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AGREEMENT DONATING REAL PROPERTY This Agreement is entered into this 28th day of Apr i 1 , 1997, by and between RICHARD BEEBE and ROSETTA BEEBE, husband and wife, EDDIE SHIPLEY and JUDI SHIPLEY, husband and wife, husband and wife, (hereinafter the "GRANTORS"), and the CITY OF MOSCOW, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho 83843, (hereinafter the 'GRANTEE"); WHEREAS, GRANTORS are currently purchasing the PREMISES (as defined below) pursuant to a written agreement. WITNESSETH In consideration of the mutual covenants set forth herein, the GRANTORS and GRANTEE agree as follows: I. CONSIDERATION AND DESCRIPTION OF PREMISES In consideration of GRANTEE purchasing the property shown on Exhibit as Parcel from GRANTORS and from Ralph Weigley and Christine Weigley, husband and wife, GRANTORS agree to convey unto GRANTEE real property situated in the County of Latah, State of Idaho, and more particularly described as Parcel as shown in Exhibit "1 generally described as all of the real property from the top of the southern bank (including the top of the southern bank) of Paradise Creek, including Paradise Creek north to the northern boundary of Parcel along its entire boundary in common with the southern boundary of Parcel all as shown in Exhibit 1, a legal description of which, agreed upon by GRANTORS and GRANTEE, is to be supplied at a later date and before conveyance (hereinafter the "PREMISES") See EXHIBIT 2. TERMS AND CONDITIONS Upon the occurrence of any of the events described in Section 2.A of this Agreement, GRANTORS herein do hereby covenant and agree to convey the PREMISES to GRANTEE in fee simple absolute. This Agreement is subject to the following terms and conditions A. Conveyance of the PREMISES and the easement described at 2.E herein shall occur as soon as legally possible upon any of the following events, whichever occurs first in time: AGREEMENT DONATING REAL PROPERTY Page I 97-74 ---PAGE BREAK--- I) Sale or alienation of any portion of the property shown as Parcel in Exhibit by GRANTORS; or 2) Completion by GRANTORS of GRANTORS' agreement to purchase the PREMISES; or 3) Development (commercial or residential) of any portion of the property shown as Parcel in Exhibit or 4) Removal of legal impediment, if any, to conveyance of the PREMISES. B. Upon the occurrence of any of the events described above at 2.A, GRANTORS specifically agree that, simultaneously with the conveyance of the PREMISES herein, GRANTORS and Ralph Weigley and Christine Weigley, husband and wife, shall simultaneously donate to GRANTEE in fee simple absolute, real property situated in the County of Latah, State of Idaho, and more particularly described as Parcel and generally described as all the real property from the top of the southern bank (including the top of the southern bank) of Paradise Creek, including Paradise Creek north to the northern boundary of the PREMISES along its entire boundary in common with the southern boundary of Parcel all as shown in Exhibit a legal description of which, agreed upon by GRANTORS and from Ralph Weigley and Christine Weigley, husband and wife, is to be supplied at a later date and before conveyance of the PREMISES. C. GRANTORS shall have full use of the PREMISES until this conveyance has been fully executed by GRANTOR Provided however, that GRANTORS shall commit no waste upon the PREMISES or place any improvements thereon, including but not limited to, filling of the PREMISES or any portion thereof D. GRANTORS shall pay all taxes due on the PREMISES until this conveyance has been fully executed by GRANTEE. E. Upon the occurrence of any of the events described above at 2.A, GRANTORS herein do hereby covenant and agree to grant an easement to GRANTEE for utilities, public vehicular, non-vehicular and pedestrian use, which easement shall consist of a continuous twenty (20) foot wide strip of land generally described as that portion of land on Parcel south of Paradise Creek as measured from the top of the Paradise Creek south bank and which runs parallel to the bank of Paradise Creek from the east side of Mountain View Road to the western property line of Parcel and as further described in the easement to be recorded with Latah County, Idaho, all as shown in Exhibit F. In the event any part of the property marked as Parcel in Exhibit " I" is developed for residential purposes, donation of Parcel by GRANTORS pursuant to this Agreement is hereby accepted by GRANTEE as satisfaction of the parkland dedication required by Moscow City Code §5-1-S(F). AGREEMENT DONATING REAL PROPERTY Page 2 ---PAGE BREAK--- 3. CONDITIONS OF CONVEYANCE A Warranty Deed. Title to the PREMISES is to be conveyed by Warranty Deed, and is to be marketable and insurable except for rights reserved in federal patents, state or railroad deeds, building or use restrictions, building and zoning regulations and ordinances of any governmental unit, and rights of way and easements of record. There are no liens, encumbrances or defects which are to be discharged or assumed by GRANTEE, and title shall not be subject to any such liens or encumbrances or defects. B. Preliminary Commitment and Title. Upon the occurrence of any of the events described above at Section 2.A of this Agreement, GRANTORS shall immediately, at GRANTEE'S expense, apply for a preliminary commitment for a standard form Purchaser's policy of title insurance for the PREMISES to be issued through Latah Title Company. Said preliminary commitment and the title policy to be issued shall contain no exceptions other than those provided in said standard form and those noted in paragraph 3 .A hereof C. Environmental Matters. GRANTORS covenant that they have not placed or brought onto the PREMISES, nor permitted to be placed or brought onto the PREMISES, hazardous substances (as defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601(14) or materials including but not limited to, petroleum products, the removal of which is required or the maintenance of which is prohibited or penalized by any applicable local, state or federal law, ordinance, rule, regulation or requirement and, to the best knowledge of GRANTORS the PREMISES is free of all such hazardous substances and materials. GRANTORS assert that they have no specialized knowledge regarding hazardous substances or expertise beyond that of ordinary persons. D. It is hereby agreed that the "closing agent" for the conveyance of the PREMISES shall be Latah Title Company. E. On or before the closing date, GRANTORS and GRANTEE shall deposit with the closing agent all instruments necessary to complete the conveyance of the PREMISES. F. GRANTORS shall deliver possession of the PREMISES and of the two easements to the GRANTEE at time of closing. Closing means the date on which all documents are recorded. G. Closing costs and pro-ration. GRANTEE shall pay closing fees. Taxes shall be prorated as of closing. AGREEMENT DONATING REAL PROPERTY Page 3 ---PAGE BREAK--- 4. RIGHT TO ENTER ON PREMISES GRANTEE shall have the right to enter PREMISES for inspection, investigation, surveying, and testing of the PREMISES during the life of this Agreement at reasonable times. If such inspection, investigation and/or testing results in damage to growing crops, GRANTEE shall pay the reasonable cost of such damage. 5. VENUE AND ATTORNEY FEES GRANTORS and GRANTEE agree that should any provision of this Agreement be litigated in the future, the prevailing party will be entitled to reasonable attorney's fees and costs. Venue for any such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. IN WITNESS WHEREOF, GRANTORS and GRANTEE have executed this Agreement the day and year first set forth above. GRANTORS• Richard Beebe and Rosetta Beebe, Husband and Wife AGREEMENT DONATING REAL PROPERTY GRANTEE City of Moscow, Idaho Page 4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this ).§day of 1/Pil; I , 1997, before me, a Notary Public in and for said State, appeared Richard Beebe and Rosetta Beebe, husband and wife, known to me to be the persons named above and acknowledged to me that they executed the foregoing document \tsk r1. rJL- ( , NOTARY PUidJc for Idaho. : 3 ' Residing at S. M . My Commission expires • " STATE OF IDAHO ) ) ss County of Latah ) õ,,li,qttP''. ACKNOWLEDGMENT On this day of AP; f , 1997, before me, a Notary Public in and for said State, appeared Eddie Shipley and Judi Shipley, husband and wife, known to me to be the persons named above and acknowledged to me that they executed the foregoing document. AgreementVBecbe5 agreement to donate real property/dm AGREEMENT DONATING REAL PROPERTY Page 5 ---PAGE BREAK--- /VoÍt4 rt1 X PfiRCÎÏ & PARc.lil- A. 8.L) . . . . ..cðñ l',f I 1 ( _ , / - ' / -I VÌ$f II • 134.4 f'.3.ll P1f.-G€,L.G c?f.t: ' - - 'i.o ?ARCH D \JNPLAf\'ED RICK AND ROSETTA 8[[8[ [01)1£ MW JIJDY 5111rl[Y fi'AI.:'Fl i\t.d) CilRISiii·IE WLIGtEY 70' 70' 70' I I . - . . - I t z . I 0 Q VN LA11ED w · - 70' < Rtg;: AND ROSETTA OEEHE \ 3 òk? ' . . I 0 EDDIE ,,NO 3UDY Sdi."Lt:Y I - - - /t \0ÊË w . . - 1 - - I . . - . - 70' 01-2-- 70' 15' - I , CD. . . . . . l w 1 0 "0 ® / I / I 0 15,4oo s.r. 1s,400 s.r. _ 15,40 0 s.r. 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