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. ' AGREEMENT FOR DONATION OF LAND THIS AGREEMENT, made and entered as of theday of UeceM 199 by and between the CITY OF MOSCOW, IDAHO, a municipal corporation of the State of Idaho (hereinafter referred to as the "City"), and the IDAHO HOUSING AGENCY, a public body corporate and politic, of the State of Idaho, 760 West Street, Boise, Idaho (hereinafter referred to as the "Agency"). WITNESSETH: WHEREAS, the City proposes to donate to the Agency certain land described on Exhibit attached hereto (the "Land") upon which the Agency intends to cause to be constructed a housing project for low income persons (the "Project"); and WHEREAS, it is contemplated that the Project to be constructed on the Land will be a low income housing project as contemplated and defined by all applicable codes and regulations NOW, THEREFORE, in consideration of the mutual covenants and conditions it is hereby agreed by and between the parties hereto as follows: 1. Definitions and Interpretation. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of this Agreement: "Agency" means the Idaho Housing Agency established under Title 67, Chapter 62, Idaho Code, as amended. "Land" means the real property described on Exhibit attached hereto. "Project" means a low income housing project, within the meaning of Section 42(g) of the Internal Revenue Code to be constructed on the Land. "City" means the City of Moscow, Idaho, a municipal corporation of the state of Idaho 2. Consideration. The Agency agrees to accept, and the City agrees to donate the Land described in Exhibit for use by the Agency as a site for construction and maintenance of the Project. AGREEMENT FOR SALE OFLAND PAGE 1 ---PAGE BREAK--- 3. Title. Title of the City is to be conveyed by Gift Deed. 4 . Title Insurance. The City shall provide an Owner's Policy of Title Insurance in favor of the Agency. 5. Costs. Costs of closing shall be borne by the Agency. 6. Closing. Closing shall be on or before December 31, 1993. 7. Possession. The Agency shall be entitled to possession upon closing. 8. Reservation/Easement for Use of Animal Shelter. The City reserves to itself an easement for the current animal shelter site for the purposes of operating an animal shelter until such a time as a new animal shelter is constructed for use by the City. Provided that such easement shall expire on October 1, 1994, at which time the City shall vacate the current animal shelter site. 9 . Severability. The invalidity of any clause, part or provision of the Agreement shall not affect the validity of the remaining portions thereof. 10. Modification. This Agreement may not be altered, modified or amended except in writing signed by the City and the Agency. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have set their hands as of the day and year above written. CITY OF MOSCOW, IDAHO IDAHO HOUSING AGENCY by: Y Paul C. Agidiusor by Authorized Officer ATTEST: Elaine Russell, City Clerk AGREEMENT FOR SALE OF LAND PAGE2 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) On thisay of 1 993, before me, the undersigned, a Notary in and for said State, personally appeared Paul C. Agidius, in his official capacity as the Mayor of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) On thisJhl day ofW 1 993, before me, the undersigned, a Notary in and for said State, personally appeared Elaine Russell, in her official capacity as the Clerk of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. AGREEMENT FOR SALE OFLAND PAGE3 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County ofliiNl» Ada ) On this2lst day of Decemberi993, before me, the undersigned, a Notary in and for said State, personally appeared Gerald Hunter in his/her official capacity as an authorized representative of the Idaho Housing Agency that executed the foregoing instrument and acknowledged to me that such Agency executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. AGREEMENT FOR SALE OFLAND NOT Y PUBLIC for Idaho Residt g at tt:. ½¾ ¼ , My Commission expires: '17 PAGE 4 ---PAGE BREAK--- •7/29?"93 15:49 '8'[PHONE REDACTED] Job No. S432-A BDS - 07/29/93 - 1\'YATI JAYKDI ENG EXHIBIT LEGAL DESCRIPTION MOSCOW HOUSING PROJECT ADDITIONAL 400 FEET TO EAST A parcel of land in the North 1/2 of the SW 1/4 of Section 16, Township 39 North, Range 5 West) B.M., in the County of Latah, State of Idaho, more particularly described as follows: Commencing at the northwest corner of the southwest quarter of Section 16, T. 39 R. 5 B.M. (a brass cap monument in a case); thence South for 99.59 feet; thence N 89°19'20" E for 40.00 feet to the northwest corner of Mercer Addition, recorded as Instrument No. 263962 in the Recorders Office of said County; thence N 89°24'11" E along the south right-of-way of White Avenue for 403.35 feet (N 89°19'20" E, 403.36, record per plat of Mercer Addition); thence South for 20.00 feet to a point on the south right-of-way of White Avenue; thence N 89°24'11" E along said south right-of-way for 433.03 feet to the TRUE POINT OF BEGINNING; thence continue along said south right-of-way N 89°24'11" E for 400 feet; thence South 337.85 feet to a point on the north line of the cemetery property as recorded (Warranty Deed Instrument No. 264308); thence S 87°28'20" W along the north line of the cemetery property for 400.37 feet; thence North 351.34 feet to the POINT OF BEGINNING. Containing 3.16 acres more or less. Subject to all easements and/or rights-of-way per record or apparent on ground. - . - - . - 141001/001 ---PAGE BREAK--- c:l: ca :c LLJ u· I] u •J ' cs a .Jr.. 9 J'%1. C4P lAmf7'6 PKtm) - ) ¶ .5 . . - " ´ µ fl R a RECORD OF SUE A PARCEL OF LAND IN THE NORTH 1/2, OF SE RANGE 5 WEST. B.M., IN THE COUNTY 0 BASIS OF BEARING BZiliQ aJ I .&l.lllfO TD lUJRm UB W mK PaD BD1IDII nm rotJIU) PDI8 ar DUIIIIO arr IIUIIVZ'I' All 11110'11 OJ IIUJrVEr us - DlDD ¸'nl) 011 m.a 1lll'l nm Cl 'EI HB9•e4 '11'£ 403. CH) WHITE -smmt eo.ao 433.03 ¹.01 CR> lllmi :18 • :l4 I'D. e;rr JIIIWl AVENUE i " 3.59 ACRES LEGEND I • - IOUIID llll:nDK aaoa 1 qu.mra IXIIIlUil JS ROD:I) 0 - tuOIID JS NOrm • - sr eM III8.Ul tm1 caP IIWII'I:D w DG. - 11UJmM111 BOUliiWlr UIIK OQ - IIJWIUBID PI!R 1'1111 lliOII'ra" - 1IICOID lOio8tiiiKDI8 PD acar.,... t'!IPV' JIIISf'IWn' ml WftiA f189•e:J 1 NQ9•24 'U'E l:D 400.00 3.16 ACRES 400.31 $87•28'20'11 1· $87•1!8'20'11 1441 1WIII at 8U8I llOSCOY CEMETER' 'WARRANTY DEED I n too