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<br /> REAL ESTATE PURCHASE AND SALE AGREEMENT
<br /> This Real Estate Purchase and Sale Agreement (the "Agreement") is entered
<br /> into as of , 201_, by and between Jeanette L. Bertrand as
<br /> owner and personal representative of the estate of Daniel H. Bertrand, deceased, as
<br /> "Seller" and the CITY OF EVERETT, a Washington municipal corporation ("Buyer").
<br /> NOW, THEREFORE, in consideration of the respective agreements set forth
<br /> below and for valuable consideration, 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,
<br /> the following:
<br /> a) The real property located in Snohomish County, Washington, legally
<br /> described in Exhibit A and incorporated by reference hereto, together with any rights,
<br /> licenses, privileges, reversions and easements pertinent to the real property, including,
<br /> without limitation all development rights, air rights, water rights, water and water stock
<br /> relating to real property; all alleys, strips or gores of land, if any, lying adjacent to the
<br /> real property, all rights to utilities serving the property; all rights, title and interest of
<br /> Seller in and to any and all rights-of-way, rights of ingress or egress or other interests in,
<br /> on, or to, any land, highway, street, road or avenue, open or proposed, in, on, or across,
<br /> in front of, abutting or adjoining the land (the "Real Property").
<br /> b) remaining improvements on the real property
<br /> All of Seller's right, title, and interest in and to any remaining improvements
<br /> located on, within, over or under the real property.
<br /> c) tangible personal property
<br /> All tangible personal property owned by Seller and located on, within, over or
<br /> under the real property.
<br /> d) 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 could include, but is
<br /> not limited to, licenses, permits, certificates and franchises issued by any federal, state,
<br /> or local authorities relating to the use, maintenance, occupancy or operation of the Real
<br /> -Property, environmental assessment reports, government correspondence, orders or
<br /> data relating to any hazardous materials on the real property, Seller's interest in all
<br /> tenant leases and service contracts covering the real property, including any and all
<br /> security or damage deposits and prepaid rents thereunder.
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