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Home My Public Portal About1972.02.14 American Legion Memorandum of Ageement li .. MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF-AGREEMENT made and entered- into , - this 11+t day of February, 1972 , by and between McCall Post No. 119 , The American Legion Indo-rporated, an Idaho Corpora- . tion with its principal place of business at McCall , Idaho, hereinafter called the Legion, and the City of McCall , a Municipal Corporation of the State of Idaho, hereinafter called 'the City, W I T N E S S E T H : WHEREAS , the Legion is the owner of real property • situate in McCall , Valley County, Idaho , more particularly described as follows , to-wit : • A tract of land in Lot 3 , Section 9 , Township 18 North , Range 3 East, B.M0 , more particu- larly described as follows : • Commencing at a point sixty feet south cf the Southwest corner of Block 3 of the Townsite of McCall, Idaho, as per amended plat of same now on file in the office of the Recorder of Valley ' County; thence measure South on a line with the _ West line of said Block 3 , 1.07 feet more or less , - to the North boundary of the Idaho Northern Rail- road right of way; thence measure West 77°45 ' South 106 feet, more or less , to an extension of the East line of Block 4 of. - the Townsite of 4.. ; McCall, Idaho; thence measure North on a line - with the East line of said Block 4 , 177 feet ; more or less , to the South line of Park Street; thence measure East along South line of Park Street 80 feet to the point of beginnings ' WHEREAS , it is the desire of the Legion to transfer:‘, - and convey said lands and premises to the City of McCall, Idaho, . for such municipal purposes as the City deems fit, • with the understanding between the Legion and the City upon . . the terms and conditions hereinafter set forth. . • NOW, THEREFORE , in consideration of the mutual cove-, nants and agreements hereinafter contained the parties hereto • do hereby agree as follows : In consideration for such lands and premises the City ' hereby agrees to : ( 1 ) Accept ownership of such real property from the Legion and furnish, in perpetuity, the facili- ' ties hereinafter described, without cost, to the Legion and its Auxiliary; (2 ) Keep up and maintain the improvements on the above described premises until required to . remove the improvements thereon for the con- struction of new city facilities ; • ( 3 ) In the present improvements and in any new construction or replacements of such present im- p• rovements ,ovements , to provide the Legion and its Auxil- . iary with a private storage facility capable of being locked, of at least 238 square feet in area and average ceiling height, with a 36 inch wide door, situate adjacent to the meeting room here- inafter. described ; (4) In the present improvements and in any new construction or replacements thereof , to provide • a meeting place for business and social purposes for the Lgion and its Auxiliary upon one regu- larly scheduled meeting night per month for each group and at such other times as will not inter fere with City business ; said meeting place shall contain at least 800 square feet in area and be of sufficient ceiling height to accommodate stand- and Legion staffed flags ; • ( 5 ) In connection with such meeting place, to provide a facility for the making of coffee and preparation of light refreshments together with a sink with hot and cold running water, for use of 'the Legion and its Auxiliary. . •The parties agree that this memorandum of agreement be spread upon the minutes of their respective meetings author- izing the execution hereof in order that a permanent record of such action shall be preserved. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals pursuant to due authorization of their • respective Board of Directors and Mayor and Council. ' . • - McCALL POST NO. 119 , THE ' AMERICAN LEGION, INCORPORATED By // - — - - At sts te - ComVander .)")41'ci:-.6 ' Adjutant CITY OF McCALL, IDAHO ROBERT H. REMAKLUS ATTORNEY AT LAW CASCADE, IDAHO 83611 February G, 1972 Mr. William A. Kirk Cityx Clerk McCall , Idaho Dear Bill : In connection with the transaction concerning the American Legion property, enclosed are the following : Memorandum of Agreement, 4 copies , two of which to be signed by Legion officials and the Mayor and Council, with one copy for Legion minutes and the other copy to be attached to city minutes ; Handwritten memorandum of agreement and 2 photocopies ; handwritten and one photocopy should be returned to the Legion with photo- copy for city records ; Original handwritten minutes of Legion meet- ing of July 28, 1971, with 2 photocopies ; I suggest that the Commander and Adjutant exe- cute all of them so that the city has a copy for its official records with the original and extra copy for the Legion. Mr. Boydstun has a corporation warranty deed from hereto- fore prepared by this office which may be executed by the Legion Commander and Adjutant in connection herewith. Very truly yours , Robert H. Remaklus bs 3v MINUTES OF DATE July 28 1971 D,,,r,ua Nr f ATTENDANCE: TIME: BY 7/6/ POST NO. 119 DEPARTMENT OF Ida. 3 8:00 / COMMANDER OFFICERS CONVENED THE AMERICAN LEGION MEMBERS 4 9:40 ADJDLIRN ED TOTAL 7 The meeting this date of the MoCell Post #119, The American Legion, was called to order et48:00 PM. by Commander Neal Boydstun with the following members present: Neal Lloydstun, Vern Hoss, Vern White, Don Boos, Lester Scheline, Clyde Barr , Edward Barr. Commander Boydstuh stated that the purpose of this meeting was to discuss a proposal by letter from the McCall City Council , to acquire by purchas:; or dona-tion the American Legions property in McCall . After a len!'thy discussion, it was the decision of all those present that a joint meeting withe !.merican Legion Aux. unit and the Post should be held in the very near future to make a final decision on the matter. The rneetirp adjourned at 9:40 PM. 4 %C Iu )`' ' MINUTES OF DATE r1." ',• M y 1971_-_ ADJUTANT • l / � ATTENDANCE: TIME: (/ COST NO. ] 1 9 DEPARTMENT OF lua. s . )Y � ✓'P OFFICERS CONVENED • 1v COMMANDER THE AMERICAN LEGION MEMBERS ADJOURNED ;• TOTAL The joint :eti nc �-' A.s date of tl� c _"c^a] I l'ns+ /111 L ar;d the -►ux. unit Y. l 9 , h e er i cur i 8E.'i ^r, was ca11 e . to or ._;y by ^cm ar, der POyc st,,n with the f c11 cw'.m , :Y:.exn, ..rs of the Post resn ♦ T YI s (Moss , Clyde P . ,l, '3cbe ?n-� lTor n .�._,nt. _ ra_ c, a .rigs , "u:�r , :s;,:;r a�.,�.1 .�. , ..r_, Vern 'Toss, �{,.t; ear 4„+ t � �,, .,,-� ` the c -s,i 1� :iX .;°`' � rCSe:^ 4�r '?"'ee : irs "erg' 'bite , -. _ s Fatt "eika]a , 'panda "rahr , "azel Thhel lne , Lois .grist, "arc: "t1i] I c T , Pear1 7ovdston , —ary Fos. Th rn n t r et _r of h Post of July 2E, 19/ 1 �Y`�fe e 1 ute:, ��i the :�? 1. L. t_ _. read by tt ne ca 1'e,.+ f t+..� T.r ro _.on e- - . f` rn �t b, �.� �.n_m __s n �,, Aux. �-.�it �1:� .� t we _�,_ n,_,,,e�. �, thc. ccrlTiard.,� of the Jror>osal by the l`cCal ] CityCouncil . er After a General discuss; ( ri , rear] ''hydstnn moved to croce d with U]ar s tr donate the Le,d, -ns , cCe] ] nron,er4 the City jai.*lh the provisions that a perpetna] lace to meet , '' ^ necessary meet' ree and storace' facilities , be provided in their t: ] ,iil dingy° n] ar s and that r,o final aCreemer,ts be made until all requirements are rees"nably met. 2nd by Lester Schelire . The motion carried unanimously. It was agreed that the three officers of the Post v:�ool d act aF the ne7otiatin committee . The "'eetino. ad,ccurred at g: 15 MODIFICATION OF AGREEMENT The undersigned wish to modify that certain Memorandum of Agreement dated February /5 , 1972 , by and between the parties hereto (hereinafter referred to as said Memorandum) in the following respects : 1. The Legion specifically agrees that the City may remove forthwith the improvements on the premises described in said memorandum; and the City may construct a public li brary thereon; 2. The Legion and Auxiliary shall meet in such other place or places as the City may provide until the City fa- cilities contemplated in said memorandum have been constructed; 3. The City agrees to store in a safe place or places the items of personal property of the Legion with the specific understanding that the hospital beds and wheelchairs shall at all times be readily available in the event of need therefor. In all other respects the said memorandum above referred to is hereby confirmed. Dated this )Z day of April, 1972. McCALL POST NO. 119, THE AMERICAN LEGION, INCORPORATED Attest: Conander CITY OF McCALL, IDAHO Adjutant f , By ' c ' Attu: mayor City Clerk