AGREEMENT
THIS AGREEMENT is entered into by and between DARYL J. LUND, a single man, hereinafter referred to as “GRANTOR,” and LEWIS COUNTY, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY”.
WITNESSETH: The parties hereto, desire to enter into an agreement for the purchase of the following described real estate by COUNTY, and each in consideration of the covenants herein contained and in performance thereof on the part of the other, do hereby agree to the following terms and conditions:
Parcels 003802000000 & 003804001000
Lots 6 and 7, Block 23, Eliza Barrett’s Addition to the City of Chehalis, Lewis County, Washington. EXCEPT the westerly 10 feet thereof.
COUNTY agrees to pay $255,000.00, for the above described property.GRANTOR agrees to convey said property to COUNTY for such sum, subject to satisfactory condition of title.
Upon full executionof this agreement the COUNTY shall submit this agreement to an escrow agent for execution of the terms to complete the conveyance.
It is understood that this conveyance is to be part of a tax deferred exchange by the GRANTOR. GRANTOR will identify the intermediary to which the COUNTY shall make payment including mailing address.
COUNTY may elect to terminate this agreement, unless GRANTOR cures, or agrees to cure, to the COUNTY’S satisfaction any title encumbrances deemed by the COUNTY to be unacceptable. GRANTOR will be responsible for all title insurance fees, if the transaction is closed and for cancellation fees if the COUNTY terminates the transaction under this paragraph.
GRANTOR certifies that to the best of his knowledge, the above described property is free from underground contamination. GRANTOR shall indemnify, defend, and hold harmless COUNTY, its officials, employees, and agents from and against any and all harm asserted against or incurred by County that results from claims, demands for remediation, penalties, damages, injunctions, response costs, or losses that arose due to the placement of any pollutant, hazardous substances, or waste on the property during the GRANTOR’s ownership of the property.
GRANTOR certifies that to the best of Grantor’s knowledge, there is no litigation pending or threatened against GRANTOR that arises out of the ownership of the property and that might materially and detrimentally affect the use or operation of the property for County’s intended use, or the value of the property.
GRANTOR agrees to not encumber the title to this property during the time that this agreement is in effect.
GRANTOR shall be responsible for payment of Real Estate Excise Tax, satisfying all liens, mortgages, and deeds of trust, and all processing fees incurred to clear title of encumbrances as above specified.
COUNTY shall be responsible for all deed recording fees.
GRANTOR and COUNTY shall each pay one half of the escrow fees.
GRANTOR shall be responsible for paying current year taxesand all utility charges up to the date of sale.
Rents shall be pro-rated as of the date of sale.
COUNTY accepts property with the understanding that one apartment is currently leased, with less than one year remaining on the lease term.No other leases are being accepted by County. Grantor agrees not to enter into any new leases during the time that this agreement is in effect.
GRANTOR shall retain the safe and the point of sale system and shall have 2 weeks from date of closing to remove same.All other personal property is included in this sale.
GRANTOR shall close the business and dispose of all consumable goods in the tavern on or before closing date.
It is understood that there is a verbal agreement for parking of a single vehicle with no specific terms.
There are no other agreements, verbal or written, that modify or affect this agreement.
GRANTOR and COUNTY agree to plan to close this transaction on September 14, 2015.
If a deed for conveyance of the above described property has not been executed and proceeds of sale received by GRANTOR by September 30, 2015, this agreement shall be null and void, unless extended by mutual agreement, and providing that all costs incurred by parties as hereby agreed shall be the responsibility of the party herein specified as being responsible.
It is understood that once this agreement is signed by the GRANTOR it will be submitted to the Board of County Commissioners for their consideration and approval for the County.
Dated this ___ Day of ______, 2015 Dated this ___ day of ______, 2015
for Lewis County, Washington
GrantorCounty
______
Daryl J. LundMichael Strozyk
Lewis County Central Services Director