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2 <br />City Council <br />Approval (must <br />select one) <br />☐ The Everett City Council has already approved this Agreement and <br />authorized the purchase of the Property. <br />☒ Everett City Council action has not yet occurred. This Agreement <br />terminates if the Everett City Council has not by the Closing Date approved <br />this Agreement and authorized the purchase of the Property. If such <br />approval and authorization for any reason does not occur by the Closing <br />Date, then this Agreement shall terminate, the Deposit shall be returned <br />to Buyer upon demand, and Seller and Buyer shall have no further rights or <br />obligations hereunder except for those rights or obligations that expressly <br />survive termination. <br />Additional <br />Provisions <br />Seller is also the owner of nearby Snohomish County Parcel Number <br />00500303000100 (the “Neighboring Parcel”). The Neighboring Parcel is <br />leased by Seller to a commercial tenant (“Seller’s Tenant”) pursuant to a <br />lease between Seller and Seller’s Tenant (the “Neighboring Parcel Lease”). <br />The Seller’s Tenant’s employees currently park on the Real Property. <br /> <br />In addition to all other representations and warranties in this Agreement, <br />Seller warrants that, as of the Closing, the Property is not subject in any <br />way to the Neighboring Parcel Lease. <br /> <br />The Buyer will provide the Standard License to Use City Property attached <br />to this Agreement as Exhibit C (the “License”), which will allow the Seller’s <br />Tenant’s employees to park on the Real Property at no charge for up to two <br />years after Closing, subject to the terms and conditions of the License. As <br />set forth in the License, Buyer shall also provide parking space for up to <br />eight (8) standard vehicles prior to and during construction activity on the <br />Real Property. <br /> <br />Following completed construction of City facilities on the Real Property, the <br />Buyer shall provide renewable permits at no charge for so long as the <br />Seller’s Tenant’s employees desire to continue to park in the right of way <br />north of the improved portion of Lenora Avenue and directly to the south <br />of the Real Property. <br /> <br />Each Party will deliver a fully executed counterpart of the License as an <br />escrow deposit under Section 8 of this Agreement. <br />2. PROPERTY. Seller agrees to sell and convey to Buyer and Buyer agrees to purchase <br />from Seller, subject to the terms and conditions set forth in this Agreement, the following: <br />(a) Real Property. The real property located in Snohomish County, <br />Washington, legally described as set forth on Exhibit A attached hereto, together with all Seller’s <br />right, title and interest in and to any rights, licenses, privileges, reversions and easements <br />pertinent 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 well as <br />any other easements, rights of way or appurtenan ces used in connection with the beneficial use <br />and enjoyment of the real property (collectively, the “Real Property”).