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q <br /> EXHIBIT A <br /> TO <br /> AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY <br /> City Council Resolution <br /> RESOLUTION NO. <br /> A RESOLUTION authorizing acquisition of real property located at 3600 Smith Avenue <br /> by negotiated purchase or by condemnation <br /> WHEREAS, <br /> A. The City Council for the City of Everett, Washington has determined that public <br /> health, safety, and convenience require that City for transit operations acquire certain real <br /> property located at approximately 3600 Smith Avenue(the"Property"). <br /> B. The City Council has determined to authorize the Mayor to execute a purchase <br /> and sale agreement to purchase the Property and to close the purchase transaction. <br /> C. In the event that the City is unable to close the purchase of the Property by <br /> December 31, 2016,the City Council has determined to authorize the use of eminent domain to <br /> acquire the Property. <br /> NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> EVERETT that: <br /> SECTION 1. The Mayor is authorized to execute a purchase and sale agreement in the <br /> amount of$4,000,000.00 for the Property in substantially the form provided to City Council. <br /> The Mayor is further authorized to sign all documents and take all steps necessary to close the <br /> purchase. This authorization includes authority to sign amendments to the purchase and sale <br /> agreement, so long as such amendments do not increase the purchase price or extend the closing <br /> date beyond December 31, 2016. <br /> SECTION 2. The City Council fmds that the use of the Property by the City for transit <br /> purposes is a public use and that the Property is necessary for that public use. Accordingly,if the <br /> purchase of the Property authorized under this resolution has not closed by December 31, 2016, <br /> the City Council further authorizes the use of eminent domain to acquire the Property and <br /> authorizes the City Attorney to take whatever actions are necessary for such acquisition, <br /> including without limitation preparation of an ordinance of condemnation for City Council <br /> consideration in accordance with Chapter 8.12 RCW. <br /> Councilperson Introducing Resolution <br /> Exhibit A <br /> 112 <br />