AN ORDINANCE authorizing the purchase, for park, open space and recreation purposes, of real property commonly known as Webster Park, a portion of the former Webster Elementary School, located at 3017 NW 67th Street, from Seattle School District No. 1, and authorizing acceptance of the deed, making appropriations, amending the 2008-2013 Capital Improvement Program, and authorizing the loan of funds from the City's Consolidated (Residual) Cash Pool, or its participating funds, to the Cumulative Reserve Subfund-Unrestricted Subaccount, all by a three-fourths vote of the City Council.

WHEREAS, the Ballard community advocated for a public park at the site of the former Webster Elementary School in the late 1980s when the Nordic Heritage Museum, which at that time leased the entire property from Seattle School District No. 1 ("School District"), approached the School District about purchasing the property; and

WHEREAS, the Ballard community's advocacy for a public park resulted in positive collaboration between the City of Seattle ("City"), the Nordic Heritage Museum, and the School District; and

WHEREAS, the City executed a twenty-five year lease agreement with the School District on October 9, 1995, cancelable by the School District for school purposes, for a public park and play area on a portion of the property commonly known as the former Webster Elementary School ("Webster Park"); and

WHEREAS, the Ballard community and the City raised funds to install improvements at Webster Park; and

WHEREAS, Webster Park was opened to the public on June 1, 1997; and

WHEREAS, on September 6, 2007, the Seattle Public Schools Board of Directors approved an amendment to the Facilities Master Plan designating Webster Elementary School "Non-essential (Surplus)" and setting a procedure for its sale; and

WHEREAS, the amendment to the Seattle Public Schools Facilities Master Plan states "portions of sites at ...Webster which are currently used as parks or playgrounds or are not currently used by the tenants should be offered for acquisition as public open space"; and

WHEREAS, the Ballard community has advocated for the preservation of Webster Park and the considerable investment in improvements thereto; and

WHEREAS, there is sufficient cash in the City's Consolidated (Residual) Cash Pool or its participating funds to support a loan of approximately Eight Hundred Thousand Dollars ($800,000); and

WHEREAS, the City of Seattle has determined that the property at 3017 NW 67th Street meets the criteria addressing open space needs established in Seattle's Park and Recreation Comprehensive Plan and Seattle's Parks and Recreation Plan 2000, and that it is in the public's best interest to acquire the same for park, open space, and recreation purposes; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Superintendent of Parks and Recreation ("Superintendent"), or his designee, is authorized, on behalf of the City of Seattle, to acquire real property commonly known as 3017 NW 67th Street, for a purchase price not to exceed One Million Six Hundred Thousand and No/100 Dollars ($1,600,000.00), substantially in accordance with the terms of the Real Estate Purchase and Sale Agreement attached hereto as Attachment 1 ("Agreement"). The legal description of the real property (referred to hereafter as the "Property") is as follows:

Lot 4, Block 25, Lots 1 through 8, inclusive, Block 26, Lots 1 through 3, inclusive, and Lots 7 and 8, Block 27, Jenning's Ballard Addition, according to the plat thereof recorded in Volume 6 of Plats, page 10, in King County, Washington.

Section 2. The Superintendent or his designee is authorized to execute such documents as he deems necessary or desirable including, without limitation, such consents, approvals, extensions of time and minor amendments of the Agreement as he shall deem appropriate to carry out the intent of this ordinance and to incur necessary costs and expenses to accomplish acquisition of the Property consistent with this ordinance. Upon delivery of the statutory warranty deed for the Property, the Superintendent or his designee is authorized to accept the deed on behalf of the City by attaching to the deed his written acceptance thereof, and to record the same. The Property shall be accepted for park, open space, and recreation purposes, and placed under the jurisdiction of the Department of Parks and Recreation.

Section 3. A loan of up to Eight Hundred Thousand Dollars ($800,000) of principal outstanding at any one time is hereby authorized to be made from the City's Consolidated (Residual) Cash Pool, or its participating funds, to the Cumulative Reserve SubfundUnrestricted Subaccount from which may be paid costs to acquire the Property. Said loan is to be repaid in full with interest on the loan at the rate of return of the City's Consolidated (Residual) Cash Pool.

Section 4. The entire principal of the loan authorized by Section 3 and owed by the Cumulative Reserve Subfund-Unrestricted Subaccount, and interest amount owed by the General Subfund to the City's Consolidated (Residual) Cash Pool, shall be repaid with proceeds from a grant which the Superintendent will be authorized to accept in a subsequent ordinance and revenues from the General Subfund. Except as authorized by Seattle Municipal Code Section 5.06.030 (C), any extension of this loan must be approved by ordinance.

Section 5. The Director of Finance may effectuate the loan authorized in Section 3 by transferring cash from one or more of the funds participating in the City's Consolidated (Residual) Cash Pool to the Cumulative Reserve Subfund-Unrestricted Subaccount or by carrying Cumulative Reserve Subfund-Unrestricted Subaccount in a negative cash position in an amount not to exceed Eight Hundred Thousand Dollars ($800,000) until no later than June 30, 2010.

Section 6. To pay for the Property and for necessary related costs and expenses, the appropriation for the following in the 2008 Adopted Budget is increased from the fund shown, as follows:

Fund Department Capital Improvement Program: Amount Program (Number) $800,000 Cumulative Parks and Parks InfraReserve Recreation structure Subfund (K72441) Unrestricted Subaccount (00164)

Section 7. The 2008-2013 Adopted Capital Improvement Program is hereby amended as shown in Attachment 2.

Section 8. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 9. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2008, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2008. _________________________________ President __________of the City Council

Approved by me this ____ day of _____________________, 2008. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2008. ____________________________________ City Clerk

Attachment 1: Real Estate Purchase and Sale Agreement Attachment 2: 2008-2013 Adopted Capital Improvement Program Amendment

12/04/08 Version #5 t

ATTACHMENT 1; REAL ESTATE PURCHASE AND SALE AGREEMENT

THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made as of the _____ day of _______________, 2008 by and between SEATTLE SCHOOL DISTRICT NO. 1, King County, Washington, successor by annexation to School District No. 50, a corporation of King County, Washington, also appearing of record as Ballard School District No. 50 ("Seller"), and THE CITY OF SEATTLE, a Washington municipal corporation ("Buyer"). The real property that is the subject of this Agreement is situated in King County, Washington, and legally described in Exhibit A attached hereto ("Land"). The Land together with all permanent improvements thereon and all rights, privileges, easements and other appurtenances thereto are hereafter referred to as the "Property".

RECITALS

A. Seller desires to sell and Buyer desires to purchase the Property.

B. Seller is named as defendant in King County Superior Court Cause No. 08-2-237432-7SEA regarding the sale of surplus school property, including the Property ("Pending Action").

C. Plaintiffs in the Pending Action seek, among other things, to enjoin Seller's sale of the Property to Buyer.

D. Seller has filed a motion for summary judgment seeking dismissal of the Pending Action with prejudice, but the timing of the final resolution of the Pending Action is unknown.

E. Seller desires to close the sale of the Property to Buyer as soon as possible.

F. Buyer is unwilling to proceed with closing without assurances from Seller, including indemnification by Seller with respect to the Pending Action.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller hereby covenant and agree as follows:

AGREEMENT

1. Purchase Price; Payment. Subject to the provisions of this Agreement Seller shall sell and Buyer shall purchase the Property for a price of One Million Six Hundred Thousand and NO/100 Dollars (U.S. $1,600,000.00) ("Purchase Price"). The Purchase Price is payable as follows:

1.1 Deposit. Within five (5) days of the execution of this Agreement by Buyer and Seller, Seller will open an escrow account with Stewart Title Guaranty Company; 1420 Fifth Avenue Suite 500; Seattle, WA 98101 (referred to hereafter as "Escrow Agent" or "Title Company"). Within five (5) days of the execution of this Agreement by Buyer and Seller, Buyer shall deliver to Escrow Agent a deposit of Five Thousand and NO/100 Dollars ($5,000.00) (the "Deposit") together with a copy of the fully executed Agreement. Escrow Agent shall place the Deposit in an interest-bearing account for the benefit of the Buyer. Escrow Agent shall apply or disburse the Deposit as provided in this Agreement. At closing, Escrow Agent shall apply the Deposit together with interest, if any, to the Purchase Price.

1.2 Payment of Remainder of Purchase Price. The balance of the Purchase Price shall be payable in cash, certified funds or wire transfer at closing.

2. Conveyance; Title Insurance.

2.1 Conveyance. Seller shall convey title to the Property to Buyer by statutory warranty deed, free and clear of any and all liens, encumbrances, defects, easements, conditions, and restrictions except those listed on Exhibit B or accepted in writing by Buyer (collectively referred to as "Permitted Exceptions").

2.2 Title Insurance. Title to the Property shall be insured under a standard coverage owner's policy of title insurance issued pursuant to the preliminary commitment for title insurance and all supplements thereto from the Title Company, No. 08201534 dated November 25, 2008 ("Title Report"), subject only to the Permitted Exceptions. If required by the Title Company to issue an extended coverage owner's ALTA title insurance policy; Buyer shall obtain a survey and title updates for an extended policy at its own cost and expense.

3. Conditions Precedent; Feasibility Period.

3.1. Buyer Conditions. The obligations of Buyer under this Agreement shall be subject to the fulfillment and satisfaction of the following conditions, which are for the benefit of Buyer and may be waived only in writing by Buyer. If any condition is not satisfied or waived in writing on or before closing (or such earlier date as provided in the subsections below), then this Agreement shall terminate, and the parties shall have no further obligations under this Agreement, except that Buyer shall be entitled to return of the Deposit together with interest, if any.

3.1.1 Council Approval of Transaction. On or before January 16, 2009, an ordinance shall have been passed by the Seattle City Council and not disapproved by the Mayor authorizing Buyer to engage in the transaction contemplated by this Agreement and appropriating funds to complete this transaction.

3.1.2 Termination of Lease Agreement. On the date of closing, Seller shall execute and deliver to Buyer a termination of lease satisfactory to Buyer and the Title Company, effective as of the date of closing, terminating the existing lease agreement dated October 9, 1995 between Buyer and Seller ("City Lease").

3.1.3 Title Insurance. On the date of closing, Title Company shall be irrevocably committed to issuing to Buyer an owner's standard coverage policy of title insurance, dated as of the date of closing and insuring Buyer in the amount of the Purchase Price against loss or damage by reason of defect in Buyer's title to the Property subject only to the printed exclusions and general exceptions appearing in the policy form and any Permitted Exceptions.

3.1.4 Compliance With Obligations. Seller shall have performed and complied in all material aspects, at the appropriate times for such performance and compliance, with the obligations, covenants and agreements under this Agreement to be performed by Seller.

3.1.5 Representations and Warranties. The representations and warranties of Seller in this Agreement shall be true and correct in all respects as of the closing date.

3.1.6 No Adverse Changes. As of closing, there shall have been no adverse change in the physical condition of the Property from the date of this Agreement.

3.2. Seller Conditions. The obligation of Seller to convey the Property to Buyer hereunder shall be subject to the fulfillment and satisfaction of the following conditions within the time periods specified below, which conditions are for the benefit of Seller and may be waived only in writing by Seller, as follows:

3.2.1 Compliance With Obligations. Buyer shall have performed and complied in all material aspects, at the appropriate times for such performance and compliance, with the obligations, covenants, conditions and agreements under this Agreement to be performed by Buyer.

4. Representations and Warranties. Effective as of the date of this Agreement and the date of closing, Seller represents, warrants, and covenants as follows, which representations, warranties, and covenants shall survive closing and shall not be merged in any deed delivered by Seller to Buyer at closing.

4.1 Authority of Seller. Seller, and the person signing on behalf of Seller, has full power and authority to execute this Agreement and perform Seller's obligations hereunder. When executed and delivered by Seller, this Agreement shall constitute a legal, valid, and binding obligation of Seller.

4.2 Ownership. Seller is the sole owner of the Property.

4.3 Hazardous Substances. Seller has not received notification from any federal, state, or local agency suggesting that the Property is currently in violation of any environmental law or regulation or is or may be targeted for environmental cleanup. To the best of Seller's knowledge without investigation of Buyer's activities as lessee, the Property is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under, above or about the Property, including but not limited to soil and groundwater conditions. To the best of Seller's knowledge, there are no cisterns, wells, subterranean storage or underground storage tanks on the Property. Seller warrants that no underground storage tanks have been removed from the Property by Seller.

4.4 The Property. To the best of Seller's knowledge, the Property is free of any material defects, latent or patent, and there are no prescriptive or adverse interests with respect to the Property. To the best of Seller's knowledge, there are no boundary problems or encroachments on or from the Property.

4.5 Litigation. To the best of Seller's knowledge without investigation of litigation or proceedings against Buyer as lessee of the Property, if any, there is not pending or threatened any litigation or proceeding affecting the Property or any portion thereof which might materially impair the value or usefulness of the Property or any portion thereof to Buyer or would prevent Buyer from acquiring the Property in accordance with this Agreement except for the Pending Action. Seller has received no written notice of any judgments, orders, or decrees pending or outstanding against the Property or against Seller that would affect Seller's ability to perform Seller's obligations under this Agreement or the use and occupancy of the Property for Buyer's purposes.

4.6 Outstanding Contracts. To the best of Seller's knowledge, all persons and corporations supplying labor, materials or equipment to the Property for or on behalf of Seller have been paid and there are no claims of liens. Seller shall indemnify and hold harmless Buyer from and against any and all obligations, costs, and expenses (including reasonable attorneys' fees) for any contract entered into by Seller for improvements to or otherwise affecting or relating to the Property that has not been fully paid and Seller shall discharge all mechanics' and materialmens' liens arising from any labor or material furnished for or for the benefit of Seller prior to the closing date.

4.7 Agreements with Governmental Authorities. Seller has no knowledge of any agreements with governmental authorities, agencies, utilities, or quasi-governmental entities that affect the Property except the City Lease. No consent or approval of any federal, state, or local court or federal, state or local government, bureau, department, commission, or agency is required to permit Seller to execute, deliver, or perform the transactions contemplated in the Agreement.

4.8 Persons in Possession. As of the closing date the Property will not be subject to any leases, tenancies or rights of persons in possession. Seller will hold Buyer harmless from any and all claims and expenses arising from previous leases, tenancies or rights of persons in possession.

5. Closing.

5.1 Closing Date. Closing shall occur in the office of Escrow Agent on a date mutually agreeable to Buyer and Seller, but in any event no later than April 30, 2009 unless further extended by written agreement. As used in this Agreement, "closing," "closing date" or "date of closing" means the date on which all appropriate documents are recorded and proceeds of sale are available for disbursement to Seller in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of the definition of "closing," "closing date" and "date of closing," as available for disbursement to Seller.

5.2 Prorations; Closing Costs. Surface water management fees and other fees (if any) payable to governmental entities shall be prorated as of the date of closing. Seller shall pay real estate excise taxes (if any are due) and real property taxes prorated through the date of closing (if any are due). If Seller is entitled to a reimbursement for overpayment of real property taxes, it shall be Seller's responsibility to seek such reimbursement from the appropriate taxing authority outside of closing. Seller's monetary liens on the Property shall, if not previously discharged, be discharged in full out of the Purchase Price at closing. Seller shall pay the premium for the owners standard title insurance policy, the Escrow Agent's fees and the cost of recording the statutory warranty deed from the Seller.

5.2.1 Interest on Purchase Price to Seller at Closing. If closing does not occur on or prior to January 16, 2009 for no other reason than that Buyer's condition precedent in Subsection 3.1.1 has not been satisfied, then when closing does occur Buyer agrees to pay Seller a delayed closing fee calculated at the rate of 4% per annum simple interest on the Purchase Price ("Interest") from January 16, 2009 through the date of closing. Interest will be considered an additional closing cost paid by Buyer to Seller. In the event Buyer is prepared to close prior to January 16, 2009, no Interest will be due.

5.3 Documents. Buyer and Seller shall deposit in escrow with Escrow Agent all instruments, documents and monies necessary to complete the sale in accordance with this Agreement. At closing, Seller shall execute and deliver to Buyer in escrow the following documents, each of which shall be in form and substance satisfactory to Buyer: a statutory warranty deed as described in Subsection 2.1 above, a real estate excise tax affidavit, an affidavit evidencing that Seller is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code, and a termination of the Lease.

5.4 Possession. Buyer shall be entitled to possession of the Property upon closing.

6. Risk of Loss. Seller will bear the risk of loss of or damage to the Property until the date of closing. In the event of material loss of or damage to the Property prior to closing, Buyer may terminate this Agreement by giving notice of termination to Seller. If Buyer elects to terminate this Agreement, the Deposit together with interest, if any, shall be refunded to Buyer, and the parties shall have no further rights or obligations under this Agreement.

7. Remedies on Default. If Buyer has performed its obligations under this Agreement, and Seller defaults under the terms and conditions of this Agreement, then Buyer shall be entitled to specific enforcement, or to damages for breach and to terminate this Agreement without further obligation to Seller and to receive return of the Deposit plus interest, if any. If Seller has performed its obligations under this Agreement, and Buyer defaults under the terms and conditions of this Agreement, then the Deposit shall be forfeited to Seller as liquidated damages as Seller's sole and exclusive remedy.

8. Broker Representation. Seller represents and warrants to Buyer that Seller has not incurred finder's, broker's, or other commissions or fees in connection with the sale of the Property. Seller shall indemnify and hold Buyer harmless from and against any liability for such commissions or fees incurred by Seller. Buyer represents and warrants to Seller that Buyer has incurred no finder's, broker's, or other commissions or fees payable to any person in connection with the sale of the Property. Buyer shall indemnify and hold Seller harmless from and against any liability for such commissions or fees incurred by Buyer.

9. General Provisions.

9.1 Notices. All notices required or permitted hereunder shall be in writing and shall either be delivered in person, sent by certified mail, return receipt requested, or delivered via facsimile transmittal, and shall be deemed received on the sooner of actual or facsimile receipt or three (3) days after deposit in the mail, postage prepaid, addressed to Seller or Buyer, as the case may be, at the address/facsimile number set forth below and with copies as specified:

Seller: Seattle School District Property Management Office 2245 South Lander Street Seattle, WA 98134 Facsimile: (206) 252-0111 Telephone: (206) 252-0110 Attn.: Ronald English, Deputy General Counsel

Buyer: Seattle Department of Parks and Recreation 800 Maynard Avenue South, 3rd Flr. Seattle, WA 98134 Facsimile: (206) 233-7038 Telephone: (206) 684-4860 Attn: Terry Dunning

Notice of a change of address or facsimile number shall be given by written notice in the manner specified above.

9.2 Costs. Except as specifically provided in this Agreement, neither party shall be responsible for paying any costs incurred by the other party in connection with this Agreement or otherwise.

9.3 Memorandum of Agreement. This Agreement shall not be recorded, but a mutually approved Memorandum stating the legal description and closing schedule may be prepared, signed, acknowledged and recorded at the request of either party.

9.4 Amendment. This Agreement may be amended only by written instrument signed by Seller and Buyer acting through duly authorized representatives.

9.5 Entire Understanding. This Agreement, and the documents incorporated herein, embody the entire agreement between the parties with respect to the transaction contemplated hereby, superseding all prior expressions by the parties. The terms of this Agreement cannot be waived except by the written agreement of the party against whom a waiver shall be asserted.

9.6 Time of Essence. Time is of the essence of this Agreement and each term and condition hereof.

9.7 Governing Law. This Agreement shall in all respects be interpreted, construed and enforced in accordance with the laws and judicial decisions of the State of Washington.

9.8 Severability. If any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement, which shall be enforced in accordance with its terms.

9.9 Holidays and Weekends. In the event that the date for any notice, performance, term, or period specified or contemplated hereunder shall fall on a holiday or a weekend, the date and any associated performance or action shall automatically be extended to the next succeeding business day.

9.10 Captions. Section titles or other headings set forth in this Agreement are for the convenience of the parties only and shall not be a part of this Agreement, nor shall they be considered in its interpretation, construction, or enforcement.

9.11 Exhibits Incorporated. All exhibits attached hereto, as listed below, are expressly incorporated into and form a part of this Agreement.

Exhibit A. Legal Description of Property Exhibit B. Permitted Exceptions.

10. Pending Action; Indemnification; Rescission. Seller shall take all necessary steps to vigorously defend against the Pending Action and to obtain a judgment of dismissal with prejudice, all at Seller's sole cost and expense. From and after closing, Seller shall indemnify, defend and hold the Buyer, its officers and employees and the Property harmless from and against all claims, costs, expenses and liabilities (including reasonable attorneys' fees) arising from or related to the Pending Action as it may be amended from time to time. After closing, if a final order in the Pending Action, as amended if applicable, requires rescission of Seller's sale of the Property to Buyer then the parties shall rescind the sale of the Property to Buyer as provided below. If a final order in or settlement of the Pending Action, as amended if applicable, requires acts affecting the Property, the Purchase Price or Buyer that are not acceptable to Buyer, then, at the election of Buyer, the parties shall rescind the sale of the Property to Buyer as provided below. Rescission shall be handled as follows: Buyer and Seller shall open an escrow account with Escrow Agent. Buyer shall deposit in escrow a bargain and sale deed conveying title to the Property to Seller. Seller shall deposit in escrow for the benefit of Buyer cash in the amount of the Purchase Price plus interest at the rate of four percent per annum. Seller shall be responsible for all costs of rescission, including without limitation the costs of the Escrow Agent and recording fees. In addition, Seller shall deliver a document, in form and substance satisfactory to Buyer, reinstating the City Lease. Escrow Agent shall deliver the reinstated City Lease document and cash to Buyer upon recording the bargain and sale deed to Seller.

11. Survival. The representations, warranties, covenants, agreements and indemnities made in this Agreement shall survive closing unimpaired and shall not merge into the statutory warranty deed delivered by Seller and the recordation thereof.

12. Expiration Date. This offer shall terminate if not accepted by Seller by 5:00 p.m. on December 8, 2008.

IN WITNESS WHEREOF the parties have signed this Real Estate Purchase and Sale Agreement as of the date first stated above.

BUYER:

The City of Seattle, a Washington municipal corporation By: ___________________________________ Timothy A. Gallagher, Superintendent of Parks and Recreation

SELLER: Seattle School District No. 1, a Washington municipal corporation By: ____________________________________ Maria L. Goodloe-Johnson, Ph.D., Superintendent

STATE OF WASHINGTON ) ) ss COUNTY OF KING )

On this ____ day of __________________, ____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Timothy A. Gallagher, to me known to be the Superintendent of Parks and Recreation of The City of Seattle, a Washington municipal corporation, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.

WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. ________________________________________ ________________________________________ (TYPE OR PRINT NAME)

[SEAL] Notary Public in and for the State of Washington, residing at _____________. My Commission expires on ____________.

STATE OF WASHINGTON ) ) ss COUNTY OF KING )

On this ____ day of ________, ____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Maria L. Goodloe-Johnson, Ph.D., , known to me to be Superintendent of Seattle School District No. 1, a Washington municipal corporation, the municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument.

WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above written. ________________________________________ ________________________________________ (TYPE OR PRINT NAME)

[SEAL] Notary Public in and for the State of Washington, residing at _____________. My Commission expires on ____________.

EXHIBIT A LEGAL DESCRIPTION

Lot 4, Block 25, Lots 1 through 8, inclusive, Block 26, Lots 1 through 3, inclusive, and Lots 7 and 8, Block 27, Jenning's Ballard Addition, according to the plat thereof recorded in Volume 6 of Plats, page 10, in King County, Washington.

EXHIBIT B PERMITTED EXCEPTIONS

1. Special District charges. 2. Pending Action in King County Superior Court

Cause No. No. 08-2-237432-7SEA Filed October 29, 2008

t

ATTACHMENT 2:

Parks & Recreation Webster Park Acquisition

BCL/Program Name: Parks Infrastructure BCL/Program Code: K72441 Project Type: New Facility Start Date: 2nd Quarter 2008 Project ID: K732373 End Date: 2nd Quarter 2010 Location: 3017 NW 67th Street Neighborhood Plan: Crown Hill/Ballard Neighborhood Plan Matrix: N/A Neighborhood District: Ballard Urban Village: Not in an Urban Village

This project provides funding for the acquisition of Webster Park from the Seattle School District. Acquisition of this site by Parks will allow it to remain in use as a park. Partial funding ($800,000) for the acquisition of this property is provided for in the 2008 Adopted Budget in Finance General, and is not reflected in the table below.

LTD 2007 2008 2009 2010 2011 2012 2013 Total Actuals

Revenue Sources King County Funds 0 0 800 0 0 0 0 0 800 Project Total: 0 0 800 0 0 0 0 800

Fund Appropriations/Allocations Cumulative Reserve Subfund 0 0 800 0 0 0 0 0 800 Unrestricted Subaccount

Appropriations Total* 0 0 800 0 0 0 0 0 800

O && M Costs (Savings) N/C N/C N/C N/C N/C N/C N/C

Spending Plan 0 0 800 0 0 0 0 0 800

*This detail is for information only. Funds are appropriated in the budget at the Budget Control Level. Amounts in thousands of