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AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN CITY OF MOSCOW, IDAHO AND GODFREY FAMILY LIMITED PARTNERSHIP . This Agreement To Purchase Real Property ("Agreement") is entered into this day of , 2009 by and between Godfrey Family Limited Partnership, by Jake Jabbora (hereiafter "GRANTOR") and City of Moscow, Idaho, 206 East Third Street, Moscow, Idaho, 83843, a municipal corporation of the State ofldaho (hereinafter "GRANTEE"). 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 Twenty Seven Thousand Two Hundred Ten and No/One Hundredths Dollars ($27,210.00) paid by GRANTEE to GRANTOR, receipt of which is hereby acknowledged by GRANTOR, GRANTOR hereby grants unto GRANTEE, the right to purchase real property ("Property") situated in the County of Latah, State ofldaho, and more particularly described as follows: A parcel ef land located in Lot 26 of Section 16, Township 39 North, Range 5 West of the Boise Meridian, Latah County, Idaho described as follows: COMMENCING at the southwest corner of the Monte Vista Addition to the City of Moscow, said point also being on the north line of said Lot 26, thence along said north line, N 89°46'50" W, 130.58 feet, to the POINT OF BEGINNING; Thence S 53°30'23" W, 240.84 feet, to the west line of said Lot 26; Thence along said west line, N 00°36'28" E, 140.14 feet to the south line of the Petersen Addition to the City of Moscow; Thence along said south line, N 89°29'17" E, 65.43 feet to the southeast corner of said Petersen Addition; Thence along the east line thereof, N 00°01' 17" E, 3.01 feet, to the north line of said Lot 26; Thence along said north line, S 89°46'50" E, 126.71 feet, to the POINT OF BEGINNING. Containing 13605 Square Feet, more or less. 2. TERMS AND CONDITIONS: This Agreement is subject to the following terms and conditions: AGREEMENT TO PURCHASE REAL PROPERTY GODFREY FAMILY LIMITED PARTNERSHIP PAGE 1 OF4 ---PAGE BREAK--- A. GRANTOR shall have full use of the Property until all of the tenus and conditions contained within this Agreement have been fully exercised by GRANTEE. B. GRANTOR shall pay all taxes due through and including December 31, 2009. 3. PURCHASE PRICE: The total purchase price of the Property shall be the sum of Twenty Seven Thousand Two Hundred Ten and No/One Hundredths Dollars ($27,210.00). 4. OTHER CONDITIONS OF SALE: A. Title to the 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 govemmental 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 Property shall not be subject to any such liens or encumbrances or defects. A. 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 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. B. It is hereby agreed that the "closing agent" for the purchase of the Property shall be Latah Title Company. C. On or before the closing date, GRANTOR and GRANTEE shall deposit with the closing agent all funds and instruments necessary to complete the sale. D. 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 shall pay closing fees. Taxes owing shall be prorated as of January 1, 2009. 5. OTHER PROVISIONS: A. GRANTEE shall have the right to enter the Property for inspection, investigation, surveying, geotechnical work, and testing of the Property at reasonable times during the life of this Agreement. AGREEMENT TO PURCHASE REAL PROPERTY GODFREY FAMILY LIMITED PARTNERSHIP PAGE20F4 ---PAGE BREAK--- B. Should the Property or any improvement thereon be materially damaged by GRANTOR prior to closing this sale, this Agreement is voidable at the option of GRANTEE. C. In the event of default by either of the parties in their performance of the te1ms 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. D. 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. E. Time is of the essence in the performance of this Agreement. F. 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. G. GRANTEE has viewed the Property and accepts it in an "as is" condition as of the date of the execution of this Agreement. H. This Agreement constitutes the entire Agreement between the parties regarding the Property. IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Agreement the day and year first set forth above. GRANTOR: Godfrey Family Limited Partnership AGREEMENT TO PURCHASE REAL PROPERTY GODFREY FAMILY LIMITED PARTNERSHIP GRANTEE: City of Moscow, Idaho PAGE3 OF4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this day of AtAgusi , 2009, before me, a Notary Public in and for said State, appeared Jake J abbora, GRANTOR, known to me to be the person named above and acknow I edged to me that he executed the foregoing document as an authorized representative of Godfrey Fan1ily Limited Partnership, with full legal authority to bind such Partnership. CAlliE A. BROWN NOTARY PUBLIC STATE OF IDAHO AGREEMENT TO PURCHASE REAL PROPERTY GODFREY FAMILY LIMITED PARTNERSHIP Notary Public in and for the State of Idaho Residing at: M o 5 c.o W 1 I 0 My Commission Expires: & I 15/lOI?; PAGE40F4