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.584794 NO¸¹º» Ar Tl IE F1EOU!:::ST OF lf. itf: AGREEMENT TO PURCHASE REAL PROPERTY F , , 10 oui BETWEEN CITY OF MOSCOW, IDAHO AND MARK AND ROBYN PICA THIS AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN CITY OF MOSCOW, IDAHO AN¿ ARK AND ROBYN PICA (hereinafter "Agreement") is entered into this Ti, day of I L 2017 by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "GRANTEE"), and Mark and Robyn Pica, 10393 North Idaho Road, Post Falls, Idaho, 83854 (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 sum of sixty four thousand dollars ($64,000), paid by GRANTEE to GRANTOR, receipt of which is hereby acknowledged by GRANTOR, GRANTOR hereby sells to GRANTEE, and GRANTEE purchases real property, commonly known as Tract of GRANTOR's Picabu Estate Subdivision, located at 1250 Orchard Avenue in Moscow (hereinafter "Subject Property"), situated in the County of Latah, State of Idaho. 2. TERMS AND CONDITIONS: This Agreement is subject to the following terms and conditions: 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. GRANTOR represents that, to the best of GRANTOR's knowledge, no hazardous materials have been stored or spilled on the subject property during GRANTOR's ownership or during previous ownerships, at least insofar as has been observed or as GRANTOR has been informed. In the alternative, if GRANTOR has knowledge of storage or spill of hazardous materials on the subject property, that information is set out below. This sale is conditioned upon full disclosure of any such information. 3. PURCHASE PRICE: The total purchase price of the Subject Property shall be the sum of sixty four thousand dollars ($64,000). AGREEMENT TO PURCHASE REAL PROPERTY PICABU EST A TE SUBDIVISION; MARK AND ROBYN PICA PAGE 1 OF4 2017-034 ---PAGE BREAK--- 4. OTHER CONDITIONS OF SALE: 584?94 A. Title to the Subject Property is to be conveyed by Warranty Deed and is to be marketable and insurable. 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 preliminary commitment and the title policy to be issued shall contain no exceptions. 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. Each party will pay their own legal fees. Additional GRANTOR closing costs shall be: i. Owner's Title Insurance Policy. 11. 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 realtor involved has the following relationship. The realtor working with the GRANTOR(s) is acting as an AGENT for the GRANTOR(s). The realtor, if any, 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 AGREEMENT TO PURCHASE REAL PROPERTY PICABU ESTATE SUBDIVISION; MARK AND ROBYN PICA PAGE20F4 ---PAGE BREAK--- UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. B. GRANTEE shall have the right to enter the Subject Property for inspection, investigation, surveying, and other testing of the Subject Property at reasonable times during the life of this Agreement. C. 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. D. In the event of default by either of the parties 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. E. 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. F. Time is of the essence in the performance of this Agreement. G. 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. H. 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: GRANTEE: Mark and Robyn Pica City of Moscow, Idaho Roby PiCa AGREEMENT TO PURCHASE REAL PROPERTY PICABU ESTATE SUBDIVISION; MARK AND ROBYN PICA PAGE) OF4 ---PAGE BREAK--- ST A TE OF IDAHO ) ) SS County of Latah ) ACKNOWLEDGMENT On this J..f- r l \day of !ff Kl L , 2017, before me, a Notary Public in and for said State, appeared Mark Pica, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized Property Owner, and has full legal authority to enter into this Al!t«ltment to bind the Property, and does so at her own free will. m: ½,¾ . 2 ··no&-p 1 1 ,i Pl7 · t/Vt/vv-i Vv 8VJ!__ - % 5 0 TAR Jr \ ! l Public in and fOJ the" State of Idaho ; 3 : E at: !IV10._ qC.OL I - rDtf4-{0 . 4 \PUeL\C/ § My Commission Expires: .1/10/202.2 . . " ST; 1i:,Qj·Q$## County of Latah ) SS ) On this _Lday of L , 2017, before me, a Notary Public in and for said State, appeared Robyn Pica, known 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. Notary Public in and for the State of Idaho Residing at: /1tAQS"{ou. l . My Commission Expires!. 1 / 1 D /z:f 2 AGREEMENT TO PURCHASE REAL PROPERTY PICABU ESTATE SUBDIVISION; MARK AND ROBYN PICA PAGE40F4 ---PAGE BREAK--- l - nl - 1DA\l PubLtc WoYR.s • • • • Les MacDonald, P.E. Public Works Director • • • • Kevin Lilly, P.E. Deputy Director - Engineering City Engineer Tyler Palmer Deputy Director - Operations • • • • Bill Lambert Mayor • • • • Gary J. Riedner City Supervisor City of Moscow, City Hall 221 East 2nd Street P.O. Box 9203 Moscow ID 83843 Phone (208) 883-7034 Fax (208) 883-7033 City (208) 883-7000 Website: www.ci.moscow.id.us Hearing Impaired (208) 883-7019 March 24, 2017 Mark Pica Pica Construction l 0393 N. Idaho Rd. Post Falls, Idaho 83854 Project: PICABU ESTATES BOOSTER STATION DEVELOPER PARTICIPATION FUNDING Dear Mr. Pica: As part of the construction of the Picabo Estates Development, The City of Moscow will participate in the development by funding the cost of the water main construction, material upgrade, and pipe upsizing associated with the connection of the future City of Moscow booster satation on Tract A of Picabu Estates. The negotiated price for the work is hereby accepted in the amount of $38,000.00. A copy of the agreed project cost item list is attached. All work shall be completed in accordance with the project's Plans and Specifications and the City of Moscow Construction Standards. Please acknowledge acceptance of project conditions by signing below and returning to Sandra Collins, P.O. Box 9203, Moscow, ID 83843 at your earliest convenience. This document must be fully executed prior to beginning work. Contractor: Pica Construction By: Mark Pica, Owner Public Works Director City of Moscow PICABU ESTATES BOOSTER STATION DEVELOPER PARTICIPATION FUNDING CITY AND GERMER CONSTRUCTION PAGE 1OF1 ---PAGE BREAK--- p ICA CONSTRUCTION MARK AND llOBVN PICA-10393 N. IDAHO RD - POST FAUS, ID 83154 - (2111) 691-4577 -(2111) •1·2742 Submit To: !city Of Moscow Address: 1221 E Second St Moscow ID 83843 Phone: lt208) 883-7022 Description Bid Date: loctober 7, 2016 Project Location: 11200 Orchard Ave Moscow ID 83843 Project Name: !Pkabu Estates Bid 10" water main includes excavating, material and labor for three 10" butterfly valves and four 10" gate valves with 10" ductile pipe to Tract A at Picabu Estates per plan Cut 6" water main and replace fitting materials provided by water department Change 8" C900 To 10" Ductile Up Size Total Bid Total $41,941.62 Total $400.00 Total -$1,521.70 º,»¼ $36,000 Note: This price was renegotiated by Kevin Lilly and Mark Pica on 10-20-2016. Notes: Bid valid for 30 davs lndudes: All materials, material taxes, labor, and equipment to complete the Items of work listed above. Any alteration or deviation from specification above involving extra costs will be executed onlv upon written orders and will become an extra charge over and above the estimate. Payment Term Pavment is Net 30 days. Acceptance of Proposal- The above prices, speciftcations and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTED: Buyer: SJsnab"• Oate ofA CONFIRMED: Pica Construction Estimator: Mark Pica (208) 691-4577 signature: -y 2 _¹ Date: " /o - 7 -/fv 584794 ---PAGE BREAK--- Bob Buvel From: Sent: To: Subject: Bob, Kevin Lilly Thursday, October 20, 2016 4:57 PM Bob Buvel PicaBoo-ster Station 584794 Just to document, Mark Pica and I negotiated an amount of $38,000 for him to perform the work for the new booster station per your plan. Kevin Lilly, P.E. City of Moscow Public Works Deputy Director - Engineering "The forceps of our minds are clumsy things, and crush the truth a little in the course of taking hold of it." H. G. Wells 1