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Agreement to Purchase Real Property with Betty Thierhause for Generations PlazaAGREEMENT TO PURCHASE REAL PROPERTY PARTIES: 1. City of Meridian / Buyer 2. Betty Thierhause / Seller THIS AGREEMENT TO PURCHASE REAL PROPERTY (this "Agreement"), is made and entered into this day of 1999, by and between CITY OF MERIDIAN, a municipal rporation of the State of Idaho, hereafter called "MERIDIAN", and BETTY THIERHAUSE, hereinafter called "THIERHAUSE". whose address is 3567 North Dalton Lane, Boise, Idaho 83704. 1. RECITALS: 1.1 WHEREAS, Betty Thierhause is the owner of the Thierhause Real Property, hereinafter described, which CM J abuts the Meridian real property to the north and east, which has been developed by Meridian as Generations CD Plaza Park; and LU CI 1.2 WHEREAS, the City of Meridian is desirous of obtaining C.1 the Thierhause Real Property to enable the City to expand t.') L u the Generations Plaza Park; and 1.3 WHEREAS, Betty Thierhause is willing to sell and transfer her right of title and interest in and to the Thierhause Real Property to the City of Meridian for the cc W N sum of hereinafter stated, upon the condition that the City cc -' of Meridian use, develop and occupy said property as a park/plaza for public purposes, which the City of Meridian �- agrees to as a condition of transfer; and c->ta� o E>QC -; CN 1.4 WHEREAS, Betty Thierhause is willing to transfer the < e Thierhause Real Property for the sum of FORTY FIVE THOUSAND AND NO/100ths DOLLARS ($45,000.00) for the purchase of the Real Property, and the reimbursement for the appraisal fee in the amount of ONE THOUSAND FIVE HUNDRED AND NO/100ths DOLLARS ($1,500.00) with the understanding that the City of Meridian is a qualified organization under 26 USCS § 170(c) (1) [Internal Revenue Code], and that she will seek to file a Form 8283, Noncash Charitable AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - I Contributions, with the Internal Revenue Service for the purpose of claiming a charitable deduction for the difference in the actual value of the Real Property and the sales price herein provided for, and the City of Meridian agrees to complete any portion of said form required of it to assist the filing of the same as requested by Betty Thierhause. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CLOSING": means and refers to the date upon which this transaction shall be completed at the "Closing Agent" which is scheduled for the 3rd day of November, 1999. 3.2 "CLOSING AGENT": means and refers to White, Peterson, Pruss, Morrow &. Gigray, P.A., attorneys at law at their offices at 200 East Carlton Avenue, Suite 31, Meridian, Idaho 83642. 3.3 "MERIDIAN": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.4 "REAL PROPERTY": means and refers to that certain parcel of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - 2 3.5 "THIERHAUSE": means and refers to Betty Thierhause, whose address is 3567 North Dalton Lane, Boise, Idaho 83704, the party transferring said "Real Property". 4. TERMS OF SALE: 4.1 WHEREAS, "Thierhause" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Real Property"; and 4.2 WHEREAS, "Thierhause" shall transfer, at "Closing", good and sufficient legal title of the "Thierhause" "Real Property" by Warranty Deed to "Meridian", subject to and upon the condition that "Meridian" will use, develop and occupy said property as a park/plaza for public purposes; and 4.3 "Meridian" shall pay, at closing, the sum of FORTY FIVE THOUSAND AND NO/100ths DOLLARS ($45,000.00) for the purchase of the Real Property, and the reimbursement for the appraisal fee in the amount of ONE THOUSAND FIVE HUNDRED AND NO/ 100ths DOLLARS ($1,500.00) to "Thierhause" as for consideration for the transfer of the "Thierhause" "Real Property"; and 4.4 "Meridian" shall pay for all "Closing Costs" and title insurance of the "Closing Agent" for the closing of this matter; and 4.5 "Thierhause" shall pay all taxes and assessments pro rated to the date of closing on the "Thierhause" "Real Property" and "Meridian" shall assume and pay all taxes and assessments subsequent to the date of closing. 5. EFFECTIVE DATE OF AGREEMENT: This agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Cleric. AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: CITY CLERK9, BY RESOLUTION NO._Zf—�;' SELLER BY:Z J. 4 ' B THIERHAUSE CITY OF MERIDIAN mMw &OR ROBERT D. CORRIE \�\�OF ME%StiffiYPPP•filJ1J0 \\ BEAL ey/Z:\Work\M\Meridian 15360M\Thierhouse Property\AgmtPurchaseRealProp AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - 4 STATE OF IDAHO ss COUNTY OF ADA) n his da of , in the year 1999, before me, l a Notary Public, personally appeared Betty Thierhause, kno o identified to me to be the person who executed the instrument and acknowledge to me having executed the same. Notary Pu isVr Io ;Y �_ _ •. Commission expir s: ,: STATE OF IDAHO 1 :ss County of Ada ) On this day of , in the year/�?1 before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. Notary Publicf�f Id; Commission e ares: AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - 5 EXHIBIT A Legal Description The North Half of Lots 1 and 2, and all of Lot 3 in Block S of THE AMENDED PLAT OF THE ORIGINAL TOWNSITE OF MERIDIAN, according to the Official Plat thereof, filed in Book 1 of Plats at Page(s) 30, records of Ada County, Idaho. AGREEMENT TO PURCHASE REAL PROPERTY CITY OF MERIDIAN AND BETTY THIERHAUSE - 6