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<br /> <br />Page 2 of 13 <br /> <br /> INITIALS: <br /> Seller:_________/Date:________ <br />Purchaser:_________/Date:________ Seller:_________/Date:________ <br /> <br />1.3. “Hazardous Substances” means all hazardous and toxic substances, wastes, or <br />materials, including without limitation all substances, wastes, and materials containing either petroleum, including <br />crude oil or any fraction thereof, or any of the substances referenced in Section 101(14) of the Comprehensive <br />Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601(14), and similar or comparable <br />state or local laws. <br /> <br />1.4. “Property” means the real property located in Kittitas County, State of Washington <br />depicted in Recital A above, which is more commonly referred to as Kittitas County Tax Parcel Nos. 403834, <br />413834, 673834, 423834, 363834, together with all rights and appurtenances belonging thereto or in any way <br />appertaining thereto and all right, title and interest of Seller in and to any and all roads, streets, alleys and rights of <br />way, bounding such property. <br /> <br />1.5. “Seller” means Jerold D. Barton and Diane M. Barton, husband and wife. <br /> <br />1.6. “Purchaser” means Kittitas County, a political subdivision of the State of Washington. <br /> <br />1.7. “Title Company” means: AmeriTitle <br />P.O. Box 617 <br />Ellensburg, WA 98926 <br />(509) 925-1477 <br /> <br />2. Purchase Price: Seller agrees to sell and Purchaser agrees to purchase the Property for a total <br />purchase price of $1,450,000.00 payable at closing, including earnest money. <br /> <br />3. Earnest Money: Purchaser hereby deposits, and receipt is hereby acknowledged of $10,000.00 <br />paid or delivered as earnest money in part payment of the purchase price for the Property described above in <br />Recital A. Earnest Money and this Agreement shall be held by AmeriTitle for the benefit of the parties hereto. <br /> <br />4. Contingencies: Purchaser’s obligations to purchase the Property is specifically subject to <br />and contingent upon the following terms and conditions: <br /> <br />4.1. The adoption of a resolution by the Kittitas County Board of County Commissioners <br />authorizing Purchaser to fund the purchase of the Property and to purchase the Property. <br /> <br />4.2. Within 90 days of acceptance, Purchaser’s inspection and approval, in Purchaser’s sole <br />and absolute discretion, of the physical condition of the Property (the “Property Inspection”), including, <br />without limitation, the conducting of soil tests (including borings), toxic and hazardous waste studies, surveys, <br />engineering, historical use and structural studies. Any costs associated with said inspection shall be paid by <br />Purchaser. In the event Purchasers disapprove of said inspection, then this Agreement shall terminate and the <br />earnest money shall be refunded to Purchaser. <br /> <br />4.3. Seller shall provide a copy of the title to every mobile home owned by Seller on the <br />Property prior to closing; and <br /> <br />4.4. Seller shall, prior to closing, transfer to the County all rental, lease and damage <br />deposits held by the Seller, along with a detailed listing of which moneys are related to which tenants, and for <br />what purpose; and <br /> <br />4.5. Seller shall provide, prior to closing, a comprehensive list of tenants on month-to- <br />month rental agreements as well as those on leases, as well as copies of those lease agreements; and