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AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN CITY OF MOSCOW, IDAHO AND HELENE ROGALSKI. 565133 THIS AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN CITY OF MOSCOW, IDAHO AND HELENE ROGALSKI (hereinafter "Agreement") is entered into this K day of AQci'l , 2014 by and between City of Moscow, Idaho, a municipal corporation of the Stal(; ofldaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTEE"), and Helene Rogalski, 402 North Monroe, Moscow, Idaho, 83843 (hereinafter "GRANTOR"). W I T N E S S E T H : In consideration of the mutual covenants set forth herein, GRANTOR and GRANTEE agree as follows: 1. CONSIDERATION AND PROPERTY: In consideration of the suni of fifty thousand dollars ($50,000) paid by GRANTEE to GRANTOR, receipt of which is hereby acknowledged by GRANTOR, GRANTOR hereby sells to GRANTEE, subject to conditions below, and GRANTEE purchases real property, . subject to conditions below (hereinafter "Subject Property"), situated in the County of Latah, State of Idaho, and legally described as follows: A parcel of land located in the southeast quarter of the northeast quarter of Section 7, .Township. 39 North,. Range 5 West of the Boise Meridian, Latah County, Idaho, described as follows: COMMENCING at the northeast comer of Section 7, from which the north quarter comer bears S 87°17'04'' E, 2643.50 feet; thence S 17°41 '03" W, 1945.51 feet to a • 1 point being ,the intersection of the south right of way line of Morton Street and the east right of way line of the former Burlington Northern Railroad; thence along said east right of way line S 00°46'42" E, 613.73 feet to a point on the east line of Parcel 1 described in Instrument No. 370444 and the POINT OF BEGINNING: Thence continuing along said east right of way line, S 00°46'42" E, 204.84 feet to the southeast comer of said parcel; Thence along the south line of said parcel, S 87°31 '06" W, 100.04 feet to the west line of said parcel and to the west right of way line of said railroad; Thence along said west line, N 00°46'42" W, 241.26 feet; Thence S 72°17'01" E, 105.44 feet to the POINT OF BEGINNING. Containing 0.51 acres, more or less. SUBJECT TO: The easements of Almon Street and the westerly extension of Street. AGREEMENT TO PURCHASE REAL PROPERTY ROGALSKI PAGE I OF 5 ---PAGE BREAK--- 2. TERMS AND CONDITIONS: This Agreement is subject to the following terms and conditions: 565133 That the purchase of the Subject Property described hereinabove is contingent on the following conditions being met on or before the closing date: A. That the Moscow City Council formally accept and approve a formal Agreement To Purchase Real Property in a public meeting; B. GRANTEE be granted approval and access to the Subject Property to complete a Phase I environmental assessment of the Subject Property and to conduct property boundary surveys necessary to establish the legal description of the Subject Property to be purchased; C. That the acceptance of GRANTEE's offer to purchase the Subject Property be valid for a period of not less than ninety (90) days from the date of execution of this Agreement to complete the Phase I assessment and prepare the purchase documents; D. GRANTOR shall have full use of the Subject Property until all of the terms and conditions contained within this Agreement have been fully exercised by GRANTEE; and E. GRANTOR shall pay all taxes due on the Subject Property until the closing date of this transaction. 3. PURCHASE PRICE: The total purchase price of the Subject Property shall be the sum of fifty thousand dollars ($50,000). 4. OTHER CONDITIONS OF SALE: A: Title to the Subject Property is to be conveyed by Warranty Deed and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights-of-way and easements of record. There are no liens, encumbrances or defects which are to be discharged or assumed by GRANTEE and title to Subject Property shall not be subject to any such liens or encumbrances or defects. B. Upon setting of the closing date by GRANTEE, GRANTOR shall immediately, at GRANTEE'S expense, apply for a preliminary commitment for a standard form Purchaser's policy of title insurance to be issued through Latah Title Company. Said AGREEMENT TO PURCHASE REAL PROPERTY ROGALSKJ PAGE20F 5 ---PAGE BREAK--- 565133 preliminary commitment and the title policy to be issued shall contain no exceptions other than those provided in said standard form and those noted in paragraph 4.A. hereof. If title cannot be made so insurable prior to the closing date, this Agreement is voidable at the option of GRANTEE. C. It is hereby agreed that the "closing agent" for the purchase of the Subject Property shall be Latah Title Company. D. On or before the closing date, GRANTOR and GRANTEE shall deposit with the closing agent all funds and instruments necessary to complete the sale. E. GRANTOR shall deliver possession to GRANTEE at time of closing without restrictions, covenants, or other encumbrances. Closing means the date on which all documents are recorded and the sale proceeds are available to GRANTOR. F. GRANTEE and GRANTOR shall each pay one half (1/2) of the escrow fees charged by the Title Company. The GRANTOR will pay any special assessments at closing. Water and sewer shall be prorated, if any. Property taxes and utility charges will be prorated to the date of Closing. Each party will pay their own legal fees. Additional GRANTOR closing costs shall be: i. Owner's Title Insurance Policy. ii. Any outstanding Special Assessments encumbering the Subject Property. iii. Recording of General Warranty Deed. iv. Real estate brokerage commission. 5. OTHER PROVISIONS: A. REPRESENTATION CONFIRMATION. The brokerage(s) involved has the following relationship. The brokerage working with the GRANTOR(s) is acting as an AGENT for the GRANTOR(s). The brokerage working with the GRANTEE(s) is a NON-AGENT for the GRANTEE(s). Each party signing this document confirms that he has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho real estate commission and has consented to the relationship confirmed above. In addition, each party confirms that the brokerage's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE IS NOT REPRESENTED BY A BROKERAGE UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. AGREEMENT TO PURCHASE REAL PROPERTY ROGALSKI PAGE3 OF 5 ---PAGE BREAK--- 565133 B. GRANTEE shall have the right to enter the Subject Property for inspection, investigation, surveying, Phase I environmental assessment, and other testing of the Subject Property at reasonable times during the life of this Agreement. C. GRANTEE shall be responsible for any necessary governmental approvals to legally divide the proposed purchase area and for any costs associated with such approvals. D. Should the Subject Property or any improvement thereon be materially damaged by GRANTOR prior to closing this sale, this Agreement is voidable at the option of GRANTEE. E. In the event of default by either of the paiiies in their performance of the terms and conditions of this Agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non-defaulting party except as otherwise provided in this Agreement. F. The parties agree that should any provision of this Agreement be litigated in the future, the prevailing party will be entitled to reasonable attorney's fees and costs. Venue for any such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. G. Time is of the essence in the performance of this Agreement. H. , This Agreement, unless expressly stated otherwise herein, is the final Agreement and shall be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. I. This Agreement constitutes the entire Agreement between the parties regarding the Subject Property. IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Agreement the day and year first set forth above. GRANTOR: Ms. Helene Rogalski AGREEMENT TO PURCHASE REAL PROPERTY ROGALSKI GRANTEE: City of Moscow, Idaho Bill Lambert, Mayor PAGE4 OF 5 ---PAGE BREAK--- ,·at Mo.s'· CI · ···Co · . . ' * ,c,oRPORATEo . . i JULY 12 } * STA TE OF IDAHO ) ) SS County of Latah ) 1887 ACKNOWLEDGMENT On this:::.:!;2 day of /J p , 2014, before me, a Notary Public in and for said State, appeared Helene Rogals to me to be the person named above and acknowledged that she executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Agreement to bind the Property, and does so at her own free will. \\\\\\l\llfL 0 3 1/1.1. 2 .N6 -<.si 9 l. - 7 \8 ..LP- § O · 5 - ? @ o , "a n oi { 0 - 1 Notď1?' Pu . c in and for the Sta_te ofldaho J 0 I Res1dmg at. G 6 4 A V B Đ My Commission Expires: f-77 J H ' 3 IV.38 ·1 r. KL '1111111 !111 1 1 565133 AGREEMENT TO PuRCHASE REAL PROPERTY ROGALSKI PAGE 5 OF 5