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AGREEMENT FOR DONATION OF REAL PROPERTY THIS AGREEMENT, made and entered into this day of (lJÀ"/< 1996, by and between the CITY OF MOSCOW, IDAHO, a municipal corp<Ábition sbf the State of Idaho (hereinafter referred to as the "City"), and the MOSCOW RURAL FIRE DISTRICT, a governmental subdivision of the State of Idaho and body politic and corporate, 603 South Main, Moscow, Idaho, (hereinafter referred to as the "MRFD") WITNESSETH WHEREAS, the MRFD is a fire protection district established under Title 31, Chapter 14, Idaho Code, as amended; and WHEREAS, the MRFD has identified a need to provide a fire station for the storage of fire trucks and other fire fighting equipment and for other fire suppression purposes; and WHEREAS, the City of Moscow Volunteer Fire Department and the MRFD are both volunteer organizations which provide fire protection services; and WHEREAS, the City of Moscow owns vacant real property, described on Exhibit A, attached hereto and incorporated by reference, adjacent to real property upon which the Moscow Fire Department has a fire station, which real property is suitable as a site for such MRFD fire station; and WHEREAS, the MRFD has proposed that the City donate certain real property described on Exhibit A, which is also needed to construct the fire station; and WHEREAS, the Moscow Rural Fire District also requires an access easement for ingress and egress over, along, and across the real property described on Exhibit B, attached hereto and incorporated by reference, for access to the real property described on Exhibit A; and WHEREAS, the City of Moscow is authorized to own, convey, and transfer real property pursuant to Idaho Code 50-30 I; and WHEREAS, the City of Moscow may donate real property with or without consideration pursuant to Idaho Code 50-1405; and WHEREAS, the City Council has deemed it to be in the public interest to provide real property and an easement to the MRFD for the construction of a fire station to be used for fire truck and fire equipment storage and other fire suppression purposes. AGREEMENT FOR DONATION OF REAL PROPERTY Page I 96-33 ---PAGE BREAK--- NOW, THEREFORE, in consideration of the mutual covenants and conditions it is hereby agreed by and between the parties hereto as follows l . Consideration. The MRFD agrees to accept, and the City agrees to donate the real property described in Exhibit A for use by the MRFD as a site for construction and maintenance of a fire station. 2. Title. Title of the real property owned by the City described on Exhibit A is to be conveyed to MRFD by a Deed of Donation. 3. The MRFD and the City agree that the Deed of Donation from the City to MRFD shall contain the following clauses: PROVIDED, however, that the conveyance of the real property described in Exhibit A is made upon the condition that the real property herein described shall be forever held and maintained by the GRANTEE or its successors, heirs and assigns as a site for the construction and maintenance of a fire station to be used for the storage of fire trucks and fire equipment and other fire suppression purposes, and upon the condition that should GRANTEE, its heirs or assigns, ever cease to use the property for fire truck and fire equipment storage or other fire suppression purposes, then the real property and improvements thereon described herein shall revert to the GRANTOR and the GRANTEE shall prepare and record any instrument necessary to perfect the reversion rights of the GRANTOR in such real property. AND PROVIDED FURTHER that the work of constructing the fire station shall be begun on or before the passage of two years from the effective date of this deed, otherwise the real property described herein shall revert to the GRANTOR and the GRANTEE shall prepare and record any instrument necessary to perfect the reversion rights of the GRANTOR in such real property. 4. Easement. The City agrees that, simultaneous with the execution of the Deed of Donation, the City shall grant to the MRFD an easement for ingress and egress over and across the real property described in Exhibit B, attached hereto and incorporated by reference, to the real property described in Exhibit A. The City shall have sole right to determine the physical location of said access easement. 5. Cost of Improvements to Easement Area. The MRFD agrees to participate one half (1/2) in the cost of maintenance of the easement described in paragraph 4 of this Agreement, and further, that should the City elect to relocate or improve the easement described in paragraph 4 of this Agreement, then the MRFD shall participate one-half ( l/2) in the cost of relocation or improvement. 6. Building Standards. The MRFD agrees that the City shall have the right of final review and approval of the MRFD plans for construction of the fire station. Such AGREEMENT FOR DONATION OF REAL PROPERTY Page 2 ---PAGE BREAK--- approval of the fire station's exterior appearance may be withheld based on building design and/or building materials. 7. Costs. Costs of closing shall be borne by the MRFD. 8. 9. Possession. The MRFD shall be entitled to possession upon closing. 10. Severability. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof II. Modification. This Agreement may not be altered, modified or amended except in writing signed by the City and the MRFD. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have set their hands as of the day and year first above written. CITY OF MOSCOW, IDAHO By / a_c:::7 Paul C Ag1dms, Mayor ATTEST AGREEMENT FOR DONATION OF REAL PROPERTY Page 3 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this of 4$ , 1996, before me, the undersigned, a Notary Public in and for said State, appeared' aul 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. Notary Public in and for the State ofidaho My Commission Expires: 4 /9 :f ' ' ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) l:l. On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, app ared Iaine Russell, in her official capacity as the City 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. Pulilic m and for the State of Idaho My Commission Expires "k>/99 ' AGREEMENt FOR DONATION OF REAL PROPERTY Page 4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On this i day of l:t , 1996, before me, the undersigned, a Notary Public in and for satd State, appeared J. me, g Oem e no v , m hts/her offictal capacity as an authorized representative of the Moscow Rural Fire District, that executed the foregoing instrument on behalf of the City, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Notary Puij(c in and for the State ofldaho My Commission Expires "Jv t ;tJ;l!{ J 1/ jJ • AGREEMENT FOR DONATION OF REAL PROPERTY Page 5 ---PAGE BREAK--- EXHIBIT A The easterly 29.00 feet of the northerly 125.00 feet of the Highway District No. 2 of Latah County 3 acre tract described Warranty Deed No. 179935 recorded in Book 124 of Deeds, page 491, records of Latah County, Idaho as follows: Beginning at a point on the south line of the northeast quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, which point is 528 feet west of the southeast comer of the northeast quarter of said Section 17 and is also the southwest comer of the Wahler tract described in an instrument recorded in Book 94 of Deeds, page 462, records of said Latah County; thence North along the west boundary of said Wahler tract 330 feet to the northwest comer of said tract; thence West 396 feet, parallel to the south line of said northeast quarter; thence South 330 feet, parallel to the west line of said Wahler tract, to the south line of said northeast quarter; thence East 396 feet along said south line to the point of beginning; and also The westerly 21.00 feet of the northerly 125.00 feet of the City ofMoscow 2.84 acre tract described in Warranty Deed 227501 recorded in Book 153 of Deeds, page 359 records of Latah County, Idaho as follows Beginning at a point 368.26 feet S89°57'W of the quarter section comer common to Sections 16 and 17, Township 39 North, Range 5 West, Boise Meridian, said point being on the south line of the northeast quarter of said Section 17, and running thence S89°57'W 160.0 feet along said south line of the northeast quarter; thence N0°0l'E 330 OJ feet; thence N89°57'E 496.77 feet to a point on the west right-of-way line of Mountain View Road; thence South 90.00 feet; thence S34°36'W 413.82 feet to the point of beginning. Also subject to existing encumbrances and easement of record. AGREEMENT FOR DONATION OF REAL PROPERTY Page6 ---PAGE BREAK--- EXHI BIT B All of the City of Moscow 2.84 acre tract described in Warranty Deed 227501 recorded in Book 153 of Deeds, page 359, records of Latah County, Idaho, said City of Moscow tract described in said Warranty Deed as follows Beginning at a point 368.26 feet S89°57'W of the quarter section corner common to Sections 16 and 17, Township 39 North, Range 5 West, Boise Meridian, said point being on the south line of the northeast quarter of said Section 17, and running thence S89°57'W 160.0 feet along said south line of the northeast quarter; thence N0°0l'E 330.01 feet; thence N89°57'E 496.77 feet to a point on the west right-of-way line of Mountain View Road; thence South 90.00 feet; thence S34°36'W 413.82 feet to the point of beginning. AGREEMEl\.'T FOR DONATION OF REAL PROPERTY 2/u 3'36 M. SUSAN PETERSEN lATAH COUNTY RECt)R0ttR AE$,'1,1. oo svl;i(J'"Y H/ PD 15¢;< q ;;J.El3 I D !f38Y.J Page 7