HomeMy WebLinkAboutBOS 08141992 BILL OF BALE
1. BOEING COMMERCIAL AIRPLANE GROUP, a division of The
Boeing Company, a Delaware corporation ("Boeing") , hereby
conveys and quitclaims to THE CITY OF RENTON, a municipal
corporation of the State of Washington ("Renton") , and Renton
hereby accepts from Boeing, that certain property described on
Attachment 1 attached hereto and by this reference
incorporated herein (the "Property") , and Boeing hereby �,
assigns to Renton WITHOUT REPRESENTATION OR WARRANTY OF ANY '
KIND, all guaranties, warranties and the like, if any, by any '
manufacturer of the Property.
2 . Boeing and Renton agree that the Property
quitclaimed herein shall at all times from this day forward be
deemed personal property, and shall not, by reason of any
attachment or connection to any realty, become or be deemed a
fixture or appurtenant to any such realty. Said property
shall be severable from any such realty at any time, and shall
remain the personal property of Renton.
3 . Renton agrees to promptly pay any sales, use or like
tax imposed by any governmental authority because of Boeing's
conveyance of the Property to Renton.
4. THIS PROPERTY IS CONVEYED BY BOEING AND ACCEPTED BY
RENTON "AS IS, " "WHERE IS, " "WITH ALL FAULTS AND DEFECTS. "
Any description of the Property contained in this Bill of Sale
is solely for identification purposes and does not constitute
any representation or warranty that the Property conforms to
such description. Renton represents and warrants that it has
fully inspected the Property and that it is not aware of any
defect, deficiency or nonconformance in the Property. Renton
accepts the Property in its present condition and state of
repair.
5. RENTON WAIVES AND RELEASES ALL RIGHTS AND REMEDIES,
AND ALL WARRANTIES AND LIABILITIES OF BOEING, EXPRESS OR
IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY
DEFECT, DEFICIENCY, OR NONCONFORMANCE IN THE PROPERTY,
INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY
(INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH RESPECT TO
CAPACITY, DURABILITY, RELIABILITY, SAFETY OR PERFORMANCE OF
THE PROPERTY) ; (B) IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE; (C) IMPLIED WARRANTY ARISING
FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF
TRADE; (D) CLAIM IN TORT, WHETHER OR NOT ARISING IN WHOLE OR
IN PART FROM BOEING'S FAULT, NEGLIGENCE OR STRICT LIABILITY;
BILL OF SALE Page 1
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OR (E) CLAIM FOR ANY INDIRECT, INCIDENTAL, SPECIAL
—CONSEQUENTIAL OR PENAL DAMAGES.
6. Renton releases and agrees to defend, indemnify and �
hold harmless Boeing, its directors, officers, employees,
agents and representatives, and their respective successors
and assigns from any and all claims, losses, harm, costs,
liabilities, damages and expenses (including, but not limited
to, reasonable attorneys' fee) arising out of or in connection
with the ownership or use of, any defect, deficiency or
nonconformance in or any reliance on the Property. To the
fullest extent permitted by applicable law, this paragraph 6
shall apply regardless of any fault, negligence or strict
liability of Boeing or any of its directors, officers,
employees, agents or representatives.
7. Boeing is willing to convey the Property to Renton I
only in consideration of and in reliance upon the provisions ;
of this Bill of Sale limiting Boeing' s potential loss exposure
(such as paragraphs 4, 5 and 6) . Such provisions constitute
an essential part of the bargain underlying the conveyance.
8. No amendment or modification of this Bill of Sale
shall be valid unless set forth in a written instrument signed '
by the party to be und ereby. i
�G �
DATED:
BOEING COMMERCIAL AIRPLANE GROIIP,
a division of The Boeing Company,
a Delaware corpo�ation
By .. .
It
1.1. Nelson
Director, Facilities and Servtce3 '
THE c�TYB�g���ia! Airplane Group
a municipal corporation of the State
of shington
By ,
V
ar 1 mer or
ATTE5 : ����i�c�v _. i
Marily J Petersen, City Clerk
BILL OF SALE Page 2
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STATE OF WASHINGT N )
r ) ss.
COUNTY OF )
On this�� ---day of S� , 1992, before me,
the undersi ne Notar Pu c in and for the State of
g � Y
Washingt n, duly oinmissioned nd sworn, personally appeared
� . G.�o , to me known to be the person
who signed as S'VC'_,��_ of BOEING COMMERCIAL
AIRPLANE GROUP, a division of The Boeing Company, the
corporation that executed the within and foregoing instrument,
and acknowledged said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes
therein mentioned, and on oath stated that � was duly
authorized by the Board of Directo�s of the corporation to �
execute said instrument and that the seal affixed, if any, is
the corporate seal of said corporation. ,
WITNESS my hand and o 'ci 1 seal hereto affixed th day
and year in this certificat ve writt
_��_ '
NOTAR PUBLIC in and or th State of
, ; , \,,; �, Washington, residing at � '
, ,
My appointment expires: � � �
STATE OF WASHINGTON ) �
) ss. '
COUNTY OF ��_ )
On this ;�`� day of , 1992, before me,
the undersigned, a Notary u ic in and for the State of
Washington, duly commissioned and sworn, personally appeared
�- , to me known to be the person
who signed as / of THE CITY OF RENTON,
the municipal co ation that executed the within and
foregoing instrument, and acknowledged 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 s/he was duly elected, qualified and
BILL OF SALE Page 3 �
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acting as said officer of the municipal corporation, that s/he I'
was authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said municipal
corporation.
WITNESS my hand and official seal hereto affixed the day
and year in this certificate above written.
� �.�J�`���
NO UBLIC in and for Sta� of ;
Washington, residing at
My appointment expires: <<,���95
[Attachment 1]
BILL OF SALE Page 4
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Attachment 1 i
Free standing, metal boat house measuring approximately �
34 ' x 92 ' , designated by Boeing as the 4-67 Building, and
situated on �he banks of Lake Washington in Renton,
Washington, and the attacheci timber piers . See attached
photograph.
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