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HomeMy Public PortalAbout2022.06.30 Donation Agreement - KetlinskiInstrument # 454102 VALLEY COUNTY, CASCADE, IDAHO 11-08-2022 14:01:20 No. of Pages:19 Recorded for: CITY OF MCCALL DOUGLAS A. MILLER Fee: $0.00 Ex-Officio Recorder Deputy: GK Electronically Recorded by Simplifile DONATION AGREEMENT This AGREEMENT is entered into effective this 30 day of June 2022, by and between Todd Ketlinski and Christi Ketlinski, husband and wife, whose current address is 1714 W Clearvue Street, Eagle, Idaho 83616 (hereinafter referred to as the "Ketlinskis"), and the City of McCall, Idaho, whose current address is 216 East Park Street, McCall, Idaho 83638, (hereinafter referred to as "the City". Ketlinski and the City are collectively referred to as "Parties." RECITALS A. Ketlinskis are the fee owners of the real property physically located at I I I West Lake Street, McCall, Idaho 83638 and more particularly described as Lot 1 of the South Shore Subdivision, situated in the NE '/ of the NE '/ of the W '/z of Section 8, T18N, R3E, B.M. City of McCall, Valley County, Idaho. (collectively "Ketlinski Property"). B. There is currently a 1,090 sq. ft. residential structure located on the Ketlinski Property (the Structure). Photographs of the Structure are attached hereto as Exhibit A. C. Ketlinski represents that they have unencumbered title to the Structure warrant that no third party of any kind or nature has a lien or other fee interest in the Structure and that fee ownership of the Structure can be gifted and transferred to the City without any encumbrance of any kind whatsoever. D. The Ketlinskis propose to make a voluntary donation the Structure to the City. E. The City is willing to accept donation of the Structure and undertake the cost of relocation of the Structure from the Ketlinski Property to another property owned by the City. F. The Ketlinskis and the City desire to memorialize the terms of their agreement. AGREEMENT WHEREFORE, the Ketlinskis and the City agree as follows: 1. Donation: Effective as of the date of execution of this Agreement, the Ketlinskis agree to gift fee simple ownership of the Structure to the City. This gift includes, without limitation, all rights in and to the Structure, including the right to own, transfer, possess, modify, improve, remodel, destroy, relocate, and use the Structure in perpetuity as the City may direct from time to time. The rights transferred by the Ketlinskis to the City in the Structure are irrevocable and shall inure to the benefit of the City's heirs and assigns. 2. The City agrees to accept all ownership of the Structure, and likewise agrees to remove the Structure from the Ketlinski Property on or before June 7, 2022. 3. Ketlinski hereby grants to the City a license to enter upon the Ketlinski Property for purposes of removal and relocation of the Structure. Such license shall continue at all times and for all purposes, and extend to such persons as the City may, in its sole discretion deem DONATION AGREEMENT - 1 June 30, 2022 DONATION AGREEMENT This AGREEMENT is entered into effective this 30 day of June 2022, by and between Todd Ketlinski and Christi Ketlinski, husband and wife, whose current address is 1714 W Clearvue Street, Eagle, Idaho 83616 (hereinafter referred to as the "Ketlinskis"), and the City of McCall, Idaho, whose current address is 216 East Park Street, McCall, Idaho 83638, (hereinafter referred to as "the City". Ketlinski and the City are collectively referred to as "Parties." RECITALS A. Ketlinskis are the fee owners of the real property physically located at 111 West Lake Street, McCall, Idaho 83638 and more particularly described as Lot 1 of the South Shore Subdivision, situated in the NE '/ of the NE '/ of the W %2 of Section 8, T18N, R3E, B.M. City of McCall, Valley County, Idaho. (collectively "Ketlinski Property"). B. There is currently a 1,090 sq. ft. residential structure located on the Ketlinski Property (the Structure). Photographs of the Structure are attached hereto as Exhibit A. C. Ketlinski represents that they have unencumbered title to the Structure warrant that no third party of any kind or nature has a lien or other fee interest in the Structure and that fee ownership of the Structure can be gifted and transferred to the City without any encumbrance of any kind whatsoever. D. The Ketlinskis propose to make a voluntary donation the Structure to the City. E. The City is willing to accept donation of the Structure and undertake the cost of relocation of the Structure from the Ketlinski Property to another property owned by the City. F. The Ketlinskis and the City desire to memorialize the terms of their agreement. AGREEMENT WHEREFORE, the Ketlinskis and the City agree as follows: 1. Donation: Effective as of the date of execution of this Agreement, the Ketlinskis agree to gift fee simple ownership of the Structure to the City. This gift includes, without limitation, all rights in and to the Structure, including the right to own, transfer, possess, modify, improve, remodel, destroy, relocate, and use the Structure in perpetuity as the City may direct from time to time. The rights transferred by the Ketlinskis to the City in the Structure are irrevocable and shall inure to the benefit of the City's heirs and assigns. 2. The City agrees to accept all ownership of the Structure, and likewise agrees to remove the Structure from the Ketlinski Property on or before June 7, 2022. 3. Ketlinski hereby grants to the City a license to enter upon the Ketlinski Property for purposes of removal and relocation of the Structure. Such license shall continue at all times and for all purposes, and extend to such persons as the City may, in its sole discretion deem DONATION AGREEMENT - 1 June 30, 2022 and for all purposes, and extend to such persons as the City may, in its sole discretion deem necessary for the removal of the Structure from the Ketlinski property and relocation to another City owned Property. 4. Ketlinski agrees to indemnify and defend the City for any claims, demands or lawsuits of any kind, source or nature which may arise as a result of the gift and transfer of ownership of the Structure to the City. 5. Entire Agreement. This written agreement and the terms provided herein represent a full and complete statement of the intentions and terms of the gift of the Structure by the Ketlinskis to the City and shall supersede any previous agreements statements or understandings between the Parties. 6. Situs. This Agreement shall be construed under the laws of the State of Idaho. Venue for any dispute regarding this Agreement shall be Valley County. 7. Remedies. The parties acknowledge that the parties and their respective heirs, successors and assign, shall have all rights and remedies provided at law or in equity to enforce this Agreement. In the event of any judicial action arising from this Agreement, or attempting to enforce any right herein granted, the prevailing party in such judicial action shall be entitled to recover its attorney's fees and costs incurred. 8. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates below indicated. KETLINSKI: aVI, � Todd Ketlinski £,v per' Christi Ketlinski MCCALL: obert S. Giles, Mayor ATTEST: ,i ►+�Slir , ,// %'// / Dated: \ (,(,(r ,f)U , 2022 essieJo Wa. er, City 1/ erk Dated: Dated: , 2022 , 2022 Dated: �(,l!/0_3�� , 2022 DONATION AGREEMENT - 2 June 30, 2022 and for all purposes, and extend to such persons as the City may, in its sole discretion deem necessary for the removal of the Structure from the Ketlinski property and relocation to another City owned Property. 4. Ketlinski agrees to indemnify and defend the City for any claims, demands or lawsuits of any kind, source or nature which may arise as a result of the gift and transfer of ownership of the Structure to the City. 5. Entire Agreement. This written agreement and the terms provided herein represent a full and complete statement of the intentions and terms of the gift of the Structure by the Ketlinskis to the City and shall supersede any previous agreements statements or understandings between the Parties. 6. Situs. This Agreement shall be construed under the laws of the State of Idaho. Venue for any dispute regarding this Agreement shall be Valley County. 7. Remedies. The parties acknowledge that the parties and their respective heirs, successors and assign, shall have all rights and remedies provided at law or in equity to enforce this Agreement. In the event of any judicial action arising from this Agreement, or attempting to enforce any right herein granted, the prevailing party in such judicial action shall be entitled to recover its attorneys fees and costs incurred. 8. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates below indicated. KETLIN KI: Ketlinski Christi Ketlinski MCCALL: , Mayor ATTEST: BessieJo Wagner, City Clerk Dated: I 0 / . (0/ , 2022 Dated: (U/ a `o/ , 2022 Dated: , 2022 Dated: , 2022 PARKS DONATION AGREEMENT - 2 ACKNOWLEDGEMENTS STATE OF IDAHO, County of a0)IN (ss. ) On this act, day of 0 C_ -O r-- , 2022, before me, a Notary Public in and for said State, personally appeared Todd Ketlinski, known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREO000kkaii,ereunto set my hand and affixed my official seal, the day and year in this certificat id ,_ 0 Y. STATE OF IDAHO, County of Ab-A 4, etlP ft : Let COt SSION = NOTARY PUB C FOR IDAHO EXPIRES 10-7-2027 ` Residing at: ,�© /��i , r� '. r_ 10� 4,- 2 My Commission Expires: / 7- ,74,377 •%'- immitto .) On this D , day of 0 C+c$e.r` , 2022, before me, a Notary Public in and for said State, personally appeared Christi Ketlinski, known or identified to me to be the person whose name is subscribed to the within instrument, 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 in this certificate first above written. Afteieopit_ NOTARY PUBLIC FOR IDAHO Residing at: 13 .5el, .•�'� My Commission Expires: /o ' 7' 7 STATE OF IDAHO ) PARKS DONATION AGREEMENT - 3 STATE OF IDAHO ) (ss County of Valley ) On this 'Jo day of J y n Z , 2022, before me, Lore 4. N, 1 k n0 a Notary Public, personally appeared Robert S. Giles, known or identified to me to be the Mayor of the City of McCall, Idaho, the municipality that executed the instrument or the person who executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. LORI A WILKINS NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20220789 MY CCMM SSION EXPIRES 3-1-2028 STATE OF IDAHO (ss County of Valley a, oLok,„,-„,, ARY PUBLIC FOR IDAHO Residing at: VaI I el £n rf-,n-i1 On this 36 day of j u.ne , 2022, before me, Lori 4. RII,k) n5, a Notary Public, personally appeared BessieJo Wagner, known or identified to me to be the Clerk of the City of McCall, Idaho, the municipality that executed the instrument or the person who executed the instrument on behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. LORI A WILUUNS NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20220789 MY COMMISSION EXPIRES 3-1-2028 ARY PUBLIC FOR IDAHO Residing at: v a II 641 DONATION AGREEMENT - 4 June 30, 2022 Exhibit A (Photographs of the Structure) DONATION AGREEMENT - 5 June 30, 2022 1i1111'1(� -ill 1301111M#',:I00UNINIMMatitlif4W414i4til45104i44*411 11 * I