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CITY <br /> REAL ESTATE PURCHASE AND SALE AGREEMENT <br /> This Real Estate Purchase and Sale Agreement (the "Agreement") is entered into <br /> by and between Jon R. Clark ("Seller") and the City of Everett, a Washington municipal <br /> corporation ("Buyer"). <br /> Seller and Buyer agree as follows: <br /> 1. Property. Seller agrees to sell and convey to Buyer and Buyer agrees to <br /> purchase from Seller, subject to the terms and conditions set forth in this Agreement, the <br /> following: <br /> a) Real property <br /> The real property located in Snohomish County, Washington, legally <br /> described as set forth on Exhibit A attached hereto, together with all Seller's right, title <br /> and interest in and to any rights, licenses, privileges, reversions and easements pertinent <br /> to the real property, including, without limitation all development rights, air rights, and <br /> water rights relating to the real property, and all rights to utilities serving the property, as <br /> well as any other easements, rights of way or appurtenances used in connection with the <br /> beneficial use and enjoyment of the real property (collectively, the "Real Property"). <br /> b) Tangible personal property <br /> All tangible personal property owned by Seller and located on, within, over or <br /> under the Real Property that is attached or otherwise affixed to the Real Property, <br /> including without limitation all fixtures. <br /> c) Intangible personal property <br /> All intangible personal property owned by Seller and used in the ownership, <br /> financing, operation or maintenance of the Real Property or the tangible personal <br /> property, or any portion of either. The intangible personal property includes, but is not <br /> limited to, licenses and permits issued by any federal, state, or local authorities relating <br /> to the use, maintenance, occupancy or operation of the Real Property, reports and <br /> studies, including but not limited to physical and engineering inspections, soil studies, <br /> utility and zoning studies, traffic studies, environmental assessment reports, <br /> government correspondence, orders or data relating to any hazardous materials on the <br /> Real Property and any other documented information relating exclusively to the Real <br /> Property. <br /> The Real Property, the tangible personal property, and the intangible personal property <br /> are collectively referred to in this Agreement as the "Property." <br /> 1 <br />