LOG NUMBERS

BGT. , / / CEO /

EXECU'T`IVE/COUNCIL APPROVAL FORM

MANAGEMENT ROUTING: TO: COUNCIL CHAIRPERSON:

UT(VI John Lovick SNOHOMISH COUNTY COUNCIL

J' c'TT'E Mark Ericks Stephen Clifton

)IR[C;`i0k Tom Teigen 1(

' 1

IMtN I Parks & Recreation

Approve

No Recomm€ idation U :. rte. Russ Bosanko

Further Processing

Operations

Requested By (tRlt Dianne Bailey IA'[`E October 2 2014 . . 6622

Executive Oi'ice Signature CEO Staff Review Received at Council Office

DOCUMENT TYPE: BUDGET ACTION:

Emergency Appropriation Supplemental Appropriation Budget Transfer

CONTRACT: New Amendment

GRANT APPLICATION ORDINANCE

Amendment to Ord. # PLAN

X OTHER Assignment of Agreement for the Purchase and Sale of Real Estate

DOCUMENT / AGENDA TITLE: Assignment of Agreement for the Purchase and Sale of Real Estate

4rE CO[JNCIL, t e BASIS Charter Section 2.140

0

H .NDLEN(;: NORMAL EXPEDITE X URGENT DEADLINE DATE 12/17/14

PURPOSE: County Council approval of an Assignment of Agreement for the Purchase and Sale of Real Estate and authorization for the County Executive to execute the Agreement and related Covenant on behalf of Snohomish County, together with all related real estate documents, including acceptance of the deed.

BACKGROUND : The County Council approved the purchase of 16.15 acres of property known as the Fortson Mill by Motion 13-296 on September 4, 2014 for the purpose of a trailhead for the Whitehorse Trail. Adjacent to this site is an additional 33 acres of property owned by the Dashiell Family Trust (the "Seller") which is currently for sale. A Vacant Land Purchase and Sale Agreement (the "Agreement") has been negotiated between the Seller and a Buyer, the Buyer desires to assign the Agreement to Snohomish County by an Assignment of Agreement for the Purchase and Sale of Real Estate (the "Assignment"). Per the terms of the Assignment, the Buyer, AKA Assignor, will deposit funds into an escrow account in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) as a donation to Snohomish County that will cover the purchase price of the property. The County will be responsible for payment of 1/2 of the escrow agent's fee, applicable taxes, recording fees and its owner's title insurance policy, all estimated to be approximately $2,500.00.

In exchange for the assignment of the purchaser's interest in the contract, the County would agree to record a covenant which preserves in perpetuity recreational use of the property to the public, which include, but are not limited to, trails, camping, parking, restroom and other related structures for public use and enjoyment. The Agreement and offer to purchase is subject to Snohomish County Executive and Council approval of the Assignment, said approval has been extended to December 17, 2014 with a closing date of December 31, 2014, or sooner. If approval has not been granted by December 17, 2014, the earnest money shall be returned to the Buyer/Assignor.

2Q14 AssiTnnicnt of Agreement eery r it i- ^ 'cate

FISCAL IMPLICATIONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR 2ND YR I ST 6 YRS

TOTAL

REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENT YR 2ND YR I ST 6 YRS

TOTAL $

Closing costs estimated to be approximately $2,500.00 and currently within parks budget.

CONTRACT PERIOD: ORIGINAL Start End AMENDMENT Start End

CONTRACT / PROJECT TITLE:

Assignment of Agreement for the Purchase and Sale of Real Estate

CONTRAC 1 OR NAME & ADDF' (City/State only): Seller: Dashiell Living Trust, P 0 Box 3840, Incline Village, NV 89450

RISK MANAGEMENT Yes No

COMMENTS

PROSECUTING ATTY AS TO FORM: N/A Yes X No

OTHER DEPARTMENTAL REVIEW / COMMENTS:

041 flt Li EC A I detnar OCflLifll,

2

SNOHOMISH COUNTY COUNCIL Snohomish County, Washington

MOTION NO. 14-387

ASSIGNMENT OF AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE WHITEHORSE TRAIL-FORTSON

WHEREAS, the adopted Snohomish County Comprehensive Park and Recreation Plan, which became effective in 2007, identifies the promotion of preservation of the natural environment to protect fish and wildlife habitat corridors, preserve and conserve open space, provide appropriate public access, and offer environment education as goals (Goal 7.0 — Natural Resources); and

WHEREAS, the County Council approved the purchase of 16.15 acres of property known as the Fortson Mill by Motion 13-296 on September 4, 2013; and

WHEREAS, property owner, Dashiell Living Trust ("Sellers") have agreed to sell an adjacent 33 acre property to a private party ("Assignor") for the negotiated value of Two Hundred Fifty Thousand Dollars ($250,000.00); and

WHEREAS, the acquisition site is known as a portion of the former historical Fortson Mill property and is legally described on Schedule 1 which is attached hereto and incorporated herein by reference; and

WHEREAS, the Seller(s) and Assignor(s) wish to assign the Vacant Land Purchase and Sale Agreement to Snohomish County ("Assignee") by an Assignment of Agreement for the Purchase and Sale of Real Estate; and

WHEREAS, funding for this purchase, in the amount of $250,000.00, is by private donation by the Assignor and said funds will be directly deposited into an escrow account in accordance with the terms of the Vacant Land Purchase and Sale Agreement and Assignment of Agreement for the Purchase and Sale of Real Estate; and

WHEREAS, the Assignee will be responsible for its share of the closing costs, estimated to be $2,500.00 or less, which include, in part, the premium for its owners title insurance policy, 1/2 of the closing agents escrow fee and the cost of recording the deed; and

WHEREAS, in exchange for the assignment of the purchasers interest in the contract, the Assignee agrees to record a covenant, substantially in the form attached as Schedule 2, which is attached hereto and incorporated herein by reference, upon the property which preserves in perpetuity recreational use for the public; and

MOTION NO. 14-387 ASSIGNMENT OF AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE WHITEHORSE TRAIL-FORTSON Page 1 of 2

WHEREAS, an environmental risk assessment will be completed prior to property purchase and closing will only occur if it is determined that there is a low level of environmental risk; and

WHEREAS, the Snohomish County Council and County Executive consider it in the best public interest to purchase the described Dashiell property at Fortson through a donation of funds by Assignor per the terms of the Assignment of Agreement for the Purchase and Sale of Real Estate;

NOW, THEREFORE, ON MOTION:

Section 1. The Snohomish County Council approves the Assignment of Agreement for the Purchase and Sale of Real Estate attached hereto as Schedule 3, and authorized the County Executive, or his designee, to execute same.

Section 2. The Snohomish County Council authorizes the County Executive, or his designee, to take all actions consistent with the Assignment of Agreement for the Purchase and Sale of Real Estate that are reasonably necessary to consummate the transaction contemplated. The authorized actions include, but are not limited to, the following: (i) executing closing documents; (ii) approving the purchaser's settlement statement; (iii) paying reasonable closing costs actually incurred; (iv) execution of the covenant.

PASSED THIS day of ,2014.

SNOHOMISH COUNTY COUNCIL Snohomish County, Washington

Council Chair

ATTEST:

Asst. Clerk of the Council

MOTION NO. 14-387 ASSIGNMENT OF AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE WHITEHORSE TRAIL-FORTSON Page 2 of 2

Schedule 1

Legal Description

For APN/Parcel ID(s): 320811-001-004-00

THAT PORTION OF GOVERNMENT LOT 6 AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 32 NORTH, RANGE 8 EAST, W.M. LYING SOUTHERLY OF THE SNOHOMISH COUNTY PARKS TRAIL (FORMERLY THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY) AND NORTHERLY OF SECONDARY STATE HIGHWAY NO. I -E (SR 530).

SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON

..SF53c Aft 4f

Mk 42 e320311011OV,31

3

Schedule 2

Covenant

Return to: Snohomish County 3000 Rockefeller, MS 404 Everett, WA 98201

Reference: GRANTOR: SNOHOMISH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON GRANTEE: PUBLIC LEGAL DESCRIPTION: PORTION GL 6 AND THE NW SE 11-32-8 ASSESSOR'S PROPERTY TAX PARCEL: PORTION OF 32081100100400

This Declaration is made this date by Snohomish County, a political subdivision of the State of Washington, which is the owner of that certain real property located in Snohomish County, Washington, more particularly described on the attached Attachment 1 and incorporated herein by this reference. Snohomish County hereby declares that all of the real property described in Attachment 1 shall be held, sold, and conveyed subject to the following restrictions, covenants, and conditions, which shall inure to the benefit of the public, and shall burden the real property described in Attachment 1 and shall pass with the property and each and every lot thereof, and shall apply to, and bind the owners of the property and owners of each and every lot therein, their legal representatives, grantees, heirs, successors and assigns, in perpetuity:

GRANTOR AGREES AND COVENANTS that Grantor, its successors and assigns shall preserve in perpetuity recreational uses for the public on the above described real property which will include, but not be limited to, trails, camping, parking, restrooms and other related structures for public use and enjoyment.

IN WITNESS WHEREOF, Snohomish County has executed this Declaration this day of . 2014.

John Lovick, Executive

[.1uII&.1[.]:I.]IEIiIJ

On this day of _______, 2014, before me personally appeared to me known to be the of

Snohomish County, the entity that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath state she/he is authorized to execute said instrument on behalf of Snohomish County.

IN WITNESS WHEREOF I have hereunto set my hand and affixed by official seal the day and year first above written.

(print) NOTARY PUBLIC in and for Washington Residing at:___________________________ My commission expires:_______________

Approved as to form

Deputy Prosecuting Attorney Date

2

ATTACHMENT 1

For APN/Parcel ID(s): 320811-001 -004-00

THAT PORTION OF GOVERNMENT LOT 6 AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 32 NORTH, RANGE 8 EAST, W.M. LYING SOUTHERLY OF THE SNOHOMISH COUNTY PARKS TRAIL (FORMERLY THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY) AND NORTHERLY OF SECONDARY STATE HIGHWAY NO. 1-E (SR 530).

SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON

Schedule 3

Assignment of Agreement for the Purchase and Sale of Real Estate

This Assignment Agreement is entered into as of 15 day of_________ 2014, by and among Peter and Christine Koch, husband and wife, ("Assignor"); the Dashiell Living Trust ("Seller"); and Snohomish County, a political subdivision of the State of Washington ("Assignee").

WHEREAS Assignor and Seller have entered into that certain Purchase and Sale Agreement dated j-r 4cipoI'/ and attached hereto as Attachment A, pursuant to which Assignor agreed to purchase land legally described on Attachment B, attached hereto and Incorporated herein by reference (the °Property"), for a certain sum ($250,000.00); and

WHEREAS, Assignor has deposited the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) into an escrow account in accordance wit the terms of the Purchase and Sale Agreement; and

WHEREAS, Assignor now wishes to assign the Purchase and Sale Agreement to Assignee; and

WHEREAS, Assignor seeks the consent of the Seller to the assignment; and

WHEREAS, the Assignor, Seller, and Assignee desire that the Property be preserved in perpetuity for recreational purposes, which will Include, but not be limited to, trails, camping, parking, restrooms and other related structures for public use and enjoyment.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree:

On or prior to closing:

1, Assignor shall deposit funds into an escrow account in an amount that will cover the purchase price of the Property as a donation to Assignee. Assignor shall not be responsible for escrow fees, commission, taxes or any other possible expenses.

2. Assignor hereby transfers, assigns, and grants to Assignee all of Its right, title and interest under the Purchase and Sale Agreement. Assignee agrees to protect, defend and indemnify Assignor from liability associated with this Agreement and Assignee hereby accepts this obligation assignment.

Assignment of Real Estate Purchase and Soles Agreement 2014

3. Assignee agrees that the Property subject to this assignment shalt not be used for residential purposes, but shall be for public use and enjoyment In perpetuity.

4. Seller hereby consents to the assignment by Assignor.

After Assignor deposits funds into an escrow account, and Assignee deposits funds for the Buyers closing costs, the Seller shall convey the Property by a statutory warranty deed to Assignee, a political subdivision of the State of Washington. The Assignee shall accept the conveyance of the Property.

5. This Assignment Agreement may be signed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same Agreement.

6. This Assignment Agreement shall be governed by the laws of the State of Washington. In the event of default under this Agreement by Assignee, Assignor shall be entitled, in addition to all other remedies, to seek monetary damages and specific performance of Assignee's obligations hereunder. In the event of litigation between the parties arising out of or relating to this Agreement, the prevailing party, in addition to all other rights and remedies, shall be entitled to recover reasonable attorneys' fees, costs and litigation-related expenses from the non-prevailing party.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date written.

DATED this ___ day of_Dmb€r ,2014.

[c[s]

•'• __________

Peter Koch Christine Koch

SELLER:

Dashiell Living Trust

Assignment of Real Estate Purchase and Sates Agreement 2014

61 LIR to]

John Lovick

J.J(.1YLI.F1

Rebecca WendUng bate Deputy Prosecuting Attorney

Assignment of Real Estate Purchase and Sales Agreement 2014

Form 25 (Cepyright 2014 vacant Land Purcheee & Sale Northwest Multiple Ltsting Service Rev. 5114 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS

1, Date: Au ust 20, 2014 MLS No.: 380598

2. Buyer: Peter D &.Christine M Koch, and or assl gnr;_ A rnar rled coup le 5uy'r SvYAr 8lnlus ... y.. .

3. Seiler DRSh ell Soil or Seller

4. Property: Tax Parcel No(s).: 32081100100400 (A dot -1 f_ ( Snohanaialt County)

1-XXX 363rd Ave NE Arlington WA 98223 ddrgsw cay 81111(1 Ztp

Legal Description: Attached as Exhibit A.

5. Purchase Price: $ 2500, 000.00 Two Hundred Fifty Thousand Dollars

6. Earnest Money: (To be held by Selling Firm; Q Closing Agent)

Personal Check: $ _ Note: $ 2,50Q-00 ; Other ( ): $

7. Default: (check only one) Ef Forfeiture of Earnest Money; Cl Seller's Election of Remedies

8, Title Insurance Company: Chicago Title

9. Closing Agent: Cl a qualified closing agent of Buyer's choice; J Chicago Escrow

10, Closing Date; 121112,014 On or before

11. Possession Date: 0 on Closing; Cl Other

12. Offer Expiration Date: . _.^

13. Services of Closing Agent for Payment of Utilities: Cl Requested (attach NWMLS Form 22K); 9 Waived

14. Charges and Assessments Due After Closing: Cl essurned by Buyer, EJ prepaid in full by Seller at Closing

15. Subdivision: The Property: Cl must be subdivided before ; El Is not required to be subdivided

16. Feasibility Contingency Expiration Date: E1 90 days after mutual acceptance; 3 Other

17, Agency Disclosure: Selling Broker represents: Cl Buyer; C] Seller, both parties; El neither party Listing Broker represents: D Seller, 0 both partlos

18, Addenda: 22D(Option.al Clauses) _ 22l F(Funds Evidence) 22T(Fltle Cont) 22ZZ(Kit O en S >,ce)

34(Addendum) 35F rcnglb1111

f ^: .` 1 ICI - .... ^^ •f.S ! Buyer's Sf ignature 1 / Data

Buyor's Signature DAtc

PO Box 70001 Buyer's Address

Bellevue WA 98007-0001 City, State, ZIP

425-641-3427 MPhone No. Fax No.

chrispetckocli( M.4I1co n Buyer's E-mail Address

Windermere R.E. Arlington 7703 Selling Finn MLS Office No.

Sa[ly Tritt-Collins 83374 Selling Broker (Print) MIS LAG No.

5360) 435-0700 (3 ti0) 43S 31.05 Phonn No. Firm Fax No.

wrearf@win derntere.com Selling Firm Document E-meil Addre99

scollins(?dwlndertnet e.com Sailing Brokor'e F-moll Address

^Srlsase r /^ / 1"— Date

seflar: slsnalu Data

Sailor's Addragg

City, State, Zip^M

(775) 831-0927 _ Phone No. Fax No.

Seller's B-msll Address

Winderinere R.E. Ax inpton 7703 (sting Firm MLS Ofitce No,

Stfly Trite Cettins &3374 Listing Broker (Print) MLS LAG No.

(425)306-1.287 360 435-3105 Phone No. Flan F. x No,

wrenrl(n wpnc)olrlaer e.com Listing Firm Document E-mail Address seolltas rr windcrmere.com listing Broksr'e E-mail Address

This form was prepared by Sally Tritt;-Collins of Windermere R.E. Arlington.

EXHIBIT "A'

Legal Description

THAT PORTION OF GOVERNMENT LOT 6 AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECT I ON 11, TOWNSHIP 32 NORTH, RANGE 8 EAST, W.M. LYING SOUTHERLY OF THE SNOHOMISH COUNTY PARKS TRAIL (FORMERLY THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY) AND NORTHERLY OF SECONDARY STATE HIGHWAY NO. 1-E (SR 530).

SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON

/3 b/ ^ "`.

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Copyr i ght American Land Title Association. All rights reserved. LAND T'

The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ^^^^

ALTA Commitment (Adopted: 06.17.2006) Printed: 09.12.14 © 1258PM

ALL 1 1 . ...,.... ......-._.. 32 8 1 L.... .... _... _ ............._... ..., .... ... ..... 1 ... ..,. A ^mrtMAf^n^m^A^nih^ CMRJAMMO+Y^ f1(f/tr in i i.111X^^:^^^ I'r.^cif ^:^ `^.^rla^j'br..r rw^

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Form 25 ©Copyright 2014 Vacant Land Purchaso & Salo VACANT LAND PURCHASE AND SALE AGREEMENTNorthwest Multiple Listing Service Rev. 5/14 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS

Continued

a. Purchase Price. Buyer shall pay to Seller the Purchase Price, Including the Earnest Money, in cash at Closing, unless otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement and Is not relying on any contingent source of funds, including funds from loans, the sale of other property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement,

Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Soiling Broker, Selling Broker will deposit any check to be hold 6 by Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual 7 acceptance, whichever occurs later. if the Earnest Money is held by Selling Firm and Is over $10,000.00 it shall be 8 deposited into an Interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9, 9 Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for 10 bank charges and fees In excess of the Interest earned, if any, if the Earnest Money hold by Selling Firm is over 11 $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund 12 Account, with the Interest paid to the State Treasurer, If both Seller and Buyer so agree in writing. If the Buyer does not 13 complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or 14 less, the Earnest Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest 16 Money to Closing Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs 16 remain unpaid, the Selling Firm or Closing Agent may deduct and pay them therefrom. The parties Instruct Closing 17 Agent to provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties 18 and Brokers at the addresses and/or fax numbers provided herein, 19

Upon termination of this Agreement, a party or the Closing Anent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent, 21 If either party falls to execute the release form, the other party may make a written demand to the Closing Agent for the 2.2 Earnest Money. If only one party makes such a demand, Closing Agent shall promptly deliver notice of the demand to 23 the other party. If the other party does not object to the demand within 10 days of Closing Agent's notice, Closing Agent 24 shall disburse the Earnest Money to the party making the demand. If Closing Agent complies with the preceding 25 process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the 26 disbursal of the Earnest Money. The parties are advised that, notwithstanding the foregoing, Closing Agent may require 27 the parties to execute a separate agreement before disbursing the Earnest Money. If either party fails to authorize the 26 release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in 29 breach of this Agreement. Upon either party's request, the party holding the Earnest Money shall commence an 30 interpleader action to the county in which the Property is located. For the purposes of this section, the term Closing 31 Agent Includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an Interpleader 32 action to deduct up to $500.00 for the costs thereof. 33 Condition of Title. Unless otherwise specified In this Agreement, title to the Property shall be marketable at Closing, 34 The following shall not cause the title to be unmarketable; rights, reservations, covenants, conditions and restrictions, 35 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 36 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 37 encumbrances or lions not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 38 conveyed by a Statutory Warranty Deed. If this Agreement Is for conveyance of a buyer's interest In a Real Estate 39 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 40 acquired title. If the Property has been short platted, the Short Plat number Is In the Legal Description. 41 Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-currant 42 ALTA form of standard form owner's policy of title Insurance from the Title Insurance Company. if Seller previously 43 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 44 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 45 pay any title cancellation fee, In the event such a fee is assessed, The Title Insurance Company shall send a copy of 46 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 47 title policy to be Issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 48 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 49 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 60 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 51 this Agreement shall thereupon be terminated, Buyer shall have no right to specific performance or damages as a 52 consequence of Seller's inability to provide insurable title, 53 Closing and Possession, This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 54 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 55 Saturday, Sunday, legal holiday as defined In RCW 1.16.050, or day when the county recording office Is closed, the 56 Closing Agent shall close the transaction on the next day that Is not a Saturday, Sunday, legal holiday, or day when the 57 county recording office is closed. Buyer shall be entitled to possession at 900 p.m. on the Possession Date. Seller shall 58 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 59 Seller shall not enter into or modify existing leases or rental agreements, service contracts, or other agreements 60

euyer's Inillekh Os a Buyer's InRtals Date Seller's Initials / Date Selte s Initials Data This form was prepared by Sally Tritt-Co1Lins of Windermere R.E. Arlington.

Form 25 ®Copyright 2014 Vacant Lend Purchana & Sale VACANTLAND PURCHASE AND SALE

Northwest Nhwest Multiple Llsttng Servico Rev. 6/14 ALL RIGHTS RESERVED Pape 3 of 5 GENERAL. TERMS

Conrtn+.w4

affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent, which shall 61 not be unreasonably withhold. 62

Section 1031 Like-Kind Exchange. if either Buyer or Seller intends for this transaction to be a part of a Section 1031 63 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 64 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 65 costs) Incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 66 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 67 Section 1031 like-kind exchange may assign this Agreement to Its qualified Intermediary or any entity set up for the 68 purposes of completing a reverse exchange. 69

g. Closing Costs and Proration% and Charges and Assessments. Seller and Buyer shall each pay one-half of the 70 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rant, interest, 71 and lieneble homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 72 Including credit report, appraisal charge and lender's title Insurance, unless provided otherwise in this Agreement. If any 73 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is Instructed to pay such 74 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel In the fuel tank if, 75 prior to Closing, Seller obtains a written statement as to the quantity and current price from the supplier. Seller shall pay 76 all utility charges, Including unbliled charges. Unless waived in Specific Term No. 13, Seller and Buyer request the 77 services of Closing Agent in disbursing funds necessary to satisfy unpaid utility charges In accordance with RCW 60.80 78 and Seller shall provide the names and addresses of all utilities providing service to the Property and having lien rights 79 (attach NWMLS Form 22K identification of Utilities or equivalent). 80

Buyer Is advised to verify the existence and amount of any local improvement district, capacity or Impact charges or 81 other assessments that may be charged against the Property before or otter Closing. Seiler will pay such charges that 82 are encumbrances at the time of Closing, or that are or become due on or before Closing. Charges levied before 63 Closing, but becoming due after Closing shall be paid as agreed In Specific Term No. 14. 84

h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 85 terms) to the Multiple Listing Service that published it and to its members, financing Institutions, appraisers, and anyone 86 else related to this sale, Buyer and Seller expressly authorize all Closing Agents, appraisers, title Insurance companies, 87 and others related to this Salo, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 88 and copies of documents concerning this sale. 89

i. FIRPTA - Tax Withholding at Closing. The Closing Agent is instructed to prepare a certification (NWMLS Form 22E or 90 equivalent) that Seller Is not a "foreign person" within the meaning of the Foreign Investment In Real Property Tax Act. 91 Seller shall sign this certification. If Seller Is a foreign person, and this transaction is not otherwise exempt from FIRPTA, 92 Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 93

1. Notices. In consideration of the license to use this and NWMLS's companion forms and for the benefit of the Listing 94 Broker and the Selling Broker as well as the orderly administration of the offer, counteroffer or this agreement, the 95 parties irrevocably agree that unless otherwise specified In this Agreement, any notice required or permitted in, or 96 related to, this Agreement (including revocations of offers or counteroffers) must be in writing. Notices to Seller must be 97 signed by at least one Buyer and shall be doomed given only when the notice Is received by Seller, by Listing Broker or 98 at the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and shall be doomed 99 given only when the notice is received by Buyer, by Selling Broker or at the licensed office of Selling Broker, Receipt by 100 Selling Broker of a Form 17 or 17C (whichever is applicable), Public Offering Statement or Resale Certificate, 101 homeowners' association documents provided pursuant to NWMLS Form 22D, or a preliminary commitment for title 102 insurance provided pursuant to NWMLS Form 22T shall be deemed receipt by Buyer. Selling Broker and Listing Broker 103 have no responsibility to advise of receipt of a notice beyond either phoning the party or causing a copy of the notice to 104 be delivered to the party 's address shown on this Agreement. Buyer and Seller must keep Selling Broker and Listing 105 Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 106

k. Computation of Time, Unless otherwise specified In this Agreement, any period of time measured in days and stated 107 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 108 last calendar day of the specified period of time. Except for the Possession Date, if the last day Is a Saturday, Sunday 109 or legal holiday as defined In RCW 1.16.050 , the specified period of time shall expire on the next day that is not a 110 Saturday, Sunday or legal holiday. Any specified period of 5 days or less shall not Include Saturdays, Sundays or legal 111 holidays . If the parties agree that an event will occur on a specific calendar date, the event shall occur on that date, 112 except for the Closing Date, which, If it falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day 113 when the county recording office is closed, shall occur on the next day that is not a Saturday, Sunday, legal holiday, or 114 day when the county recording office is closed. If the parties agree upon and attach a legal description after this 115 Agreement is signed by the otferee and delivered to the offeror, then for the purposes of computing time, mutual 116 acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror, rather than 117 on the date the legal description is attached. Time is of the essence of this Agreement. 118

3J' Iiq c, i 1i C Buyer's Initials Date Buyer's Initials Date Seller'r Initials oats Soilsre Initials - ^ Date

This form was prepared by Sally Tritt-Collins of Winderinere R.E. Arliington.

Form 25 Copyrtgnt 2014 V®cant Land Purchase & Ssle VACANT LAND PURCHASE AND SALE AGREEMENT Northvn_st Multiple Listing Service Rev. s/14 Page 4 of 5 GENERAL TERMS

ALL t ImHTS RESERVED

Continued

1. Facsimile or E-mail Transmission, Facsimile transmission of any signed original document, and retransmission of any 119 signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Closing 120 Agent, the parties will confirm facsimile transmitted signatures by signing an original document. E-mail transmission of 121 any signed original document, and retransmission of any such a-mall, shall be the same as delivery of an original, 122 provided that the a-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e- 123 mail addresses on page one of this Agreement. At the request of either party, or the Closing Agent, the parties will 124 confirm a-mail transmitted signatures by signing an original document, 125

m. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 126 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 127 be effective unless agreed in writing and signed by Buyer and Seiler, The parties acknowledge that a signature In 128 electronic form has the same legal effect and validity as a handwritten signature. 129

n. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 130 unless the parties indicate that assignment Is permitted by the addition of "and/or assigns" on the line identifying the 131 Buyer on the first page of this Agreement. 132

o. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 133 provision, as identified in Specific Term No. 7, shall apply: 134

L Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 135 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure, 136

ii, Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 137 as the sole and exclusive remedy available to Seiler for such failure, (b) bring suit against Buyer for Seller's actual 138 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 139 any other rights or remedies available at law or equity. 140

p. Professional Advice and Attorneys' Fees. buyer and Seller are advised to seek the counsel of an attorney and a 141 certified public accountant to review the terms of this Agreement. Buyer and Seller agree to pay their own fees Incurred 142 for such review. However, if Buyer or Seller Institutes suit against the other concerning this Agreement the prevailing 143 party Is entitled to reasonable attorneys fees and expenses. 144

q. Offer, Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 145 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 146 signed copy is received by Buyer, by Selling Broker or at the licensed office of Soiling Broker. If this offer is not so 147 accepted, It shall lapse and any Earnest Money shall be refunded to Buyer. 148

r, Counteroffer. Any change In the terms presented In an offer or counteroffer, other than the insertion of the Seller's 149 name, shall be considered a counteroffer. If a party makes a counteroffer, then the other party shall have until 9:00 p.m. 150 on the counteroffer expiration date to accept that counteroffer, unless sooner withdrawn. Acceptance shall not be 151 affective until a signed copy is received by the other party, the other party's broker, or at the licensed office of the other 152 party's broker. If the counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer, 153

s. Offer and Counteroffer Expiration Date. If no expiration date Is specified for an offer/counteroffer, the 154 offer/counteroffer shall expire 2 days after the offer/counteroffer Is delivered by the party making the offer/counteroffer, 155 unless sooner withdrawn. 156

L Agency Disclosure, Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 157 Selling Broker's Managing Broker (if any) represent the same party that Sailing Broker represents, Listing Firm, Listing 158 Firm's Designated Broker, Listing Broker's Branch Manager (If any), and Listing Broker's Managing Broker (if any) 159 represent the same party that the Listing Broker represents, If Selling Broker and Listing Broker are different persons 160 affiliated with the same Firm, than both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 161 (if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 162 the same person representing both parties then both Buyer and Seiler confirm their consent to that person and his/her 163 Dosignated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 164 parties acknowledge receipt of the pamphlet entitled 'The Law of Real Estate Agency.' 165

u. Commission. Seller and Buyer agree to pay a commission in accordance with any listing or commission agreement to 166 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 167 specified in the listing, Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 168 more than one party. Seller and Buyer hereby assign to Listing Firm and Soiling Firm, as applicable, a portion of their 169 funds In escrow equal to such commission(s) and Irrevocably instruct the Closing Agent to disburse the commissions) 170 directly to the Firm(s), In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party Is entitled to 171 court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are Intended third party beneficiaries 172 under this Agreement. 173

, 1 1 f

r

Buyer's Initials Date Buyer's inileis Date Seller's initial Date Se lers'inIliale pate This form was prepared by Sally Tritt-CoUlins of Windermere R.F. Arlington.

Form 25 @Copyright 2014 Vacant Land Purchase & Sale

VACANT LAND PURCHASE AND SALE AGREEMENT ALL Multiple Lletlnp ServI o

Rev. 5/14 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS

ConNnusd

Feasibility Contingency. It Is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 174 Identified In Specific Term No. 16 whether or not the Property can be platted, developed and/or built on (now or In the 175 future) and what It will cost to do this. BUYER SHOULD NOT RELY ON ANY ORAL STATEMENTS concerning this 176 made by the Seller, Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sower or 177 other special districts in which the Property is located. Buyer's Inquiry should include, but not be limited to building or 178 development moratoriums applicable to or being considered for the Property; any special building requirements, 179 including setbacks, height limits or restrictions on where buildings may be constructed on the Property; whether the 180 Property Is affected by a flood zone, wetlands, shoreiands or other environmentally sensitive area; road, school, fire and 181 any other growth mitigation or impact fees that must be paid; the procedure and length of time necessary to obtain plat 182 approval and/or a building permit; sufficient water, sewer and utility and any service connection charges; and all other 183 charges that must be paid. Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have 184 the right, from time to time during the feasibility contingency, to enter onto the Property and to conduct any tests or 185 studies that Buyer may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. 186 Buyer shall restore the Property and all Improvements on the Property to the same condition they were In prior to the 187 inspection, Buyer shall be responsible for all damages resulting from any inspection of the Property performed on 188 Buyer's behalf. If the Buyer does not give notice to the contrary on or before the Feasibility Contingency Expiration Date 189 identified in Specific Term No. 16, it shall be conclusively deemed that Buyer is satisfied as to development and/or 190 construction feasibility and cost. If Buyer gives notice this Agreement shell terminate and the Earnest Money shall be 191 refunded to Buyer, less any unpaid costs. 192

w. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 193 Property and thi s Agreemen t I s conditioned on the recording of tha final plat containing the Property on or before the 19:14 dale specified in Specific term 15. If the final plat is not recorded by such date, this Agreement shall terminate and the 195 Earnest Money shall be refunded to Buyer. 196

x. Information Verification Period and Property Condition Disclaimer. Buyer shall have 10 days after mutual 197 acceptance to verify all information provided from Seller or Listing Firm related to the Property. This contingency shall 198 be deemed satisfied unless Buyer gives notice Identifying the materially Inaccurate information within 10 days of mutual 199 acceptance. If Buyer gives timely notice under this section, then this Agreement shell terminate and the Earnest Money 200 shall be refunded to Buyer. 201

Buyer and Seller agree, that except as provided In this Agreement, all representations and information regarding the 202 Property and the transaction are solely from the Seller or Buyer, and not from any Broker, The parties acknowledge that 203 the Brokers are not responsible for assuring that the parties perform their obligations under this Agreement and that 204 none of the Brokers has agreed to independently investigate or confirm any matter related to this transaction except as 205 stated In this Agreement, or to a separate writing signed by such Broker. In addition, Brokers do not guarantee the 206 value, quality or condition of the Property and some properties may contain building materials, including siding, roofing, 207 coiling, insulation, electrical, and plumbing, that have been the subject of lawsuits and/or governmental Inquiry because 208 of possible defects or health hazards. Some properties may have other defects arising after construction, such as 209 drainage, leakage, pest, rot and mold problems. Brokers do not have the expertise to identify or assess defective 210 products, materials, or conditions, Buyer is urged to use due diligence to Inspect the Property to Buyer's satisfaction 211 and to retain inspectors qualified to identify the presence of defective materials and evaluate the condition of the 212 Property as there may be defects that may only be revealed by careful Inspection, Buyer Is advised to investigate 213 whether there Is a sufficient water supply to meet Buyer's needs. Buyer Is advised to investigate the cost of Insurance 214 for the Property, including, but not limited to homeowner's, flood, earthquake, landslide, and other available coverage. 215 Brokers may assist the parties with locating and selecting third party service providers, such as inspectors or 216 contractors, but Brokers cannot guarantee or be responsible for the services provided by those third parties. The parties 217 agree to exorcise their own judgment and due diligence regarding third-party service providers, 218

Buyer's Initials Deto auyor's Initials Date Seller's Initials Data Setle s Initials_ ntoy This for-wo was prepared by Sally Trftt-Collins of Wieudermere R,E. Arlington.

Form 220 ©Copyright 2014 Optional Clauses Addendum Northwest Multiple Listing Service Ra

ge . I of 2 OPTIONAL CLAUSES ADDENDUM TO

ALL RIGHTS F^^sERV^D Page I of

PURCHASE & SALE AGREEMENT

The following Is part of the Purchase and Sale Agreement dated Atp , st 2Q 201 4 1

between Peter D & Christine M Koch, and or aesigns ("Buyer") 2 ftuy®r l3Uynt

and 19asiioit ("Seller") 3 Wet SNMr

concerning 1-XXX 363rd Ave NE Arliuugton WA 98223 (the "Property'). 4 n®dre city shin ZIP

1. id Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a) the lot size or the accuracy of any Information provided by the Seller: (b) the square footage of 7 any Improvements on the Property; (c) whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer Is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction within the Inspection contingency period. 10

2. Title insurance. The Title Insurance clause In the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide l ess coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: v 13

1D Standard Owner's Policy. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title insurance, together with homeowner's 13 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17

Cl Extended Policy. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for an 18 ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's Policy 19 of Title Insurance. Buyer shall pay the Increased costs associated with the Extended Coverage Policy, 20 including the excess premium over that charged for Homeowner's Policy of Title insurance and the cost 21 of any survey required by the title Insurer. 22

3. 1( Property And Grounds Maintained. Until possession is transferred to Buyer, Seiler shall maintain the 23 Property In the same condition as when Initially viewed by Buyer. The term "Property' includes the building(s); 24 grounds; plumbing, heat, electrical and other systems; and all Included Items. Should an appliance or system 25 become inoperative or malfunction prior to transfer of possession, Seller shall either repair, or replace the 26 same with an appliance or system of at least equal quality. Buyer reserves the right to reinspect the Property 27 within 5 days prior to transfer of possession to verify that Seller has complied with this Paragraph 3. Buyer 28 and Seller understand and agree that the Listing Broker and Selling Broker shall not be liable for the foregoing 29 or Seller's breach of this Paragraph 3. 30

4. ❑ Items Left by Seller. Any personal property, fixtures or other Items remaining on the Property when 31 possession Is transferred to Buyer shall thereupon become the property of the Buyer, and may be retained or 32 disposed of as Buyer determines. However, Seller shall clean the Interiors of any structures and remove all 33 trash, debris and rubbish on the Property prior to Buyer taking possession. 34

5. Cl Utilities. To the best of Seller's knowledge, Seller represents that the Property is connected to a: 35 O public water main; Q public sewer main; 0 septic tank; 0 well (specify type) ; 36 L7 irrigation water (specify provider) _, ; 0 natural gas; 13 telephone; 37 O cable; 13 electricity; O other 38

6. ® Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 39 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 40 Buyer the Information below In writing as soon as available: 41

WALL INSULATION: TYPE: THICKNESS: R-VALUE: 42

CEILING INSULATION: TYPE: THICKNESS: R--VALUE: 43 OTHER INSULATION DATA: 44

' , e "/I AIL K,(.^ Buyer's Initials Date Buyers lntlm1S Dnte Seller's Initials Date 3etP iltials Date

This form was prepared by Sally Trttt-Collins of Windermere R.E. ArUngtoin,

Form 22D 4)Copyrlght 2014 Optional Clauses Addandum Northwest Multiple Listing S rvlce

Pa g OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED

Pago 2 2 o? 2 oP PURCHASE & SALE AGREEMENT

Cortunuod

7. ® Leased Property. Buyer acknowledges that Seller leases the following Items of personal property: 45 ® propane tank; 0 security system; 0 satellite dish and operating equipment; D other 46

Buyer shall assume the lease(s) for the selected Item(s) and hold Seller harmless from and against any 47 further obligation, liability, or claim arising from the lease(s), If the lease(s) can be assumed. 48

8. ❑ Homeowners' Association Review Period. if the Property is subject to a homeowners association or any 49 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 50 available from the Association) within days (10 days If not filled In) of mutual acceptance: 51 a. Association rules and regulations, including, but not limited to architectural guidelines; 52 b. Association bylaws and covenants, conditions, and restrictions (GC&Rs); 53 c_ Association meeting minutes from the prior two (2) years; 54 d. Association Board of Directors meeting minutes from the prior six (6) months; and 55 e. Association financial statements from the prior two (2) years and current operating budget. 56

If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 57 filled in) of receipt of the above documents or the data that the above documents are due, whichever is 58 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived), if 59 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 60 refunded to Buyer, 61

9, C] Excluded Item(s), The following item(s), that would otherwise be included In the sale of the Property, is 62 excluded from the sale ("Excluded Items)"). Seller shall repair any damage to the Property caused by the 63 removal of the Excluded Item(s). Excluded Item(s): 64

65

66

10. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 67 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 6B

a. Home warranty provider: (

b. Seller shall pay up to $ ($0.00 If not filled in) of the cost for the home warranty, 70 together with any Included options, and Buyer shall pay any balance. 71

c. Options to be included:

d. Other

11.0 Other,

72

(none, if not filled In), 73

74

75

76 77 78 79 80 81 82 83 84 85

Buyor's Initials Date Buyer's lruIilsin Data Snlier's initlnls / Date Se far s InItIdls Data

This form was prepared by Sally Tcitt-Col[ins of Windermere R.E. Arlington.

Form 22.EF Ccopyright 2012 Evidence of Funds Addendum Northwest M ditiple Listing Service Rev. 12/12 EVIDENCE OF FUNDS ADDENDUM

RIGHTS T2EeERYEn Pegg1 oft

TO PURCHASE & SALE AGREEMENT

The following is part of the Purchase and Sale Agreement dated August 20, 2014

between Peter l) & Christine M Koch, and or assigns ("Buyer") 2 91y,r uvn,

and 1)Rshloit ("Seller") 3 Dar 9taller

concerning t-XXX 363r d Ave NE Arling ton WA 98223 (the "Property"), 4 ABdrore" ^ City 91nio Zip

CHECK IF INCLUDED: 0

1. t6 EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on non-contingent funds for payment of the 6 Purchase Price. Buyer shall provide evidence to Safer of such funds within days (3 days If not filled 7

in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase Price 8 In Section 2 below, Buyer represents that the non-contingent funds are sufficient to pay the Purchase Price. g

Buyer shall not use such non-contingent funds for any purpose other than the purchase of the property without 10 Seller's prior written consent, If Buyer fails to timely provide such evidence, Seller may give notice terminating this Agreement any time before such evidence is provided. 12

"Evidence" means document(s) from a financial institutions) in the United States showing that Buyer has a 13 sufficient amount of cash or cash equivalent in United States funds which, in addition to any other funds 1 4

disclosed In Section 2 of this Addendum, are available to close the sale. "Non-contingent funds" means money that Buyer Is required to pay to close for which there is no contingency, such as financing (NWMLS Form 22A 16 or equivalent), sale of Buyer's property (NWMLS Form 22B or equivalent), or pending sale of Buyer's property 17

(NWMLS Form 22Q or equivalent). Non-contingent funds may Include a down payment or the entire Purchase 18 Price,

2. 0 DISCLOSURE OF SOURCES OF OTHER FUNDS. Buyer is relying on the following other source(s) of funds 20 for the Purchase Price:

❑ Sale of the following property owned by Buyer: _ V 22

Gift of $ from 23

❑ Funds not readily convertible to liquid United States funds (describe): 24

25

C) Other (describe): 26

Buyer shall provide Seller with additional Information about such funds as may be reasonably requested by 2g Seller from time to time.

3. ❑ EVIDENCE THAT OTHER FUNDS ARE AVAILABLE. Buyer shall provide evidence to Seller days 29 (10 days if not filled In) prior to Closing that the funds relied upon in Section 2 have been received or are 36

immediately available to Buyer, If Buyer 'fails to timely provide such evidence, Seller may give notice terminating 32 this Agreement anytime before such evidence Is provided.

Upon Seller's notice of termInatlon under this Addendum, the Earnest Money shall be refunded to Buyer, 33

k

Buyer's InMilak f?at® / Duyers Initials Dale Selior'a Initials Oslo sollerslnAlaIS (late

This .form was prepared by Sally Tritt-CoU[ins of Windermere R.L. Arlington.

Form 22T OCopyright 2006 Title Cort1ingency Addendum Norlhyrest Multipka Listing Service Rev, 6/06

TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED

1 of 1 PURCHASE & SALE AGREEMENT

The following is part of the Purchase and Sale Agreement dated August 20, 2014 µ 1

between Peter D & Christine M Koch1 and or nsstgns ("Buyer") 2 noyor Buyer ...•.

and Os► Alr1cNl _ ("Seller) 3 w^eiinr 3e11^ r

concerning 1-XXX 363rd Ave NE Arlington WA 98223 ^.^ (the "Property"). 4 Addmm City 9tnlw Xlp

1, Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title Insurance, 5 together with easements, covenants, conditions and restrictions of record, which are to be obtained by Buyer, to 8

determine that they are consistent with Buyer's Intended use of the Property. Buyer shall have days 7 (5 days if not filled in) D from mutual acceptance of this Agreement or if from the date of Buyer's receipt of the 8

preliminary commitment for title insurance (from mutual acceptance, if neither box checked) to give written 9 notice of Buyer's disapproval and the reasons therefore, Buyer may only disapprove exceptions that are 10

contained In the preliminary commitment and may not object to matters not contained therein, 11

Seller shall have days (5 days If not filled in) after receipt of Buyer's notice of disapproval to give 12 Buyer written notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to 13

cure all disapproved exceptions. if Seller does not give timely notice that Seller will clear all disapproved 1 4 exceptions, Buyer may terminate this Agreement within 3 days after the deadline for Seller's notice, In the event 15

Buyer elects to terminate the Agreement, the Earnest Money shall be returned to Buyer, less any unpaid costs 16 described in the Agreement. Buyer shall have no right to specific performance or damages as a consequence of 17 Seller's Inability to provide Insurable title, If Buyer does not terminate the Agreement, Buyer shall be deemed to 18 have waived all objections to title, which Seller did not agree to clear. 19

2. Supplemental Title Reports. If Buyer receives supplemental title reports that disclose new exception(s) to the 20 title commitment, then the time periods and procedures for notice, correction, and termination above shall apply 2 1

to the date of Buyer's receipt of the supplemental title report. 22

3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at closing 23 as provided in the Agreement. 24

P V /Ii /j__ 42I$/6'_ Quyor's initials Date au"rR Ir1ItIlIs Date Soilor'o initini Dale Sellers InMn Data

This form was prepared by Sally Tritt-Collins of Windermere R.C. Arlington.

f=orm 2277 'i Copyrtght 2005 Open Space Addendum Northwest Multiple Listing Service Rev, 4105 ALL RIGHTS RESERVED Page I of'I OPEN SPACE, FARM AND AGRICULTURAL OR

TIMBERLAND CLASSIFICATION ADDENDUM

The following Is part of the Purchase and Sale Agreement dated ngust 20, 2014 1

between Peter D & Christine M Koch, and or moi ng ('Buyer") oUYe, A„

and D ►► chiclf (seller') 3 5.4W eenm

concerning 1-XXX 3 63rd Ave NE Arlington WA 9$223 (fhe "Property"), 4 Addmna CU'; 5t ZIP

1. Classification of Property, Seller represents that the Property Is classified as CI open space 5 C1 farm and agricultural ! timberland under RCW Chapter 84,34. 6

2 1 Removal from Classification. Buyer shall not file a notice of classification continua ,e 7 the time of Closing and the Property shall be removed from Its clesslflcation dltional 8 taxes, applicable interest, and penalties assessed by the county ass en the Property 9 is removed from Its classification shall be paid ❑ by Seller uuyer ❑ by both Seller and 10 Buyer In equal shares (Seller If no box checked). 11

3. 0 Notice of Classification Continua order to retain this classification, Buyer shall 12 execute a notice of classific1in- ntinuance at or before the time of Closing. The notice of 13 classification contin n shall be attached to the rear estate excise tax affidavit. Buyer 14

cknowied if Buyer fails to execute a notice of classification continuance, the county 15 as must reassess the Property's taxable value and retroactively impose additional 16 axes, applicable interest, and penalties, which Buyer shall pay, 17

. ` fJ`

Buyer's 1Pifl¢P Deto Buyers Initiela pate , ff Seller's InitT t^ Date seilePs lnItiak ^

Form 35F MCopyright 2010 Feasibility Contingoncy Addendum Northwest Multiple Lieting Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM

The following is part of the Purchase and Sale Agreement dated Augu@t 26, 2014 1

between Peter D & Christine M Koch, and or Assigns ("Buyer") 2 Duyrrr ^ W Ouver

and Dashief ("Seller") 3

concerning 1-XXX 363rd Ave) U Arlington WA 98223 (the "Property"), 4 /ytidine CRY stain 719

Feasibility Contingency. Buyer shall verify within 90 days (10 days If not filled In) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's Intended purpose Including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SH/ LL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives S notice of disapproval on or before the Feasibility Contingency Expiration Date, If Buyer gives a timely notice of 9 disapproval, then this Agreement shalt terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker, Buyer should 11 Inquire at the city or county, and water, sewer or other special districts In which the Property Is located. Buyer's inquiry 12 shall include, but not be limited to. building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, Including setbacks, height limits or restrictions on where buildings may be 14 Constructed on the Property; whether the Property Is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or Impact fees that must be paid,, the 16 procedure and length of time necessary to obtain plot approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18

Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were In prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any Inspection of the Property performed on Buyer's behalf. 23

❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26

P_K9i/1i ail l Buyer's Pnitlata Onto Buyer's Initials Date SoI cr's Initials Onto

Seller's Initials Date

Form 34 Addendum/Amendment to P&S Rev. 7110

I MI

tCDpyrtght 2010 Northwest Multiple Listing Service

ALL RIGHTS RESERVED

The following in part of the Purchase and Sale Agreement dated August2020I4

In exchange for the assignment of the purchasers interest In the contract, the Actgnce agrees to record n covenant S upon the property which preserves In perpetuity recreational, use for the public. 7

B This offer Is subject to Snohomish County Executive and Council approval. Should said approval not be obtained 9 within 75 days of mutual acceptance but no later than 1 t/2$114, earnest money shall be returned to Buyer. 10

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31

Buyers inificis Dots Buyers Inifols Date Seller's inUiels Date S&lers lniti Date

CQpyr!ght 2010 Northwee( MulUpie Listing SeMoa

ALL RIGHTS RESERVED

Form 31 Earnest Morey Promissory Note Rev. 7110 Page 1 of 1

$ 2,500.00 Arlington Washington 1

FOR VALUE RECEIVED, Peter fl & Chrictire M 2 Puycr

Koch, and or assi_ (Buyer) 3 uvl ,

agree(s) to pay to the order of Windermere Real Estate (Selling Firm or Closing Agent) 4

the sum of Two Thousand Five Hundred Dollars 5

($ 200M() ), as follows: 6

0 within 3 days following mutual acceptance of the Purchase and Sale Agreement. 7

within 7 days following mutual nee!ptfance of the Purchase and Sale Agreement 8

This Note Is evidence of the obligation to pay Earnest Money under a real estate Purchase and 9

Sale Agreement between the Buyer and flnshlell 10

dated August 20, 2014 Buyer's failure to pay the Earnest Money 12 strictly as above shall constitute default on said Purchase and Sale Agreement as well as on this Note. 13

If this Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect 14 any of the balance due on this Note, the Buyer promises to pay reasonable attorneys' fees, and all 15 court and collection costs. 16

Date: August 20, 2014 17

BUYER ). LJ1 18

BUYER - //2& //i - 19

"On closing" or similar language is not recommended, We a definite date.

This form was prepared by Sally Tritt-Collins of Windermere R.E. Arlington.

Form 40op1h O'IO Adde 1)0VdAmrxf0hM1,t tQ P68 Nthwtt Mu Ipu U'tInu SoMou Rev, Y!10 ALL R3IITS MRVD

to I ADDENDUM I AMMØMNT TO PURCHASE AND SALE MREEMENT

The In pert of the PurQIu3ue and Sale Agreement dated 1LT QP.L' i

between ("Buyer) 2

concomW (IM 'Propøry). 4

IT IS AGRERO WEN THE SELLER AND EUYERAS FOLLOWS

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20

21

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24

28

26

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28

30

ALL OTHER TERMS AND CONDITIONS of ould A6rmcrnt remain unchg@d,

InIUa SUYBR 4' Date: .L2JeLL! SELLER; ______ Dt /

81)YEI JL_ Dat suc; Z=_ te ' - C' /

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