approved by the local health department or district following its construction? ..............     (3) Is the septic system a pressurized system? ..............................................................................     (4) Is the septic system a gravity system? .....................................................................................     *(5) Have there been any changes or repairs to the on-site sewage system? .................................     (6) Is the on-site sewage system, including the drainfield, located entirely within the boundaries of the property? .....................................................................................     If no, please explain: ____________________________________________________ *(7) Does the on-site sewage system require monitoring and maintenance services more frequently than once a year? ....................................................................................................     4. ELECTRICAL/GAS A. Is the property served by natural gas? .............................................................................................     B. Is there a connection charge for gas? ..............................................................................................     C. Is the property served by electricity? ................................................................................................     D. Is there a connection charge for electricity? .....................................................................................     *E. Are there any electrical problems on the property? ..........................................................................    5. FLOODING A. Is the property located in a government designated flood zone or floodplain? .................................     94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement - Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 4 of 6 (Continued) _______________________________ ________________________________ SELLER’S INITIALS Date SELLER’S INITIALS Date SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY YES NO DON’T N/A 6. SOIL STABILITY KNOW *A. Are there any settlement, earth movement, slides, or similar soil problems on the property? ..........     7. ENVIRONMENTAL *A. Have there been any flooding, standing water, or drainage problems on the property that affect the property or access to the property? ............................................................................................     *B. Does any part of the property contain fill dirt, waste, or other fill material?.......................................     *C. Is there any material damage to the property from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? ....................................................................................     D. Are there any shorelines, wetlands, floodplains, or critical areas on the property? ..........................     *E. Are there any substances, materials, or products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? .................................................................................     *F. Has the property been used for commercial or industrial purposes? ................................................     *G. Is there any soil or groundwater contamination? ..............................................................................     *H. Are there transmission poles or other electrical utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property?.........     *I. Has the property been used as a legal or illegal dumping site? .......................................................     *J. Has the property been used as an illegal drug manufacturing site? .................................................     *K. Are there any radio towers that cause interference with cellular telephone reception? ....................     8. HOMEOWNERS’ ASSOCIATION/COMMON INTERESTS  A. Is there a homeowners’ association? ...............................................................................................     Name of Association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: _______________________________ B. Are there regular periodic assessments? .........................................................................................     $ ______________ per  month  year  Other: ________________________________________________________________ *C. Are there any pending special assessments? ..................................................................................     *D. Are there any shared “common areas” or any joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? ....................................................................................     9. OTHER FACTS *A. Are there any disagreements, disputes, encroachments, or legal actions concerning the property? .......     *B. Does the property have any plants or wildlife that are designated as species of concern, or listed as threatened or endangered by the government? ...........................................................................     130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement - Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 5 of 6 (Continued) SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY YES NO DON’T N/A KNOW *C. Is the property classified or designated as forest land or open space? ............................................     D. Do you have a forest management plan? If yes, attach. .................................................................     *E. Have any development-related permit applications been submitted to any government agencies? ........     If the answer to E is “yes,” what is the status or outcome of those applications? _______________________________________________________________________ F. Is the property located within a city, county, or district or within a department of natural resources fire protection zone that provides fire protection services? .............................................................     10. FULL DISCLOSURE BY SELLERS A. Other conditions or defects: *Are there any other existing material defects affecting the property that a prospective buyer should know about?................................................................................................................     B. Verification The foregoing answers and attached explanations (if any) are complete and correct to the best of Seller’s knowledge and Seller has received a copy hereof. Seller agrees to defend, indemnify and hold real estate licensees harmless from and against any and all claims that the above information is inaccurate. Seller authorizes real estate licensees, if any, to deliver a copy of this disclosure statement to other real estate licensees and all prospective buyers of the property. _________________________________________________ ____________________________________________________ Seller Date Seller Date If the answer is “Yes” to any asterisked (*) items, please explain below (use additional sheets if necessary). Please refer to the line number(s) of the question(s). 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 Form 17C ©Copyright 2021 Seller Disclosure Statement - Unimproved Northwest Multiple Listing Service Rev. 8/21 ALL RIGHTS RESERVED Page 6 of 6 (Continued) ________________________________ ________________________________ SELLER’S INITIALS Date SELLER’S INITIALS Date SELLER DISCLOSURE STATEMENT UNIMPROVED PROPERTY II. NOTICES TO THE BUYER 1. SEX OFFENDER REGISTRATION INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. 2. PROXIMITY TO FARMING/WORKING FOREST THIS NOTICE IS TO INFORM YOU THAT THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE MAY LIE IN CLOSE PROXIMITY TO A FARM OR WORKING FOREST. THE OPERATION OF A FARM OR WORKING FOREST INVOLVES USUAL AND CUSTOMARY AGRICULTURAL PRACTICES OR FOREST PRACTICES, WHICH ARE PROTECTED UNDER RCW 7.48.305, THE WASHINGTON RIGHT TO FARM ACT. 3. OIL TANK INSURANCE THIS NOTICE IS TO INFORM YOU THAT IF THE REAL PROPERTY YOU ARE CONSIDERING FOR PURCHASE UTILIZES AN OIL TANK FOR HEATING PURPOSES, NO COST INSURANCE MAY BE AVAILABLE FROM THE POLLUTION LIABILITY INSURANCE AGENCY. III. BUYER’S ACKNOWLEDGEMENT 1. BUYER HEREBY ACKNOWLEDGES THAT: A. Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050 (2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the “Buyer’s acceptance” portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller’s signature(s). DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER’S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE (3) BUSINESS DAYS FROM THE DAY SELLER OR SELLER’S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER’S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. _____________________________________________________ ___________________________________________________ Buyer Date Buyer Date 2. BUYER’S WAIVER OF RIGHT TO REVOKE OFFER Buyer has read and reviewed the Seller’s responses to this Seller Disclosure Statement. Buyer approves this statement and waives Buyer’s right to revoke Buyer’s offer based on this disclosure. _____________________________________________________ ___________________________________________________ Buyer Date Buyer Date 3. BUYER’S WAIVER OF RIGHT TO RECEIVE COMPLETED SELLER DISCLOSURE STATEMENT Buyer has been advised of Buyer's right to receive a completed Seller Disclosure Statement. Buyer waives that right. However, if the answer to any of the questions in the section entitled “Environmental” would be “yes,” Buyer may not waive the receipt of the “Environmental” section of the Seller Disclosure Statement. _____________________________________________________ ___________________________________________________ Buyer Date Buyer Date 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Authentisign ID: A6D83C22-0F7E-ED11-AC20-0050F2765AB1 City of Arlington Council Agenda Bill Item: NB #2 Attachment DCOUNCIL MEETING DATE: January 17, 2023 SUBJECT: Ordinance amending AMC section 10.54.160 ATTACHMENTS: Draft Ordinance, Notice of Parking Infraction Approval Checklist DEPARTMENT OF ORIGIN Police Department; Jonathan Ventura, Chief 360-403-4621 EXPENDITURES REQUESTED: $0.00 BUDGET CATEGORY: Police BUDGETED AMOUNT: $0.00 LEGAL REVIEW: DESCRIPTION: The City’s parking notice of infraction forms are impacted by changes in state law (Laws of 2021, Ch. 240) that will in turn require amendments to City Ordinance AMC section 10.54.160. HISTORY: The Arlington Police Department has been notified that the Uniform Infraction/Citation Committee (UICC) has released its paper statewide criminal citation and notice of infraction form templates. The Administration Office of the Courts (AOC) has also released its parking and photo-enforced notice of infraction requirements checklists. The proposed ordinance amends AMC section 10.54.160 regarding payment options and timed response to infraction dates. The forms and requirements go into effect on January 1, 2023. The Administration Office of the Courts (AOC) has tentatively approved the Parking Notice of Infraction that the Arlington Police Department submitted and will grant the formal approval ALTERNATIVES: Take no action. RECOMMENDED MOTION: I move to approve the ordinance amending AMC section 10.54.160 and authorize the Mayor to sign the ordinance. ORDINANCE NO. 2023-XXX 1 ORDINANCE NO. 2023--XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING ARLINGTON MUNICIPAL CODE SECTION 10.54.160 PERTAINING TO PARKING INFRACTIONS WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote and protect the public safety; and WHEREAS, the Administrative Office of the Courts (AOC) has established new notice of parking infraction requirements which require changes in both the infractions used by the City Police Department and changes in the processing of those infractions; and WHEREAS, the City wishes to comply with the new requirements; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 10.54.160 shall be and hereby is amended to read as follows: 10.54.160 - Violation—Infraction. A person violating any provision of this chapter commits an infraction, for the violation of which they shall pay a civil penalty in a sum to be set by city resolution, plus court fees, where applicable. (A) Parking infractions shall be paid at the City of Arlington Finance Department at city hall, 238 N. Olympic Avenue, Arlington in person within thirty (30) days of issuance if issued in person or by mail within fifteen thirty-three (33) days of mailing if issued by maildays of issuance. (B) The fine for all parking infractions paid on the city's next full business day after the citation is given shall be reduced by one-half the fine amount. (C) For payments made by mail, a postmark shall serve as the date the payment is made. (D) A parking infraction may be contested by notifying the finance department within fifteen days of issuance and requesting a hearing within thirty (30) days of issuance if issued in person or within thirty-three (33) days of mailing if issued by mail. (E) Requests to contest infractions must be made in writing and signed by the owner of the vehicle. (F) When a request for a contested hearing is made, the finance department will forward a notice of infraction to the municipal court for a hearing. (G) The fine for parking infractions that are neither contested nor paid within fifteen ORDINANCE NO. 2023-XXX 2 days of issuance thirty (30) days of issuance if issued in person or within thirty- three (33) days of mailing if issued by mail shall be doubled. (H) Failure to remit the fine within fifteen days of receiving a reminder notice from the municipal court that the fine is due will result in the inability to renew the vehicle registration without remitting the fine. (I) If no response or payment is made within fifteen calendar days from the date of issuance of the notice of parking violationthe time frame set forth in subparagraph (A), above, the penalty for each violation may be referred to a collection agency thirty days from the due date, or fifteen days after the penalty is due, pursuant to RCW 3.02.045 and 19.16.500. The violator may be liable for any and all collection costs. (J) For all infractions that are neither contested nor paid within fifteen days of issuancethe time frame set forth in subparagraph (A), above, the municipal court shall send the vehicle owner a reminder notice stating that payment has not been made and describing the consequences of non-payment set forth in subsections (g) through (i). Section 2. Severability. If any provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after publication. PASSED BY the City Council and APPROVED by the Mayor this _____ day of _______________, 2023. CITY OF ARLINGTON Barbara Tolbert, Mayor ORDINANCE NO. 2023-XXX 3 Attest: Wendy Van Der Meersche City Clerk Approved as to form: Steven J. Peiffle City Attorney City of Arlington Council Agenda Bill Item: NB #3 Attachment E COUNCIL MEETING DATE: January 17, 2023 SUBJECT: Grant Agreement with the Washington State Transportation Improvement Board (TIB) ATTACHMENTS: TIB Grant Agreement – 211th Place DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director 360-403-3505 EXPENDITURES REQUESTED: $ 695,487.00 City Funds (2023-2024 budget) $ 2,300,000.00 TIB funds BUDGET CATEGORY: Transportation Improvement Fund, Utility Funds BUDGETED AMOUNT: $ 395,487 budgeted 2023 $ 2,600,000 budgeted 2024 LEGAL REVIEW: DESCRIPTION: Authorization to sign TIB Grant agreement for improvements to 211th Place from 67th Avenue to SR-530. HISTORY: 211th Place is a designated Arlington freight/truck route that serves as a connector roadway joining SR-530 to 67thwalkways, and geotechnical issues with the embankment on the north side of the road. The connection of 211th Place at SR-530 has been a dangerous intersection and the site of many collisions. WSDOT will be constructing a roundabout at the SR-530/211th Place intersection in 2023. This will improve 211th Place and SR-530 intersection movements, and will likely increase traffic on 211th Place. City staff developed the 211th Place Improvement Project to addresses embankment and roadway prism improvements, utility and drainage improvements, pedestrian pathway improvements, and street th TIB project number 8-1-817(009)-1). ALTERNATIVES: Remand to staff for more additional information. RECOMMENDED MOTION: I move to authorize the Mayor to sign the grant agreement with the Transportation Improvement Board. Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 1 of 5 November 2012 City of Arlington 8-1-817(009)-1 211th Place SR 530 to 67th Ave NE STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Arlington AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 211th Place, SR 530 to 67th Ave NE (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Arlington, a political subdivision of the State of Washington (hereinafter “RECIPIENT”). 1.0 PURPOSE For the project specified above, TIB shall pay 79.7194 percent of approved eligible project costs up to the amount of $2,300,000, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Project Funding Status Form b) Bid Authorization Form with plans and engineers estimate c) Award Updated Cost Estimate d) Bid Tabulations e) Contract Completion Updated Cost Estimate with final summary of quantities f) Project Accounting History 4.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 2 of 5 November 2012 often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 5.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 6.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 7.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. 8.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9.0 DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB’s notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 3 of 5 November 2012 a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 9.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 10.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor vehicle purpose. 11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 4 of 5 November 2012 12.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 13.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 14.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. Washington State Transportation Improvement Board 8-1-817(009)-1 Fuel Tax Grant Agreement Fuel Tax Agreement Page 5 of 5 November 2012 15.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 16.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Approved as to Form Attorney General By: Signature on file Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name blank City of Arlington Council Agenda Bill Item: NB #4 Attachment F is eligible to receive, and has been awarded, a NHS Asset Management Grant to fund NHS corridor preservation activities. The City has developed the Division/Broadway Restoration Project that includes grant funded preservation activities and other improvements including, traffic circle improvements, curb ramp improvements, enhanced cross walks, and improved street lighting. Since this project is partially funded by a federal grant, it must follow federal policies for design and construction; WSDOT will be the City’s certifying agency to monitor federal policy compliance. Staff issued a Request for Proposals in November 2022 for project design services. Three proposals were received and interviews were conducted by a panel of three city staff and one WSDOT representative. LDC, December 28, 2022 SCOPE OF WORK and FEE FOR CIVIL ENGINEERING SERVICES DIVISION/ BROADWAY RESTORATION PROJECT STPUS-NHPP9931 (024) P-02-521 Land Development Consultants, Inc. (LDC) is pleased to submit the following proposal for professional services in conjunction with your Division/ Broadway Restoration project with the city of Arlington. BACKGROUND The city intends to design and rehabilitate the pavement surface along Division Street (West Ave to Broadway St) and Broadway Street (Division St to Burke Ave). The project will also design roundabout truck aprons at the two roundabouts and other pedestrian crossing/traffic calming features along the corridor. This proposal is based upon a request from the client as well as our familiarity with the City of Arlington Design Standards and WSDOT LAG Requirements. Please see the below scope of services for the required services below: • WSDOT/ APWA Specification format will be utilized. • Base Maps will be produced by others and electronically submitted to LDC. • All project deliverables will be produced within six months from notice to proceed. • Traffic Analysis, private utility updates, and arborists evaluations are excluded from this scope of services. • City will provide traffic data, and truck counts to support pavement design. TASK 01- PROJECT COORDINATION AND MEETINGS Project coordination is essential to the success of this project. LDC will coordinate with the city regarding project deliverables, design standards, permitting, and project schedule: • Prepare project management plan (PMP), prior to kickoff meeting • Hold project kickoff meetings & review PMP. • Review City Transmit data: o Topographic Survey (PDF & CAD Files) o IMS Pavement Data o City ADA Measurements • Bi-weekly project coordination phone calls • Miscellaneous phone calls and email coordination • Project meetings upon city request (up to four meetings) • A maximum of four project coordination meetings in person will be held beyond the project kickoff meeting. • LDC strives to respond quickly to all emails and phone calls received from the city. TASK 02 – PAVEMENT ANALYSIS (HWA) The intent of this task is to review existing site conditions and to develop a cost-effective pavement restoration plan. • Review with city, proposed boring locations, one goal is to not trigger traffic control review by WSDOT which would slow approval process. Traffic control is preferably limited to city streets. • Prepare traffic control plans and submit to City for approval • Mark locations of 4 pavement cores in highly distressed areas along Broadway Street & arrange utility locates. • Perform 6-inch diameter pavement cores at 6 locations to assess depth of cracking, existing pavement layer thickness and shallow subgrade support conditions • Prepare photographic logs of pavement cores and assign lab testing. • Perform engineering analyses using traffic data provided by the city • Prepare a memo presenting pavement core logs, figure showing locations of each core, and pavement design/rehabilitation recommendations • Site Walk at time of site coring work • Prepare full depth restoration exhibit. • All costs are estimated and may be increased or decreased within the limits of the total budget at the discretion of HWA’s project manager. • No Street Use Permits/ROW Use fees will be required. • Pavement cores will be patched with Aquaphalt cold patch. • Flaggers will not be required for traffic control. • Minimize full dig out, relationship to road diet. • Possibly thicken pavement at bus stop. TASK 03 – SAFETY & ALTERNATIVES ANALYSIS (TRANSPO) Transpo will identify safety improvements within the project limits, scope and resources and present alternatives to the design team for discussion with the City of Arlington. Potential modifications to Division Street and Broadway Street could include, but is not limited to: • Narrowing of lanes • Extended curbs to narrow lanes, remove roadway width that is not needed and shorten crossings • Realignment of crossings to improve safety, comfort and visibility for pedestrians • Closure of one direction of traffic on some well-connected block streets to provide for reduced crossing distances and improved traffic operations and intersection safety • Physical traffic calming including speed humps and raised crossings • New medians on Broadway Transpo will identify up to two (2) packages of alternatives for safety improvements on Division Street and Broadway Street for review and feedback by the design team and the City of Arlington. Alternatives will be presented along with pros and cons to consider in the selection of a preferred alternative, with or without further modifications. Transpo will make up one (1) round of modifications to the preferred alternative package of safety improvements based on City feedback. Design of modifications will be at a 10% conceptual level and will not include detailed engineering design until the final selection of preferred treatments by the City of Arlington. • Up front Transpo/LDC will present schematic ideas to foster a collaborative dialogue with the City. This can be accomplished at an over the shoulder review meeting. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • Safety improvements will need to be limited in scope to remain within the City’s available funding for the roadway restoration project • The City and Community Transit are in favor of in-lane bus stops on Broadway if other safety treatments can be realized through the change from out-of-lane stops. • Level of effort includes time for one (1) meeting to discuss the alternatives and identify City preferences and requested modifications • Detailed engineering design will be performed by LDC under a separate Task. Transpo will provide, to LDC/City: • A memo documenting the alternatives and identification of a preferred package of safety improvements for Division Street and Broadway Street o The memo will include an appendix with sketches of the form and 10% design details of the preferred alternative treatments TASK 03 – SAFETY & ALTERNATIVES ANALYSIS Transpo will identify safety improvements within the project limits, scope, and resources and present alternatives to the design team for discussion with the City of Arlington. Potential modifications to Division Street and Broadway Street could include, but is not limited to: • Narrowing of lanes • Extend curbs to narrow lanes, remove roadway width that is not needed and shorten crossings • Realignment of crossings to improve safety, comfort, and visibility for pedestrians • Closure of one direction of traffic on some well-connected block streets to provide reduced crossing distances and improved traffic operations and intersection safety • Physical traffic calming including speed humps and raised crossings • New medians on Broadway Transpo will identify up to two (2) packages of alternatives for safety improvements on Division Street and Broadway Street for review and feedback by the design team and the City of Arlington. Alternatives will be presented along with pros and cons to consider in the selection of a preferred alternative, with or without further modifications. Transpo will make up one (1) round of modifications to the preferred alternative package of safety improvements based on City feedback. Design of modifications will be at a 10% conceptual level and will not include detailed engineering design until the final selection of preferred treatments by the City of Arlington. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • Safety improvements will need to be limited in scope to remain within the City’s available funding for the roadway restoration project. • The City and Community Transit are in favor of in-lane bus stops on Broadway if other safety treatments can be realized through the change from out-of-lane stops. • Level of effort includes time for one (1) meeting to discuss the alternatives and identify City preferences and requested modifications. • Detailed engineering design will be performed by LDC under a separate Task. Transpo will provide, to LDC: • A memo documenting the alternatives and identification of a preferred package of safety improvements for Division Street and Broadway Street. o The memo will include an appendix with sketches of the form and 10% design details of the preferred alternatives treatments. TASK 04 – 30% DESIGN The intent of this Task is to develop 30% plans and opinion of costs. Contract Specifications will be produced at the 90% design phase. • Prepare 30% Design Plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Paving & Channelization Plans (4 plan sheets) o Roundabout Restoration Plan (2 Plan Sheets) o ADA Ramp Detail Grading (4 Plan Sheets) o Details (1 Plan Sheet- Typical Pavement Restoration Details) o Detour Route Plan (1 Plan Sheet) • Prepare 30% Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • 16 ADA Ramp replacements will be identified but not fully designed until 90% design phase. • A maximum of 18 – 11” x 17” (Electronic PDF) plans sheets will be delivered for 30% design package. • City review comments will be incorporated into the 90% design plan set. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 05 – 90% DESIGN The intent of this task is to develop 90% plans, specifications, and opinion of costs. • Prepare 90% plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Erosion Control and Site Preparation Details (1 plan sheet) o Paving and Channelization Plans (4 plan sheets) o Roundabout Restoration Plans (2 plan sheets) o ADA Ramp Detail Grading (4 plan sheets) o Details (2 plan sheets) o Planting Plan (2 plan sheets) o Detour Route Plan (1 plan sheet) o Traffic Control Plans (2 plan sheets) • Prepare 90% Specifications • Prepare 90% Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • Roundabout restoration plan will be 1” =20’ at half size. • A maximum of 24 – 11” x 17” (Electronic PDF) plan. • Sheets will be delivered for 90% design package. • Formal ROW plans will not be prepared. ROW lines provided by project surveyor will be added to the plan set. • City review comments will be incorporated into the IFB plan set. • Design a maximum of 16 ADA Ramps. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 06 – FINAL DESIGN (IFB) The intent of this task is to develop Final Design plans, specifications, and opinion of costs. • Prepare Final Design plan set o Cover Plan Sheet (1 plan sheet) o City General Construction Notes (1 plan sheet) o Erosion Control and Site Preparation Plans (4 plan sheets) o Erosion Control and Site Preparation Details (1 plan sheet) o Paving and Channelization Plans (4 plan sheets) o Roundabout Restoration Plans (2 plan sheets) o ADA Ramp Detail Grading (4 plan sheets) o Details (2 plan sheets) o Planting Plan (2 plan sheets) o Detour Route Plan (1 plan sheet) o Traffic Control Plans (2 plan sheets) • Prepare Final Design Specifications • Prepare Final Design Opinion of Costs • Typical plan sheet layout will be 1” =40’ at half size. • Roundabout restoration plan will be 1” =20’ at half size. • A maximum of 24 – 11” x 17” (Electronic PDF) plan. • Sheets will be delivered for 90% design package. • Formal ROW plans will not be prepared. ROW lines provided by project surveyor will be added to the plan set. • City review comments will be incorporated into the IFB plan set. • Design a maximum of 16 ADA Ramps. • RRFB and other pedestrian crossing treatment will be designed and shown on the paving plans. • Other related traffic calming improvements will be shown on the paving plans. • Roundabout truck cement concrete truck apron will be shown on the roundabout restoration plan along with modifications to splinter islands and pedestrian crossings. TASK 07 – ILLUMINATION ANALYSIS Transpo will perform a rudimentary illumination analysis for pedestrian crossing locations along approximately four city blocks. The anticipated to be completed using Agi32 software based on the provided topographic survey and existing pole locations. The purpose of the illumination analysis is to identify key areas for safety improvements by the City in general terms. The study is limited to pedestrian crosswalks since that is where the most interface is anticipated among all modes of transportation. • Transpo is entitled to rely upon the completeness and accuracy of information and services furnished by LDC and the City. • The illumination analysis will need to be limited in scope to remain withing the City’s available funding for the roadway restoration project. • No meetings are assumed as part of this task. • No detailed design or construction plans are included in this task. • One (1) submittal is included in the anticipated fee. Transpo will provide, to LDC: • A brief memo documenting the existing illumination at each of the crosswalk locations and general guidance on potential improvements. TASK 08 – RRFB DESIGN LDC will design up to two RRFB crossings • RRFB’s to be solar powered. • Design will be part of the 90% and IFB plan set. TASK 09 – PUBLIC OUTREACH Public outreach will be minimal • Attend up to one public meeting • Prepare up to 10 city council power point presentation slides • One on one stakeholder meetings are excluded TASK 10 – NEPA DOCUMENTATION & LOCAL PERMITTING Permit requirements for this project are limited. The following work elements will be prepared. • Preparation of NEPA documentation • EO21-02 EZ/Project Review Form (as needed) • WSDOT permitting if any will be produced by the city. • Local permitting will not be required and is not included in this scope. • A maximum effort of 20 hours will be exhausted to produce project NEPA documentation. SERVICES EXCLUDED: • Survey • ROW Plans & ROW Acquisition • Illumination Design • Construction Management & Inspection Services • Construction Engineering Support • Material Testing • Stormwater Quality & Detention Design • Traffic Analysis • ADA Ramp Measurements • Formal Landscape Architecture • Arborist Services • Advertisement Reproduction Costs • One-on-one Stakeholder Meetings All filling, checking, and inspection fees required by the agencies, utilities, etc. are not part of this agreement and are paid by the owner. This proposal is based upon the written design standards, ordinances of the jurisdiction that governs the site and our understanding of the WSDOT LAG manual that are in effect at the date of this letter. We are available immediately to commence the proposed scope of services upon receipt of a signed copy of this contract. Please feel free to contact the undersigned with any questions or comments. Sincerely, LDC, Inc. Darrell Smith, PE Director of Civil Engineering Client Name: City of Arlington Date: 12-29-2022 Task Code Principal / Director Hours Project Manager/Sr. Planner Hours E.I.T. Hours E.I.T. Hours Planner Hours Planner Hours Senior Designer Hours Senior CAD Tech Hours Director of Land Surveying Hours Vice President Project Administrator Darrell Smith Tom Abbott Ryan Ferguson Nate Martin Ian Faulds Joel Farias Brian Nelson Jeff Grossman Vince Townsend Mark Villwock Riley Mckee $102.80 $56.80 $35.60 $34.64 $45.20 $27.52 $43.32 $40.00 $67.68 $96.16 $25.36 LDC Consulting Cost: Subconsultant(s): Misc Reimbursable Expenses: TOTAL ESTIMATED COST 69,779.54$ Task 1.0 Project Management 4.0 30% Design Over Head (142.99%) Name Costs 5.0 90% Design 6.0 Final Design (IFB) 2.0 Pavement Analysis 3.0 Safety & Alternatives Analysis 8.0 RRFB Design 9.0 Public Outreach Fee (30%)Total $26,341.50 $5,526.58 $50,290.00$18,421.92 EXHIBIT B: Proposed Budget / Fee City of Arlington Council Agenda Bill Item: NB #5 Attachment G Wellfield, installation of associated infrastructure to bring new wells online, abandoning an existing well, and demolition of an existing wellhohydrogeological study, as well as changes to the wellhouse design. Consultant is seeking additional funds to cover the out of scope work. Initial Contract Amount $ 149,700.00 BrownAND • Caldwell 701 Pike Street, Suite 1300 Seattle, WA 98101-2310 T: 206.624.0100 Scope of Work Haller Wellfield Improvement Project Amendment 01 City of Arlington December 6, 2022 Amendment Overview Amendment 01 adds the following phases to the existing contract: •Phase 800: Upgrade Existing Pumps •Phase 801: Wellhouse Structures Revisit •Phase 802: Individual Wellhouse Structures Preliminary Design •Phase 803: Additional Project Management Phase 800: Upgrade Existing Pumps During preliminary wellfield design under the existing contract, the City asked BC to estimate performance of the existing wellfield pumps assuming those pumps were driven by variable frequency drives (VFDs). This directive was for out of scope work. This effort had been estimated at $5-10k on 8/15/22. Activities: •Coordination with vendors of existing pumps and motors •Hydraulic modeling for various wellfield operation scenarios •Electrical room layout considering additional VFDs •Coordination with existing MCC vendor to investigate VFDs and MCC capacity •Revising Project Engineering Report with new direction to upgrade existing pumps with VFDs Assumptions: •Existing pumps can be operated with VFDs without replacement of existing motors •VFD specifications will be provided as part of the detailed design Deliverables: No deliverables specific to this phase. This work supplements deliverables under Phase 300. Effort was incorporated into Project Engineering Report. I Brown ANO Caldwell I Arlington Haller Amendment 01 v3 1 EXHIBIT A EXHIBIT A EXHIBIT A | 4 Arlington Haller Amendment 01 v3 Schedule EXHIBIT A EXHIBIT A City of Arlington Council Agenda Bill Item: NB #6 Attachment H progressed, additional work/updates to the base map and design were needed due to changes made by Gayteway in their frontage improvement plans. Additional work is also needed in order to have final design updates incorporated into ready to bid documents for advertisement in 2024 (LAG updates, design standards, etc.). This work is being deferred to when we are closer to advertising the project in order to capture all current WSDOT requirements. Initial Contract Amount $ 39,404.19 Supplement #1 $ 64,878.00 1 74TH AVENUE TRAIL (P02.417), STPUS-2695(001) SUPPLEMENT #2 The Toole Design team (CONSULTANT) will perform the following amended scope of work as part of the City of Arlington’s (CITY) 74th Ave Trail project (PROJECT). Purpose of the Amendment Various elements of the PROJECT have been modified or have transpired in a manner that was not anticipated by the original project scope of work. This amendment identifies these elements and the level of effort needed to complete the issue for bid contract plans. Task 1: Project Management Additional work resulting from changes in the project schedule The PROJECT schedule has been extended by approximately 18 months, with a revised advertisement date assumed to be in late 2023. This change in schedule results in additional project management work, including: • Additional coordination phone calls with CITY Project Manager • Additional progress reports and invoices • Additional management of CONSULTANT team Task 5: 90% and 100%/Bid Set Submittals Additional work resulting from changes to the PROJECT basemap The PROJECT basemap, supplied by the CITY, needed to be revised throughout the design process to meet the project submittal dates, the CONSULTANT team advanced the design to a point where these basemap revisions required additional work. The additional work includes: • Basemap survey updates to provide information on the frontage improvements at the Gayteway Development required revising the trail grading more than anticipated. The site was not developed as shown on the approved plan. The slope was steeper and the pedestrian walkway was shifted south causing trail rework to match in to the new pedestrian crossing location. • Basemap updates to provide parcel lines required revising the right-of-way plans more than anticipated. Additional work related to design details The CONSULTANT team understands that the CITY may desire additional changes to fencing and paving details in the vicinity of the wayside plaza area (at Prairie Creek); changes to these details will require additional work to resolve due to the late stage of design. Additionally, the trail and buffer section adjacent to the Gayteway Development may be modified to avoid private property impacts. Additional work related to the bid set submittal WSDOT comments on the project manual were received with the 100% Submittal comments; however, with the change in schedule, the CITY PM requested that addressing these comments be deferred until a time closer to the new advertisement date as the WSDOT Standard Specifications and General Special Provisions (GSPs) are likely to change. We agree with this approach, but it will result in additional work and likely coordination with WSDOT Local Programs to ensure the project manual is in line with the current Standard Specifications, GSPs, and federal funding requirements at the time of advertisement. 74th Ave Trail - Amendment City of Arlington Toole Design Group Project No. 70167 Hourly Subtotals Fee Subtotals November 8, 2022 Toole Design NV5 Hours and Budget Estimate 16,859.64$ 1,824.32$ 18,683.96$ Labor Hours Total 86 14 100 Work Element Description Task 1 - PM and Coordination Task 1 Totals 18 0 18 3,863.54$ Task 5 - 90% and 100%/Bid Set Submittals 5.2: 100%/Bid Submittal Task 5 Totals 68 14 82 14,820.42$ Task 1-6 Subtotal (Hours)86 14 100 Task 1-6 Subtotal (Fee)16,859.64$ 1,824.32$ 18,683.96$ Direct Expenses Travel and Per Diem -$ -$ Reproduction Expenses -$ -$ Other -$ -$ Total -$ -$ -$ Total 18,683.96$