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HomeMy WebLinkAboutPurchase and Sale Agreement with Howell-Murdoch for Police StationI -. _'~-. • COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT Q REALTOR® THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, READ THE ENTIRE DOCUMENT, INCLUDING THE Eo"w GENERAL PRINTED PROVISIONS AND ATTACHMENTS. IF YOU HAVE ANY QUESTIONS BEFORE SIGNING, C-iONTIIMITY CONSULT YOUR ATTORNEY AND/OR ACCOUNTANT. s 57176 7 ID# DATE 12-2-99 a 1. REAL ESTATE OFFICES: s Listing Agency Diamond Properties Selling Agency Diamond Properties 10 11 Listing Agent Name Dave Williams Selling Agent Name Dave W i 11 i ams 1z 13 Phone # (Office) 3 7 6- 9 9 5 5 (Home) 3 7 6 -1131 Phone # (Office) 3 7 6- 9 9 5 5 (Home) 3 7 6 -1131 1a 2. REPRESENTATION CONFIRMATION: 1s 1s In this transaction, the Brokerage(s) involved had the following relationship(s) with the BUYER ("agent" or "nonagent" or "limited dual agent"): 17 1a Listing Broker acted asa(n) Llmlted Dual Agent For the Buyer. 1s zo Selling Broker acted asa(n) Limited Dual Agent For the Buyer. 21 22 In this transaction, the Brokerage(s) involved had the following relationship(s) with the SELLER ("agent" or "nonagent" or "limited dual agent"): 23 2a Listing Broker acted asa(n) Llmlted Dual Agent For the Seller. zs Limited Dual A ent 2s Selling Broker acted as a(n) g For the Seller. 27 Each party signing this document confirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the 2a relationship confirmed above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH 2s PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN 3o AGREEMENT FOR AGENCY REPRESENTATION. Each party signing this document understands that the above confirmation DOES NOT create an 31 agency relationship between the Broker(s) and the BUYER(S)/SELLER(S) and they are a CUSTOMER and NOT REPRESENTED by a Broker UNLESS 32 there is a SEPARATE signed written agreement as required by Idaho statute to create that relationship. 33 3a 3. BUYER: CITY OF MERIDIAN 35 (hereinafter 3s called "BUYER") agrees to purchase and the undersigned SELLER agrees to sell the following described real estate hereinafter referred to as "Property." 37 4. PROPERTY ADDRESS AND LEGAL DESCRIPTION: The Property commonly known as 10-Acres of ~a.re 3a around (see attached. plat) city of Meridian 3s County of A~3a ,Idaho legally described as: Tn hP cnrvP~Prf and 1Pga1 to hP attar-hPd, ao 41 az 5. PRICE/TERMS: Total Purchase Price is Eight Hundred Five Thousan~ollars( 805.860.00 ). 43 a) $ 8 0 5 , 8 6 0 . 0 0 cash down payment, including Earnest Money deposit. as b) $ Balance of the purchase price to be paid as follows: as as 47 as 6. EARNEST MONEY: as a) Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of F l ve Th0 U S a n d Dollars and PJo ~ 10 0 so Dollars ($ 5 , 000.00 ). Evidenced by: ^ Cash I$Check ^ Cashier's Check ^ Note or s1 b) Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held byD ]. am0 ri d P r O~ e r t 1 e for the s2 benefit of the parties hereto. The responsible Broker shall be Dave Wi 11 i ams Di amorid PYOpert i es s3 7. INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dish(es) and receiving equipment, attached plumbing, bathroom 54 and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbery, water heating ss apparatus and fixtures, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all other ss ranges), fuel tanks and irrigation fixtures and equipment, and any and all, if any, water and water rights, and any and all, if any, ditches and ditch rights that s7 are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. sa Other items specifically included in this sale: Survey ss Items specifically excluded in this sale: so s1 s2 s3 Buyer d Sell c nowledge receipt of copy of this page, which constit tes Page 1 of 3 Pages. sa BUYER's Initials Date ~ SELLER's Initials ~~Date a 2 - L ~ • ~ tf ~S ss This form is printed and distributed by the Idaho Association of REALTORS, Inc. / Ada County Association of REALTORS®, Inc. This form has been designed s7 for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association ss of REALTORS®. ss USE BY ANY OTHER PERSON IS PROHIBITED. ~o Copyright Idaho Association of REALTORS®, Inc. / Ada County Association of REALTORS, Inc. All rights reserved. 71 C-RE 21 revised August 1999 ~2 Page 1 of 3 >-~ 73 74 7s 7s 77 78 7s ao s1 az 83 sa a5 as e7 88 as 90 s1 sz 93 sa ss ss s7 98 ss 100 101 1oz 103 1oa 1os 1os 107 1oa 1os 110 111 11z 113 11a 115 us 117 us 11s 1zo 121 1z2 123 1za 1zs 12s 127 128 1zs 130 131 132 133 134 135 136 137 138 139 140 1a1 1a2 143 PROPERTY ADDRESS: Lecfal to be attached ID# 5717.6 8. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: Buller to have SuhiPr-t nrnr~art.v C1lY~TPVAfa +-n X1,0 ~~+;~~~.,~;..~ ,,~ i-.,.~i.. _rialnt of wav for the extension of E ~M11a ow r r t Sr~l 1 Pr to rnvi r3P a r-~,~r _pf t,ha C1lY~TP~ t„LL$uT~IY ~}fa_~~~]~' tea„ ~ '2 e~ Buyer will have until 1- 7 - 0 0 to satis y or waive all conditions and/or contingencies. 9. TITLE COMPANY/CLOSING AGENCY: a) The parties agree that T r a n ~ n a t i nn Title Company shall provide any required Title Policy and preliminary report of commitment. b) The Closing Agency for this transaction shall be T r an S n a t 1 o ri Each party agrees to pay one-half of the Closing Agency's fee. 10. TITLE INSURANCE: ^ BUYER 13~ SELLER to pay fora standard Owner's or Purchaser's Title Policy premium in this transaction. Purchaser's Extended Coverage Title Policy requested ^ Yes ~7 No. Additional premium to be paid by~J BUYER ^ SELLER. Title Company to provide all parties to this Agreement with a preliminary Title Report on or before 1 2 - 2 3 - 9 9 Buyer shall have untill - 3 - O O to object in writing to the condition of the title as set forth in the report. In the event Buyer makes written objection to the title, Seller shall have a reasonable time, not to exceed 5' business day(s), to cure any defects of title or provide affirmative Title Insurance coverage. Buyer may elect, as its sole remedy, to either terminate this Agreement or cure the defects at Buyer's expense, or proceed to closing, taking title subject to such defects. If Buyer does not so object, Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate the Agreement due to unsatisfactory title conditions, Buyer shall be entitled to the return of all refundable deposits made by him but that such return of deposits shall not constitute a waiver of other remedies available to Buyer. The final Title Insurance policy shall be delivered to Buyer by the Title Company as soon as possible after closing. 11. ESCROW/COLLECTION: If along-term escrow/collection is involved, then the escrow/collection holder shall be N/A Each party agrees to pay one-half of escrow/collection fees. 12. CLOSING DATE: On or before the closing date, Buyer and Seller shall deposit with the Closing Agency all funds and instruments necessary to complete the sale. The closing date shall be no later than 1-14-00 "Closing Date" means the date on which all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. 13. POSSESSION/PRORATION: Buyer shall be entitled to possession on the day of closing or 1-14-00 . Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or obligations assumed and utilities shall be prorated as of the day of closing or / - / ~{ -C~ ~ Any tenant deposits held by Seller shall be credited to Buyer at closing. 14. DEFAULT: If Buyer defaults in the performance of this Agreement, Seller has the option: (1) accepting the Earnest Money as liquidated damages or (2) pursuing any other lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under (1 ), Seller shall make demand upon the holder of the Earnest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection fees and attorneys fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Seller's Broker, provided that the amount to be paid to Seller's Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically acknowledge and agree that if Seller elects to accept the Earnest Money as liquidated damages, such shall be Seller's sole and exclusive remedy, and such shall not be considered a penalty or forfeiture. If Seller elects to proceed under (2), the holder of the Eamest Money shall be entitled to pay the costs incurred by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of Brokerage fee, title insurance, escrow fees, credit report fees, inspection fees and attomeys fees, with any balance of the Earnest Money to be held pending resolution of the matter. If Seller defaults, having approved said sale and fails to consummate the same as herein agreed, Buyer's Earnest Money deposit shall be returned to him/her and Seller shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, Brokerage fees and attorney's fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled. 15. ATTORNEY'S FEES: If either party initiates or defends any arbitration or legal action or proceedings, which are in any way connected with this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party reasonable costs and attorney's fees, including such costs and fees on appeal. 16. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Seller agree that in the event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are received by the holder of the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await any proceeding, or at Broker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorneys fees. 17. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty deed or deed, and is to be marketable and insurable except for rights reserved in federal patents, building or use restrictions, building and zonin regulations and ordinances of any governmental unit, rights of way and easements established or of record and any other liens, encumbrances or defec s approved by Buyer. 18. RISK OF LOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to closing by Agreement, this Agreement shall be voidable at the option of Buyer. Buye and Sell cj~nowledge receipt f copy of this page, which constitut s Page 2 of 3 Pages. BUYER's Initials 6tt,, Date ~- ! SELLER's Initials ~k;j, Lam, Date 12 ~ Z/ - `/ This form is printed and distributed by the Idaho Association of R AL OR , Inc. / Ada County Ass ciation of REALTORS®, Inc. This form has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS®,Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. C-RE 21 revised August 1999 Page 2 of 3 ,!- ., 144 145 146 147 148 1as 150 1s1 1s2 153 1sa 1ss 1ss 157 158 1ss 1so 1s1 162 163 164 165 166 167 168 1ss no m 17z 173 na 17s 176 177 178 ns 1so 181 162 183 184 185 1as 167 188 1ss 190 191 1sz 193 194 195 1ss 1s7 1sa 1ss 200 zo1 zoz 203 204 2os 2os zo7 zoa 2os z1o 211 212 213 z1a PROPERTY ADDRESS: Legal to be attached ID# 5 717 6 19. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as-is-condition, where is, with all faults. Buyer will assume all obligations with respect to the Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and tear excepted, and loss by casualty. The heating, ventilating, air conditioning, plumbing, elevators, loading doors and electrical systems shall be in present operating order and condition at the time of closing, unless otherwise agreed to in writing. 20. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker or Broker's representatives or by Seller which are not herein expressed. Buyer has entered into this Agreement relying upon information and knowledge obtained from Buyer's own investigation or personal inspection of the Property. 21. ADDITIONAL ,P~iOVISIONS: Additional rovisions of this Real Estate Purcha~s3e nd Sale Agreement, if any, are attached hereto by an Addendum consisting of ~ page(s). ~~SC( x.1`7 b~.,i ~2~ 7 jZ~ 7~ 7 22. NOTARY PUBLIC: It is recommended signatures be notarized with a notary statement attached hereto. 23. ENTIRE AGREEMENT: This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties and no warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein set forth. 24. TIME IS OF THE ESSENCE IN THIS AGREEMENT. 25. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) 1 2 -1 3 - 9 9 and (Time)6 : 00 . If Seller does not accept this Agreement within the time specified, the entire Earnest Money shall be refunded to Buyer on demand. pM 26. OTHER TERMS: Buyer herein acknowledctes that it may be the intention of the 27. BUYER'S SIGNATURES. ~PSalcv>`i`~ X277 l2 ~-7- yy .~ BUYER'S SIGNATU SUBJECT TO ATTACHED BUYERS' ADDENDUM(S): ¢S- (Specify nu er of BUYER addendum(s) attached.) ~ ~~~ - ~~~ BUYER Signature --~~J7Q~C ~~.tit.c-L- R Signature ~/s~"~' ~ ~ ~-- BUYER (Print Name) CITY OF MERIDIAN - ~~~mf BUYER (Print Name) r~'r' Date Time ~C:Y7 Phone#~S~S)S'tlµ3 ~ Date IZ'l~'~~~ Time o'-~!~'Phone#_ Address 3 3 L-~ l r~F}it o ~c~e,vy ~ Address City ~ ~.~ n ; n n-1 State J.-~/~,~f e Zip _ ~r 3 ~~ ~ City State Zip 28. SELLER'S SIGNATURES: On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the part of the Seller. I/We further acknowledge receipt of a true copy of this Agreement signed by both parties. ^ SELLER'S SIGNATURES SUBJECT TO ATTACHED COUNTER OFFER ^ SEE ATTACHED COUNTER OFFER ^ SELLER'S SIGNATURES SUBJECT TO ATTACHED SELLER ADDENDUM/AMENDMENT SEE ATTACHED ADDENDUM/AMENDMENT ^ SELLER'S SIGNA URES SUBJECT TO ATTA~ED "SEDERS R~H,Z TO CONTIIyUE TO MARKET PREMISES" ADDENDUM c ~.:.~1(- G?'I u.rc~ • ~J / rs~.r ~ or ~ BLc SELLER Signature '/ ~ ~ sfS LLER Signature SELLER (Print Name) ~jU /~S ~+ ~ ~ I~ f-~t~:•V ~~~- d^~oS.,CXN./fT SELLER (Print Name) Date l 2 1-/ .- 7 ~ ~ ~ ~ _ !~ Time _ _ld ' ~ ~ ~ Date Time Address ,_/f~~7 ~(~~ ~ t.~i~ ~ ~ ~. Z~ J Address City ~ c:uY.~L State Zip ~'rs7a~ City State Zip Hm. Ph. $,~~~~ Bus. Ph. ~ Hm. Ph. Bus. Ph. 9~ - p~' V ' Ge.~/ 29. BUYER'S ACKNOWLEDGMENT OF RECEIPT OF FINAL COPY BEARING ALL SIGNATURES: A true copy of the foregoing Agreement, signed by the SELLER and containing the full and complete description of the premises, is hereby received on Date Time BUYER Buye d Sell k wledge rec ipt f copy of this page, which constitut s Page 3 of 3 Pages. BUYER's Initials ~ Date / SELLER's Initials ~~ Date J 2 -L / - ~' ~ This form is printed and distributed by the Idaho Association of REALTORS®,Inc. / Ada County Association of REALTORS®, Inc. This form has been designed for and is provided only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS®. USE BY ANY OTHER PERSON IS PROHIBITED. Copyright Idaho Association of REALTORS®,Inc. / Ada County Association of REALTORS®, Inc. All rights reserved. C-RE 21 revised August 1999 Page 3 of 3 ~, RESOLUTION NO 2 7 BY: ~n ~~i e ~~~~:~~1''ez- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID 1VIUNICIPALITY, AN AGREEMENT ENTITLED "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to make an OFFER FOR THE PURCHASE OF A 10 ACRE. SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, denoted as "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with DAVE WILLIAMS, DBA DIAMOND RESOLUTION -DAVE WILLIAMS DBA DIAMOND PROPERTIES -PAGE 1 OF2 FOR NEW POLICE STATION AND OTHER PUBLIC USE PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, entitled "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176 ", by and between the City of Meridian and DAV E WILLIANIS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #51118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of GQl~n ~Gti , 1999. PPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~G~-- , 1999. a ~=~ lit.-~ OR ATTEST: ^',`,``;~~~~~~~t~i:~~Jf`J'I~ q I CITY CLERK S~~Ia ~~ o~ ~T ,® `, ,,~ , ~ e~,1 ^~ \`~ ~~~,:.s„f r:a,aa~o~~t Z:\Worlc\M\Meridian 15360M\Administration\RESOLUTIONtwoPoliceStation.Agt RESOLUTION -DAVE WILLIAMS DBA DIAMOND PROPERTIES -PAGE 20F2 FOR NEW POLICE STATION AND OTHER PUBLIC USE CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN 1, the undersigned, do hereby certify: That I am the duly appointed and elected Clerlc of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and inutes and do hereby certify that on the ~ day of C /n rt. , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "COMMERCIAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT ID #57176", BY AND BETWEEN THE CITY OF MERIDIAN AND DAVE WILLIAMS, DBA DIAMOND PROPERTIES TO EFFECT THE OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to make an OFFER FOR THE PURCHASE OF A 10 ACRE SITE OF BARE GROUND DESIGNATED AS ADA COUNTY PARCEL #S 1118141900 SUBJECT TO THE TERMS AND CONDITIONS STATED THEREIN AND WITH THE PROVISION THAT THE CITY SHALL RETAIN THE RIGHT TO PERFORM A DUE DILIGENCE REVIEW TO INCLUDE THE ENVIRONMENTAL CONDITION OF CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN - 1 •~ .. ~~ 8~ m ~~~ g~ 0 ~$ n ~ O ~Z N O ~ ym $~w n~ . --i T _ p~~ ~ ~ ~ V W 8N ~ ~ r ~ ~ ~. ~ O~Z ~~ w ~jDZ ~ Z O S~ ~~ ~~~ m~ ~ ~~ ° ~ ~~ g ~ .~ ~ ~~~ ~~ ~, ~ $~ o °1 ~ ~ .\ ,~\ ~ . .c 4 ~~ ~c~ ,; %~ b..J3 r ~ ~~l `? ``L/ ~~/i// ~1~ tE~ i 0 ~1 ~~ s~ ~ ~~~ ~~ ~ ~~ ~ O o~ ~°s ~~~ ~~ m °~ ~°°s ~~ ~ ~~° ~ s ~~~ o~ ~~~ r ~~~ \\~~j ~~~ \ '\\~ ~ ~ ~~! ~~~~~ ~ a'~`~ V~~V~_ ~ ~ .~ ~ ~ ~ ? '~ ~ ~ ~ O . ~\ N ~ ~ ~~ ,,` ~ ~~ ~ ° ,\ ,~ ~ z ~, ~~~ ~~ '~ '~, m ~ n ~ A. ~, ~ `~~, ~~ ~ V ~. ~~ ~ _~ ~' '' `D ~ ~~ ~ ~ ~ ~~ ~ ~ O A ~ ~ i ~~ ~~ `.~~ ~ ~ ~~ ~ rn ` ~ , A~~ i~ V ~V ~ \ ~ ~ ~ ~,~ . , ,, ~\ \ ~~\~ ~ n ~~ ~ `h' \.\\ ~\~ `~ ~~` I ~ ~\'~~~I ~~~ ~\~ ~ ' ~ ~ \' \ ~~~ '~. ~~~ ~~ ~a ~ ~ no ~~~ i ~~. \ ~ ~ \ ~ ., ~ ~ ~`. ~\ ~`~\ `\,\\~\ i ~ \ ~ \~\~ ~ ~\ r ~ O ~ ~ ~ D 0 z a a ~~ m ~^ ~n~~ y z o ~ °Z" y ~ ~' ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ m ° m _ nO ~Or~ yZrr*t ~ ~ ~ O °~~~ m ~ o ~~r2 ~ ~ C ~ZO~ -t m cn .: < ~ ~ u ~ ~.7 ~~ ~ ~ o 0 ~N ~ m~ y m V II II ti ~oC o n n o ti o ~~ n= m ~ 00 ~ ~ m z "' ~' ~ ~ Z~~ Z ~ m "' D c m D _ r 7~7 C c m ~ D r^^ r vJ ~ J \ T `1 0 z y ~7 C m o m '~ n _ m z o ~j z ^ D ~ S . 2 II ~ V = ~ ~ n _ rv ^' ~ °~ n o.. r m • ~~ 0 o ,•-~ ~ ~ C,v _, ? DEVELOPMENT AGREEMENT ADDENDUM TO PURCHASE AND SALE AGREEMENT #57176 BUYER: City of Meridian. SELLER: Howell-Murdoch Development Corporation, an Idaho Corporation. SELLING AGENCY: Diamond Properties, Dave Williams, agent. WITNESSETH For good and valuable consideration, the receipt of which is hereby acknowledged, it is understood and agreed between the parties as follows: 1 . Addendum: That this Development Agreement is an addendum to the parties 12-2-99 Purchase and Sale Agreement #57176 ("Purchase Agreement") which was approved by the Buyer in City Council Resolution 277 on the 7t" day of December, 1999 and executed by the Buyer on the 14t" day of December, 1 999. This Purchase Agreement was executed by the Seller on the ~ S~day of December, 1999. 2. Addendum Effective Date: This Addendum to the Purchase Agreement shall become effective on the date of the closing of the transaction referred to in the Purchase Agreement and transfer of the deed to Buyer. In the event that the transaction fails to close then this Addendum shall have no force or effect. 3. Platting of Seller's Other Property; Dedication of Public Roadway: Seller owns adjacent property (approximately 10 acres) to the property the City is purchasing (which property is 1 ,013 feet by 430 feet) It is agreed that Seller, at Seller's expense, shall plat Sellers other property together with the Northern 29 feet of the City's property (for the public roadway) and shall submit that plat for City approval no later than the second anniversary of the closing of City's property referred to in the Purchase Agreement. The City shall join in that plat, and execute such other documents as necessary for the dedication of the public roadway. This public roadway shall be composed of the northern 29 feet of the City's property and the southern 29 feet of the Seller's property adjacent to the City's property. (Upon dedication this public roadway will be owned and operated by ACHD.) Seller agrees that the engineer of Seller shall consult with and keep the engineer for the City of