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503 S Valley St - Building
Post on the premises in a conspicuous place. dtCU PANCY C E RTI FIAT Cit of :Poet Angeles''- Bui:ldin9 ision This certificate is issue O ursuant to the requirements of Section ll'0 of the 2V6 Building Code certifying that at the4ime:of issuance this structure was in compliance with the various ordinances of the City regulatin or.-:use for the following Business name ayes'Testing rEngineers 'Inc. Business address 50 ''S'. •Val `St:l Owner of business 7M aye`s Testing Engine rs; e I,i Owner s addres 20 2_:25 Cedar VaI k' `R n Via, a Automatic fire spr Not regiaire& Use occupancy classif c ation. Business. Building perm nu 07- 107 Type of construction y ,VB Occupant load. I?,e fll& nweod J A 98036 vkl, 12/12/07 anager Date t be removed except by the Building Official. C Cki 1 2 --V lo re` -u rn€ J me A so m oo the- C e 0 .e o w hex s cad,rE o r\ 1z -2.s -61 PREPARED 12/12/07 9 07 55 INSPECTION TICKET PAGE 6 CITY OF PORT ANGELES INSPECTOR JAMES LIERLY DATE 12/12/07 ADDRESS 503 S VALLEY ST SUBDIV TENANT NBR STEPHEN BLANEY CONTRACTOR PHONE OWNER CITY OF PORT ANGELES PHONE PARCEL 06 30 00 0 0 9330 0000 APPL NUMBER 07- 00001037 CO- CHANGE OF OCCP /USE PERMIT CO 00 CHANGE OF OCCUP /USE REQUESTED INSP DESCRIPTION TYP /SQ COMPLETED RESULT RESULTS /COMMENTS C099 01 12/12/07 BLDG C/O FINAL OVERRIDE TAKEN BY LPANGRLE DATE 12/11/07 TIME 16 56 34 December 11 2007 4 54 14 PM 1pangrle STEPHEN 253 223 7640 C OF 0 MAYES TESTING ENGINEERS CALL FIRST COMMENTS AND NOTES c PA ayes Jes Evi.CjI fe s Sn c ROUTING SLIP Certificate of Occupancy $50 00 Certificate /Inspection Fee DATE (3 /7 7 Address of Proposed Business 'pp is nt'r ('rletAje5 Test -i�2 Er,u 11e 1'� �f 1 G Address 2_6 22_6' Ce-610.4- LV n do cs-c ri W A- `l s o i h Phone. business home :2-53 2 3 104n Brief description of proposed business re rir. t 4 cr- Saf S (^7 r4-77 t A N C 1 b' Legal Description Lot Current Use of Property Zoning Classification of Property WILL THERE BE ANY OF THE FOLLOWING? Construction changes Electrical changes 4:r Z,act Mechanical (heating, cooling, stoves) E4L m! Plumbing changes New or relocated signs New septic tanks New sewer service Admission charged to patrons Is this a home occupation? Excavation of filling of lots Work done in City right -of -way Is there sufficient off street parking? New driveway openings A grading plan for site drainage (parking lots, downspouts, etc.) Are the existing streets paved? Are there existing sidewalks? Is there curb and gutter? Other APPROVED REJECTED j),-- I z-o 3U) YES ye. Block I hereby apply for a Certificate of Occupancy and acknowl- edge that I have read this application and state that the information I have supplied is correct to the best of my knowledge Building Section Public Works Department Planning Department Fire Department City Clerk PB I.A. New Business Transfer of Business Location Change of Ownership New Building Remodel Temporary Business Change of Use i.I.S7K Vt_Trd /u' �rtn �4 rr�u rkc t C iz,er /7/ 7 C2 5t hen Comments Conditions Date Signed 1-fT1 ="7TS THE FOLLOWING PERMITS 1) Building 2) Plumbing 3) Electrical 4) Mechanical 5) Sewer 6) Sidewalk installation 7) Driveway installation 8) Curb installation 9) Sidewalk obstruction 10) Water meter installation 11) Fire 12) Occupancy 13) Sign 14) Shoreline 15) Home occupation 16) Conditional use 17) Other I teS Subdivision When you are almost ready to open your business, please call for Certificate of Occupancy inspections: Call 417 -4815 for a Building Dept. Inspect. Call 417 -4653 for a Fire Dept. Inspection Please provide a minimum 24 hour notice 07 -1 WILL BE REQUIRED BUSINESS LICENSE 1) Taxi 2) Peddlers 3) 2nd Hand Dealer 4) Pawn Broker 5) Dance 6) Hotel Motel 7) Fireworks 8) Ambulance 9) Tattoo shop 10) Other P&heV E� cw0w Ir-tisly15 eke-ys From City of PR iv trove, i h ASR P pORTq 3 Application Number Pin number Property Address ASSESSOR PARCEL NUMBER Application description Subdivision Name Property Use Property Zoning Application valuation Owner RALSTON M JOHN /GAIL P 0 BOX 1405 PORT ANGELES (360) 452 8415 Structure Information Construction Type Occupancy Type Other struct info Permit Additional desc Permit Fee Issue Date Expiration Date Qty Unit Charge Per Permit Additional desc Permit Fee Issue Date Expiration Date 21 00 Other Fees Permit Fee Total Plan Check Total Other Fee Total Grand Total Qty Unit Charge Per Fee summary Charged TNG\FORMS \1102.15 [11/14/2003] CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION 321 EAST 5TH STREET PORT ANGELES, WA 98362 3227 WA 98362 580 12 251 39 4 50 836 01 03 00000699 503 S VALLEY ST 06 30 00 0 0 9330 0000 COMM NEW CONST INDUSTRIAL LIGHT 22752 Contractor OWNER 720 SF POLE BUILDING TYPE V NON RATED GARAGES CARPORTS SHEDS TOTAL t LOT COVERAGE CONSTRUCTION TYPE HARD SURFACE AREA NUMBER OF STORIES EXISTING LOT COVERAGE LOT SIZE PROPOSED LOT COVERAGE TOTAL LOT COVERAGE NUMBER OF UNITS BASE FEE BUILDING PERMIT COMMERCIAL BASE FEE 14 0000 THOU BL -2001 25K (14 PER K) STATE SURCHARGE Paid Credited 580 12 251 39 4 50 836 01 00 00 00 00 BUILDING PERMIT COMMERCIAL RENEW PERMIT 11/17/04 193 37 Plan Check Fee 11/17/04 Valuation 5/17/05 386 75 Plan Check Fee 7/22/03 Valuation 1/19/04 Date 11/17/04 34 00 V N 1 00 1672 00 7000 00 720 00 2392 00 1 00 00 22752 Extension 193 37 251 39 22752 Extension 92 75 294 00 4 50 Due 00 00 00 00 Separate Permits are required for electrical work, SEPA, Shoreline, ESA, utilities, private and public improvements. This permit becomes null and void if work or construction authorized is not commenced within 180 days, if construction or work is suspended or abandoned for a period of 180 days after the work as commenced, or if required inspections have not been requested within 180 days from the last inspection. I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume give authority to iol e r cancel the provisions of any state or local law regulating construction or the performance of con ignatu a (f Contractor or Authorized Agent Date Signature of Owner (if owner is builder) Date PLEASE PROVIDE A MINIMUM 24 HOUR NOTICE. IT IS UNLAWFUL TO COVER, INSULATE OR CONCEAL ANY WORK BEFORE INSPECTED AND ACCEPTED. POST PERMIT IN A CONSPICUOUS LOCATION KEEP PERMIT CARD AND APPROVED PLANS AT JOB SITE. INSPECTION TYPE DATE ACCEPTED COMMENTS YES I NO CALL 417 4815 FOR BUILDING INSPECTIONS. CALL 417 4735 FOR ELECTRICAL INSPECTIONS. FOUNDATION: FOOTINGS I I WALLS I FOUNDATION DRAINAGE/DOWN SPOUTS I I ELECTRICAL (LIGHT DEPT) SEPARATE PERMIT ROUGH -IN I I PLUMBING UNDER FLOOR SLAB I I I ROUGH -IN I I I WATER LINE (METER TO BLDG) I I I GAS LINE I I I BACK FLOW WATER I I I AIR SEAL WALLS I I I CEILING I I FRAMING JOISTS GIRDERS I I I SHEAR WALL/HOLD DOWNS I I I WALLS ROOF CEILING I I DRYWALL (INTERIOR BRACED PANEL ONLY) I I ite T -BAR I I I INSULATION SLAB I I I WALL FLOOR CEILING I I MECHANICAL HEAT PUMP I I I GAS LINE I I I WOOD STOVE PELLET CHIMNEY I I I HOOD DUCTS I I I PW UTILITIES SITE WORK (Engineering Division) SEPARATE PERMIT #'s: WATERLINE METER I I I SEWER CONNECTION I I I SANITARY I I I STORM I I I PLANNING DEPT SEPARATE PERMIT #'s SEPA. PARKING/LIGHTING I I I ESA. LANDSCAPING I I I SHORELINE. FINAL INSPECTIONS REQUIRED PRIOR TO OCCUPANCY /USE RESIDENTIAL DATE YES NO COMMERCIAL DATE ACCEPTED YES I NO ELECTRICAL LIGHT DEPT CONSTRUCTION ILW PW/ ENGINEERING 417 -4807 FIRE 417 -4653 PLANNING DEPT 417 -4750 BUILDING 417 -4815 f•\PLANNING\FORMS \1102.15 [11/14/2003) BUILDING PERMIT INSPECTION RECORD 417 -4735 ELECTRICAL LIGHT DEPT CONSTRUCTION ILW PW ENGINEERING I FIRE DEPT I PLANNING DEPT I BUILDING I I I I I I I I I CITY OF PORT ANGELES DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION 321 EAST 5TH STREET PORT ANGELES, WA 98362 Application Number 03 00000699 Date 7/22/03 Property Address 503 S VALLEY ST ASSESSOR PARCEL NUMBER 06 30 00 0 0 9330 0000 Application description COMM NEW CONST Subdivision Name Property Zoning Application valuation 22752 Owner Contractor RALSTON M JOHN /GAIL OWNER P 0 pox 1405 PORT ANGELES WA 98362 (360) 452 8415 Structure Information 720 SF POLE BUILDING Construction Type TYPE V NON RATED Occupancy Type GARAGES CARPORTS SHEDS Other struct info NUMBER OF UNITS 1 00 Permit BUILDING PERMIT COMMERCIAL Additional desc Permit Fee 386 75 Plan Check Fee 251 39 Issue Date 7/22/03 Valuation 22752 Expiration Date 1/19/04 Qty Unit Charge Per BASE FEE 21 00 14 0000 THOU BL -2001 25K (14 PER K) Other Fees STATE SURCHARGE Fee summary Charged Paid Credited Permit Fee Total Plan Check Total Other Fee Total Grand Total 386 75 386 75 00 00 251 39 251 39 00 00 4 50 4 50 00 00 642 64 642 64 00 00 Signature of Contractor or Authorized Agent Date T \PLANNING \FORMS \1102.15 [4/2002] Due Extension 92 75 294 00 4 50 Separate Permits are required for electrical work, SEPA, Shoreline, ESA, utilities, private and public improvements. This permit becomes null and void if work or construction authorized is not commenced within 180 days if construction or work is suspended or abandoned for a period of 180 days after the work as commenced, or if required inspections have not been requested within 180 days from the last inspection I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any state or w regulating constr tion or the performance of construction. /Signature Owner (i owner is builder) Date CALL 417 -4815 FOR BUILDING INSPECTIONS. PLEASE PROVIDE A MINIMUM 24 HOUR NOTICE. IT IS UNLAWFUL TO COVER, INSULATE OR CONCEAL ANY WORK BEFORE INSPECTED AND ACCEPTED. POST PERMIT IN A CONSPICUOUS LOCATION KEEP PERMIT CARD AND APPROVED PLANS AT JOB SITE INSPECTION TYPE DATE ACCEPTED COMMENTS FOUNDATION: ,w' FOOTINGS WALLS FOUNDATION DRAINAGE ELECTRICAL (LIGHT DEPT) SEPARATE PERMIT ROUGH -IN PLUMBING UNDERFLOOR /SLAB ROUGH -IN WATER LINE GAS LINE BACK FLOW WATER AIR SEAL WALLS CEILING FRAMING JOISTS GIRDERS SHEAR WALL WALLS ROOF CEILING DRYWALL T -BAR INSULATION SLAB WALL FLOOR CEILING MECHANICAL HEAT PUMP WOOD STOVE PELLET CHIMNEY HOOD /DUCTS PW UTILITIES SITE WORK (Engineering Division) SEPARATE PERMIT #'s: WATERLINE METER SEWER CONNECTION SANITARY STORM PLANNING DEPT SEPARATE PERMIT #'s SEPA. PARKING /LIGHTING ESA. LANDSCAPING SHORELINE. FINAL INSPECTIONS REQUIRED PRIOR TO OCCUPANCY /USE RESIDENTIAL DATE YES NO COMMERCIAL DATE ACCEPTED YES I NO ELECTRICAL LIGHT DEPT CONSTRUCTION R.W PW/ ENGINEERING 417 -4807 FIRE 417 -4653 PLANNING DEPT 417 -4750 BUILDING 417 -4815 T \PLANNING \FORMS \1102.15 [4/2002] BUILDING PERMIT INSPECTION RECORD 417 -4735 ELECTRICAL LIGHT DEPT YES NO CONSTRUCTION R.W PW ENGINEERING I FIRE DEPT I PLANNING DEPT I BUILDING I I I I I I I I I LEGAL DESCRIPTION Lot: 1 19 Block: 9 3 CLALLAM COUNTY PARCEL NUMBER. O 63 a a o Applicant or Agent: G et P V Owner )D l/ v/rM/1 U 15 7' Address: To 1SY /9O5 City. Fill out COMPLETELY and in INK. Your application and site plan MUST COMPLETE to be accepted for review If you have any questions, cal (360) 417 -4815 Architect/Engineer --ems e Contractor Address: PROJECT ADDRESS 5 C.. 1/a /ev Credit Card Holder Name: Billing Address: Credit CardType VISA MC TYPE OF WORK. 0. Residential New Constr Re -roof Multi- family Addition Move Ciu er`cial P Remodel Demolition Repair P Sign BRIEF DESCRIPTION OF THE PROJECT io.r d Ay ct c° PLANNING USE ONLY State License City ee� COMMERCIAL/RESIDENTIAL. Occupancy Group: BUILDING PERMIT APPLICATION City. ESA/Wetland(s): Yes No SEPA Checklist required? Yes No Other SIZE/VALUATION Stove 7 0 SF 3 60 /SF P Garage SF /SF Deck SF /SF N Other loJP kola TOTAL VALUATION Pe,/ 0.. S 4 4 f f'SLa ifct, a to kii r c, v 3. •eSS Occupant Load. Construction Type. FOR OFFICIAL USE ONLY Date Rec. Permit Date Approved: Date Issued: Exp. Date: Phone: x/-3 2 0 9 0 Phone H 8 Zip Phone- /.'i`2 z09 g Exp Phone Zip ZONING L)9 b t Subdivision. 7 47 D O T3 30 aeoe No of Stories: Lot Size: 7 lJ D O Existing Sq Ft. 16 7 Z Proposed Sq. Ft. 770 TOTAL Sq.Ft. 2 3 9 Z Existing lot coverage 7_ Proposed lot coverage /D Total lot coverage 3 APPROVALS. PLAN BLDG DPWU FIRE OTHER. BUILDING PERMIT APPLICATION SUBMITTAL. The Building Division can provide you with information on the application and plan submittal requirements if you have questions. VALUATION OF CONSTRUCTION In all cases, a valuation amount must be entered by the applicant. This figure will be reviewed and may be revised by the Building Division to comply with current fee schedules. Contact the Permit Coordinator at 417 -4815 for assistance. PLAN CHECK FEE IF a plan check fee is due it must be submitted at the time the building permit application and construction plans are submitted. All other permit fees are due at the time of permit issuance. EXPIRATION OF PLAN REVIEW If no permit is issued within 180 days of the date of application, the application will expire. The Building Official can extend the time for action bythe applicant up to 180 days upon written request by the applicant (see Section 107 4 of the Uniform Building Code, current edition). No application can be extended more than once. 1 hereby certify that I have read and examined this application and know the same to be true and correct. I am authorized to apply for this permit and understand that it is my responsibility to determine what permits are required ,not the City's, and that t must obtain such permits prior r to work. T •\FORMS\APPS\Buildingpermit.wpd Applicant: Date J r2 1 y U 3 1 F I X31 3 0 .rte 4 CITY OF PORT ANGELES Construction Plans The Issuance of this permit based upon these plans, specifi- cations and other data shall not prever: the building official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder whe violation of all codes and ordinances of this j i tion. (SECTION 303(c) U iiform uilding Code.) Approval Date 1 By /1/ TR /BR Zoning: Light Industrial Lots 10 11 Public Bldg Parks Lots 9 12 13 (Landslide Hazard) Setbacks 25 Ft front 2 Ft back 15 Ft side 25 Ft hazard slope FILE 77,f( rcO EXPIRES. x/17/2004 Revisions: nJ co o 3 C U1 C5 0 I L -N d" C Ca (I) C n, -F-' S-' L d a, c Scale 1' =50' Job: 02e079SP Date Juty, 2003 Sheet of 5J i ts North on EVev,a-t\on,„ Sou East EVe j 1 3 1 O i L v C CS cc N -1' Cv s o o `S 1 M =g 0 0 20 7 9p1 a Date 2003 Jam She et S SI©N M. I 2_ r EXPIRES. Concrete Apron 12' 12' Pounolatton Plan 12' Concrete Apron CO M 6x6 PT Post (I M 18' Diari. footing pp 4 deep, fitted p� 2000 PSI Conc. 4 punch pad o (Typical 12) U Q L a n (LYE Q� N. CJ) c 3 Vw r e (10 O 3 of5 EXPIRES. '3/17/2004 Revisions. d CU ..o (Y) co CT 3 O od L� 0_ Od C U Scale. 1 =4' Job: 02079Plan Date. Jun ,2003 Sheet 12' 2x12 DF #2 Rake Beams (typ 6 each side) 9'x8' Garage Door 9'x8' Garage Door Floor Plan i 12' 2x6 DF #2 16 oc 2x4 HF #2 @24 oc w /5/8 GWB both sides Fire stop 9 Ft. Walls PT plate to floor 2x8 Door Wrap (Typical 3) 12' 9'x8' Garage Door Post from door wrap tp Rake beam for Garage door opener (Typical 3) >le Revisions: 0 o, 1-- C O d C O C a, U (U CO GD On Scale' 1"=4' Job: 02079P1an Date- Jun ,2003 Sheet Tvt a 3 4 EXPIRES. 3/17/2004 of 5 Building Section 16. 4! 12 4' Concrete Stab Over 6 mill VB 26 Ga Metal Roofing o /R5 insulation 0/2x6 DF #2 16 oc w /LU26 hangers 2x12 DF #2 Rafters 10' span w /(2) 1/2° Botts to 6x6 PT Posts 12 Ft. o.c. 26 Ga Metal Siding 2x6 Wall girts 30' o.c. w/ central 'L stiffener Bottom girt PT 6x6 PT post w/6 punch pad In/ 18in. Diam. footing 4 Ft. deep Min. (Typical 12) Revisions: Ptancheck6 /03 (1) O w o v,co CO C O\ -P O QJ C E l x Q 3 3 d O 3 AM a, c r U Scale. 1 Job: 03016SP Date May ,2003 Sheet 5 c TA- sf I EXPIRES 3/17/2004 of 5/ LEGAL DEPARTMENT William E. I3loor City Attomcy [4531] Dennis Dickson Sr. Assistant City Attorney [4532] Candace Kathol Legal Assistant [4536] Diana Lusby Legal Administrative Assistant [4530] Jeanie DeFrang Legal Administrative Assistant [4530] RandiFelton Legal Records Specialist ~ORTANGELES WAS H I N G TON, U. S. A. TO: Glenn Cutler, Director of Public Works & Utilities FROM: Dennis C. Dickson, Sr. Assistant City Attorney DATE: April 5, 2006 RE: Purchase of Valle v Street Propertv from Ralstons Glenn: Attached please find a copy of correspondence from Advantage Escrow confirming closing of the purchase of the Valley street property from the Ralstons together with the final HUD-l Settlement Statement, a copy of the Statutory Warranty Deeds which have now been recorded with Clallam County, a copy of the check documentation bearing the received endorsement from Advantage Escrow, together with a copy of my March 29, 2006 check request to Finance. It is my understanding that you will correspond directly with the Department of Ecology to confirm the closing of these properties for the Valley Creek Restoration Project. The original deeds will be forwarded from the County directly to City Clerk Becky Upton for safe keeping. The final policy of title insurance should be forwarded to my attention by the title company within the next few weeks. If you have any further questions or need additional information please don't hesitate to contact me. Respectfully, Dll14I,,""" Sr. Assistant City Attorney DCDlrf Attachments cc: Mark Madsen, City Manager (w/o attachments) William E. Bloor, City Attorney (w/o attachments) G:\LEGt\L\MEMOS.2006\Culler.Vallc)'SICCeIProperty.040S06.wpd \.S\ Q ~ \J" c:::::... ~ORTANGELES ~~( ~~;z,,(P,,4,1 /, '2-. WAS H I N G TON, U. S. A. PUBLIC WORKS & UTILITIES DEPARTMENT auvQ3 April 27, 2006 Dale Johnson Program Manager Spill Prevention, Preparedness & Response Program Washington State Department of Ecology PO Box 47775 Olympia, W A 98504-7775 Subject: Use of Remaining Funds Provided Under the Memorandum of Agreement (MOA) Between Alaska Tanker Company (A TC) and the City of Port Angeles in Compliance with the PCHB Order Issued in Case No. 02-057 /- Dear Mr. Johnson: Per your letter of February 13, 2006 concerning use of the subject funds, I am pleased to inform you that the City of Port Angeles (City) has purchased the Ralston property (Lots 9 through 13, Block 93, Township of Port Angeles). Advantage Escrow of Port Angeles, W A handled the closing of the Ralston property and has advised, per their letter dated March 31, 2006, that the transaction is complete. All remaining funds held by the City associated with the subject agreement have been utilized toward the purchase price. If you have any questions, please contact me by phone at 360-417- 4800 or e-mail atgcutlerla!citvofpa.us. Sincerely, ~le~ Dirp:rJnrnfPnhl;ro UTrorvc ~nr1 TTtilit-i"H" { bcc: Mark Madsen, City Manager William E. Bloor, Ci~y Gary Kenworthy, CltJ1=~:~f ~ ~ U\ ~ OMS NO. 2502-0265 -0 A. B. TYPE OF LOAN: U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT 1.DFHA 2.DFmHA 3.I!JCONV. UN INS. 4.oVA 5.0CONV. INS. 6 FILE NUMBER: 17. LOAN NUMBER: SETTLEMENT STATEMENT 1265 8. MORTGAGE INS CASE NUMBER: C. NOTE: This form is furnished fa give you a Sfafement of actual settlement cosls. Amounts paid 10 and by the setflement agent are .shown lIems marked "[POCr were paid outside fhe closing; they are shown here for informationai purposes and are not included In the totals. 1,03195 ('26sPFo"255J23) D. NAME AND ADDRESS OF BUYER: E. NAME AND ADDRESS OF SELLER: F, NAME AND ADDRESS OF LENDER: City of Port Angeles John M. Ralston, Gail T. Ralston ,amunicipalcorporalion Erika E,J. Ralston PO Box 1150 J_GrahamRalston PortAngeles,WA 98362 PO Box 898 " Port Angeles, WA 98362 G_ PROPERTY LOCATiON: H. SETTLEMENT AGENT: 27-0126397 I. SETTLEMENT DATE: Lois 9 through 13, Blk93 TPA Advantage Escrow Company Port Angeies, WA 98362 March 31, 2006 Clallam County, Washinglon PLACE OF SETTLEMENT 802 East Firsl St., Suite 1 FINAL PortAngeles,WA 98362 . J. SUMMARY OF BUYER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTiON 100. GROSS AMOUNT DUE FROM BUYER; 400. GROSS AMOUNT DUE TO SELLER: 101- Contract Sales Price 87,500_00 401. Contract Sales Price 87,500,00 102_ Personal Property 402. Personal Pro e I 103 Settlement Char es to Bu er (Line 1400) 304.75 403. 104 404. 105 405. Ad'ustments For Items Paid B Sellerinadvanca Ad'ustmenfs For Items Paid By Seller in advance 106 Ci fTownTaxes 10 406. Cit fTownTaxes to 107. Count Taxes 10 407. Count Taxes to 108. Coun Taxes to 408. Count Taxes to 109. 409. 110 410. 111 411. 112. 412 120. GROSS AMOUNT DUE FROM BUYER I 87,804.75 420. GROSS AMOUNT DUE TO SELLER 87,500.00 200. AMOUNTS PAID BY OR IN BEHALF OF BUYER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201 Deposit or earnest mone 501 Excess Deposit See Instructions 202. Princi al Amount of New Loan(s) I 502 SeltlemenlCharqesto Seller Line 1400 2,374_75 203 Existinq!oan(S}laken subieclto 503. Existing loan(s) taken sUb-ectlo 204. closin funds I 87,804.75 504 Payoff Firsl Mortgage 205_ 505 Pa off Second Mort a e I 206 506. 207. 507. 208 508 209 509. Ad-usfmenfs For /ferns Un aid.f3ySeller Ad'ustments For Items Un aid B Saller 210_ CityfTownTaxes to 510 CilyfTownTaxes to 211_ Coun Taxes to 511. Count Taxes 01/01106 10 03/31/06 22.11 212_ Count Taxes to 512. County Taxes 01/01106 to 03/31/06 78_33 213. 513. 214. 514 215. I 515. 216. 516. 217. 517 218. 518. 219_ 519. 220. TOTAL PAID BYIFOR BUYER I 87,804.75 520. TOTAL REDUCTION AMOUNT DUE SELLER 2.475_19 300. CASH AT SETTLEMENT FROMITO BUYER: 600. CASH AT SETTLEMENT TO/FROM SELLER: 301_ Gross Amount Due From Bu er(Line 120) I 87,804.75 601. Gross Amounl Due To Seiler Line 420) 87,500.00 302. Less Amount Paid By/For Buyer (Line 220) II 87,804.75) 602. Less Reductions Due Seller {Line 520) ( 2,475.19 303. CASH ( FROM) ( TO) BUYER I 0.00 603_ CASH ( X TO)( FROM) SELLER 85,024,81 The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement & any attachments referred to herein. I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS A TRUE AND ACCURATE STATEMENT OF ALL RECEIPTS AND DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. I FURTHER CERTIFY THAT \ HAVE RECEIVED A COpy OF THE HUD-1 SETTLEMENT STATEMENT. Buyer Seller Cily of Port Angeles 8Y' John M. Ralslon Mark Madsen,CilyManager GailT. Ralston Erika E.J. Ralston J.GrahamRalston TO THE BEST OF MY KNOWLEDGE, THE HUD-1 SETTLEMENT STATEMENT WHICH I HAVE PREPARED IS A TRUE AND ACCURATE ACCOUNT OF THE FUNDS WHICH WERE RECEIVED AND HAVE BEEN OR WILL BE DISBURSED BY THE UNDERSIGNED AS PART OF THE SETTLEMENT OF THIS TRANSACTION. Advantage Escrow Company Settlement Agent WARNING: IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS ORANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAilS SEE: TITLE 18 U.S, CODE SECTION 1001 & SECTION 1010 "'" s L. SETTLEMENT CHARGES @ % 700. TOTAL COMMISSION Based on Price Division of Commission (line 700) as Follows: 701 $ to 702 to 703. Commission Paid at Settlement 704. to BOO. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. LoanOd inalionFee % to 802. Loan Discount % 10 803 AppraisalFee 10 804. CredilReport to 805. Lender's Inspection Fee 10 806 Mort a elns.A'tlD.Fee to 807 Assumption Fee 10 808. 809. 810 811 SOo.. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest From to @ $ 902. MIP Totlns. for LifeOfLoan for months to 903. Hazard Insurance Premium for 1.0 ears 10 904. 905 1000. RESERVES DEPOSITED WITH LENDER 1001. 1002. 1003 1004 1005 1006 1007. 1008. 1100. TITLE CHARGES 1101. Escrow Fee 1102 Escrow Fee Sales Tax 1103. Tille Examination 1104. Tille Insurance Binder 1105. Document Pre aration 1106. Nota Fees 1107. Atlorney'sFees incll1des above item nl1mbers' 1108. Title Insurance inciudes above item numbers: 1109. Lender's Coverage 1110_0wner'sCoverage 1111. 1112. Hazard Insurance Mort a elnsurance Cil fTownTaxes Count Taxes County Taxes {day months $ months S months @ $ months $ . months @ $ months @ S months @ S months $ to Advanlane Escrow Comnarw to Advantaoe Escrow Com an 10 10 10 10 to 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: Deed $ 34.00; Mortgage $ 1202. Ci ICoun TaxfStam s: Deed 1203 Slate TaxfStam s: Deed 1204. Excise Tax 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve 1302. Pest Ins eclion 1303 1304. 1305. 1400, TOTAL SETTLEMENT CHARGES (Enter on Lines 103, Section J and 502, Section K) 10 s , 1113 to Clallam Coun 10 10 87,500.00 . Mort a e : Mort a e Treasurer days %) er month er month er month er monlh per month per month per month oer month Releases $ By .'gn1ng pag~ 1 oT U"l.. .,.'.mem, U"le .,gn.,one. .c~nowl.dg. reC'''PI or a compl~l.d copy 01 page 2 of thIS ~NO page .l.lemenl Certified to be a true copy. PAID FROM BUYER'S FUNDS AT SEffiEMENT 250_00 20.75 304.75 PAID FROM SELLER'S FUNDS AT SETTLEMENT 250,00 20,75 541.50 34.00 1,562.50 2,374.75 Advantage Escrow Company, Settlement Agent (126511265123) ,'. : ~ .r' "J.' ," ,J- :> _ . ~. ~~.''''''' '... . . 'f" ~,J""t. ..l : J.' ~~ ~~+~:2 \\. i~~ :{~ ~iA' #;,.,~;;,Dz;.\~J.( ~ ~; "/ . .' ...-~l"]i' ..", '. -.. 'l:.';.....~.,l ',' "..l.. >.-.....- : '\",P4~\ ~ ""~:->":!:" 4",,1'..._t-"',~, .,'-l;' Il;'" ~ ; "~~- -"'.:t1~.(,..~~.--:.>~t;i~~;:/'~;~~:': " '-.,' .' , ", ':I":!'{;":'\,~~'~"';~'" . ~...,. ',.' &~<~. _,"'l ~,'''',''''''-~ ,,'~-i~.,V'" ., j. ~ .",. I.~ . . ..~ .' ~ *J1!f"'- . ~.. t,. I .- ;.< "1'.;:; ~. /:;:::, ,": . V.j. . :r"j:".'''''''-~!\;'~:{'' .'~ ".f;Op"'ll>~' ',', .' I ;, ' ./;1,". <' .,;, l' /~.&r- '! ,~~ ",' ~ ;r-T~ . ~ .~ ':~~i,,1<~'" ,; J,:' .. '" .';.r...... '.,,' . :~ ; " ~,,;... ;, . ~' .','If' " , " '''I ./ " ;' , :,., :l;t . I . "-~',.." /' '~~h. " ;~ 'f~:~/, r;'...~ ''(h') " " , " o~, ~J()' ~', .0. .. ' -t '........( (.~'. -- ~tq~ STATE OF WASHINGTON RECEIVED o -630 FEB 2 4 2006 CITY OF PORT ANGELES PUBLIC WORKS DEPARTMENT OF ECOLOGY PO Box 47775 . Olympia, Washington 98504-7775 . (360) 4 February 13,2006 Mr. Glenn A. Cutler, P.E. Director of Public Works and Utilities City of Port Angeles Post Office Box 1150 Port Angeles, Washington 98362-0217 Dear Mr. Cutler: Subject: Use of Remaining Funds Provided Under the Memorandum of Agreement (MOA) Between Alaska Tanker Company (A TC) and the City of Port Angeles in Compliance with the PCHB Order Issued in Case No. 02-057 The Washington Department of Ecology authorizes the City of Port Angeles to utilize funds remaining from those provided the City under the MOA between the City and A TC. The MOA was executed to settle Ecology's penalty against ATC for the January 29, 2001 oil spill from the tank vessel PRINCE WILLIAM SOUND. The agreement was executed on December 2, 2002, and had two requirements: I) Port Angeles had two years from the date of receiving the money to spend it; and 2) the $25,000 were to be used n. . . exclusively to purchase property for its Valley Creek Restoration Project. n Port Angeles received $25,000 from ATC on December 19, 2002. Two years ago, $11,250 were combined with other funds to purchase two lots and a house on the east side of Valley Creek. Based on the December 19, 2005 letter from the City or Port Angeles signed by Mayor Richard Headrick, $12,935.89 remain of the original amount. Mr. Headrick stated in his letter that the remaining money would be combined with other funds to purchase the "Ralston property" or Lots 9 through 13, Block 93, Township of Port Angeles. An executed Purchase and Sale Agreement was provided to demonstrate the commitment of the parties. Should the purchase of the Ralston property not occur within 120 days from the date of this letter, the remaining amount shall be due and owing to Ecology. The City of Port Angeles shall remit the funds to Department of Ecology, Cashiering Section, P.O. Box 5128, Lacey, Washington 98509-5128. .....' o . Mr. Glenn A. Cutler February 13,2006 Page 2 I appreciate the City's efforts to find a use for these funds to benefit the environment and the citizens of Port Angeles. If you have any questions, please call me at (360) 407-7450. Sincerely, D~F Program Manager Spill Prevention, Preparedness & Response Program JF:s\m cc: Richard Headrick Richard Moore Colleen Warren Dan Doty David Byers Dick Logan TRANS TYPE SI RATE REISSUE INSURANCE FILE NUMBER POLICY NUMBER 97125P J 2055271 DATE OF POLICY March 31, 2006 AMOUNT OF INSURANCE $87,500.00 PREMIUM $500.00 S C H E D U LEA ALTA OWNER'S POLICY (10/17/92) Amount of Insurance Premium $87,500.00 $500.00 policy No. Order No. J 2055271 97125P Date of Policy March 31, 2006 at 11:55 a.m. 1. Name of Insured: CITY OF PORT ANGELES, a municipal corporation 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: THE NAMED INSURED 4. The land referred to in this policy is situated in the State of Washington, County of Clallam, and is described as follows: Lots 9 through 13, inclusive, Block 93, Townsite of Port Angeles, Clallam County, Washington. Situate in the County of Clallam, State of Washington. End Of Schedule A 97125 S C H E D U L E B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easements or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (Al Unpatented mining claims; (Bl Reservations or exceptions in patents or in acts authorizing the issuance thereof; (Cl Water rights, claims or title to water; whether or not the matters excepted under (Al, (Bl or (Cl are shown by the public records; (Dl Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. F. Any lien, or right to lien, for services, labor, materials, or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. SPECIAL EXCEPTIONS: 1. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: TAX ACCOUNT NO. YEAR AMOUNT BILLED AMOUNT PAID #063000 009325 2006 $34.25+16.13 None Paid Affects : Lot 9 #063000 009330 2006 $77.69+52.13 None Paid Affects : Lot 10 #063000 009335 2006 $172.65+16.13 None Paid Affects : Lot 11 #063000 009340 2006 $24.17+16.13 None Paid Affects : Lots 12 and 13 Contained In Deed, Treasurer of Clallam County : June 5, 1959 : 315218 :The party of the first part hereby expressly saves, excepts and reserves out of the grant hereby made, unto itself, if successors, and assigns, forever, all oils, gases, coals, ores, minerals, and fossils of every name, kind or description, and which may be in or upon such lands above described; or any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals and fossils; and it also hereby expressly saves reserves out of the grant hereby made, unto itself, its successors and assigns, forever, the right to enter by itself, it agents, attorneys and servants upon said lands, or any part or parts thereof at any and all times, for the purpose of opening, developing and working mines thereon, and taking out and removing therefrom all such oils, gases, coal, ores, minerals and fossils, and to that end it further expressly reserves out of the grant hereby made, unto itself, it successors and assigns, forever, the right by it or its agents, servants and attorneys at any and all times to erect, construct, maintain and use all such buildings, machinery, roads and railroads, sink such shafts, remove such oil, and to remain on said lands or any part thereof, for the business of mining and to occupy as much of said lands as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving to itself, it successors and assigns, as aforesaid, generally, all rights and powers in, to and over said land, whether herein expressed or not, reasonably necessary or convenient to render beneficial and efficient the complete enjoyment of the property and the right hereby expressly reserved. : Lots 12 and 13 97125 2. Reservations Executed By Recorded Auditor's File As Follows No. Affects 3. A record of Survey Recorded Volume/Page Auditor's No. and matters relating thereto: December 16, 1994 32/1 716310 End Of Schedule B EXCLUSIONS FROM COVERAGE The'lollowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss Dr damage, costs. attDrneys' fees or expenses which arise by reason 01: 1. (a) Any law, ordinance or gDvernmental regulation (including but nDt limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting Dr relating to (i) the occupancy, use, Dr enjoyment Df the land; (ii) the character, dimensiDns Dr 10catiDn of any irnprovement nDw Dr hereafter erected on the land; (iii) a separation in Dwnership Df a change in the dimensiDns or area of the land Dr any parcel of which the land is or was a part; or (iv) environmental protectiDn, Dr the effect of any viDlation Df these laws, ordinances Dr governmental regulatiDns, except to the exlent that a notice of the enfDrcement thereDf Dr a notice Df a defect, lien or encumbrance resulting from a violation or alleged viDlatiDn affecting the land has been recorded in the public recDrds at Date of PDlicy. (b) Any governmental police pDwer nDt excluded by (a) above, except to the exlent that a nDtice of the exercise thereDf or a nDtice Df a defect, lien Dr encumbrance resulting from a violatiDn Dr alleged violation affecting the land has been recDrded in the public recDrds at Date of PDlicy. 2. Rights Df eminent domain unless notice Df the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from cDverage any taking which has occurred priDr to Date Df Policy which wDuld be binding on the rights of a purchaser for value without knowiedge. 3. Defects, liens, encumbrances, adverse claims or other matters; (a) created, suffered, assumed Dr agreed tD by the insured claimant; (b) not knDwn tD the CDmpany, nDt recorded in the public recDrds at Date Df Policy, but knDwn tD the insured claimant and not disclosed in writing to the CDmpany by the insured claimant priDr tD the date the insured claimant became an insured under this policy; (c) resulting in nD loss Dr damage to the insured claimant; (d) attaChing or created subsequent to Date Df PDlicy; Dr (e) resulting in loss Dr damage which wDuld nDt have been sustained if the insured claimant had paid value for the estate Dr interest insured by this pDlicy. 4. Any claim, which arises out of the transactiDn vesting in the Insured the estate Dr interest insured by this policy, by reasDn Df the DperatiDn of federal bankruptcy, state insDlvency, Dr similar creditDrs' rights laws, that is based Dn: (i) the transactiDn creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this pDlicy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely recDrd the instrument of transfer; Dr (b) Df such recDrdatiDn to impart notice to a purchaser fDr value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. OEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured"; the insured named in Schedule A, and, subject to any rights or defenses the Company would have haa against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representa~ tives, next of kin, or corporate or fiduciary successors. (b) "insured claimant': an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the publiC records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (dl "land": the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also incude environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "un marketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured bv a Durchase monev mortaaae aiven by this policy which constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized rep- resentative 01 the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and mem- oranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Fallure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary informa- tion from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the follOWing additional options: (a) To Payor Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by' the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (' Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other ~h_an ,~~,f!,1.~ke the P?y~ent ,reql,Jj~~~,_,shall term~nate, incl~~ing for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REOUCTION OF INSURANCE; REOUCTION OR TERMINATION OF LIABILITY. All payments undel.this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULA1IVE. It is expressly understood that the Amount of In- surance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject. or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without prodUCing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the s2tisfaction of the Company. (bl When liability and the extent of loss or damage has been defmitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (aJ lh. Company's Right 01 Subrogation. Whenever the Company shall have settled and paid a claim under this poliCY. all right of subrogation shaJ! vest in the Company unaffected by any act of the insured claimant. The Comoanv shall be subrooated to and be entitled to all estate o'r interest. This policy shall not continue- in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase. mq,ney mortgage given to the inslJred. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or Interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest. as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PRDSECUTIDN OF ACTIONS; DUTY OF INSURED CLAIMANT TO CDDPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or en- cumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (bl The Company shall have the right. at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest. as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. lei Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonaule aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement and (Ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF DF LDSS DR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the titie, or other matter insured against (b ) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with oUler parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authOrized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this POliCY, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Com- pany's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shail terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATIDN. EXTENT OF LIABILITY ANO COINSURANCE. This policy IS a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. lal The liability of the Company under this policy shail not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of Insurance at Date of Policy bears to the total value of the insured estate Dr interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Ie) The Company will pay only thosecosts, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. B. APPORTIDNMENT. If the land described in Schedule (AIIC) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the Amount of Insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made sub- sequent to Date of Policy, unless a liability or vaiue has otherwise been agreed upon as to each parcel by the Company and the insured at the tirr.e of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. L1MITATIDN DF LIABILITY. lal If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right 01 access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the comple- tion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable th-e- i;;sured.craimants.hail-tra~sie~ -to-the.-C-o~pa~y- ail 'righ't and remedies against any person or property necessary il order to perfect this right of subrogation. The insurel claimant shall permit the Company to sue, compromise 0 settle in the name of the insured claimant and to use the naml of the insured claimant in any transaction or litigatior involving these rights or remedies. If a payment on account 01 a claim does not fully cove the loss of the insured claimant the Company shall bl subrogated to these rights and remedies in the proportior which the Company's payment bears to the whole amoun of the loss. If loss should result from any act of the insure< claimant, as stated above, that act shall not VOid this policy but the Company, in that event, shall be required to pay onll that part of any losses insured against by this policy whict shall exceed the amount if any, lost to the Company bl reason of the impairment by the insured claimant of thE Company's right of subrogation. (bl The Company's Rights Against non.insure' Obligors. The Company's right of subrogation against non insured obligors shall exist and shall include, withou limitation, the rights of the insured to indemnities, guaranties other policies of insurance or bonds, notwithstanding an) terms or conditions contained in those instruments whict provide for subrogation rights by reason of this policy. 14. ARBITRATlDN. Unless prohibited by applicable law, either the Com. pany or the insured may demand arbitration pursuant to thE Title Insurance Arbitration Rules of the American Arbitratior Association. Arbitrable matters may include, but are no limited to, any controversy or claim between the Compan) and the insured arising out Of or relating to this policy, anI service of the Company in connection with its issuance 01 the breach of a policy provision or other obligation. AI arbitrable matters when the Amount of Insurance i~ $1,000,000 or less shall be arbitrated at the option of eith81 the Company or the insured. All arbitrable matters when thE Amount of Insurance is in excess of $1,000,000 shall bE arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is madE or, at the option of the insured, the Rules in effect at Date 0 Policy shall be binding upon the parties. The award ma) include attorneys' fees only if the laws of the state in w.hict the land is located permit a court to award attorneys' fees tc a prevailing party. Judgment upon the award rendered by thf Arbitrator(s) may be entered m any court having jurisdictior thereof. The law of the situs of the land shall apply to ar arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from th, Company upon request. 15. LIABILITY LIMITED TD THIS POLICY; PDLlCY ENTIRE CDNTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpret- ing any provision of this policy, this policy shall be construed as a whole. (b) Any claim of Joss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and aU other provisions shall remain in full force and effect. 17. NOTICES. WHERE SENT. AD notices required to be given the Company and any statement in wriling required to be furnished the Company shall include the number of this policy and shall be ad(1ressed 10 the Compa'ly at 1 First American Way, Santa Ana, California 92707, or 10 too office which issued Ihispolicy. '-r ...-' ~ Wxww ,-" r -' .... 802 East First St., Suite 1 . PO Box 1780 . Port Angeles. WA 98362 Phone 360-457-3000 . Fax, 360-457-9222 March 31, 2006 RECEIVED APR - J 2006 City ofPort Angeles Dennis Dickson PO Box 1150 Port Angeles, W A 98362 PORT ANGELES LEGAL DEPARTMENT Re: Escrow No. 1265 Lots 9 through 13, Elk 93 TP A, Port Angeles Dear Mr. Dickson, Please be advised that the above referenced transaction is now closed. Please find enclosed a final HUD-l Settlement Statement for your records. Your original Deed and Title Insurance Policy will be forthcoming from Clallam Title Company in approximately 4 to 6 weeks. Thank you for the opportunity to close this transaction for you. Should you have any questions, please contact us. Sincerely, Adv:::.ntag.:: Escro\\' Company Uftuillk Claudette Mingori Limited Practice Officer Escrow Officer Enc.