HomeMy Public PortalAboutSupplemental MOUSUPPLEMENTAL MEMORANDUM OF UNDERSTANDING
RESPECTING CONDEMNATION ALTERNATIVES
This Supplemental Memorandum (sometimes called this "Agreement" in the rest of this
Supplemental Memorandum) is agreed to October 26, 1995, by and between the City of McCall,
an Idaho municipal corporation ("City"), and McCall Gas Station, Inc., an Idaho business
corporation ("MGSI"), by D. John Carey, of Saratoga, California, its President, for and in
consideration of the mutual promises herein contained.
1. The parties have entered into a Memorandum of Understanding which calls for Samuel Kalman
to cooperate in the condemnation of what is therein referred to as the Condemnation Parcel for
$200,000. MSGI is endeavoring to secure the cooperation of Kalman in this regard.
2. Should for any reason Kalman decline to cooperate in the condemnation, MGSI will purchase
the Condemnation Parcel from Kalman and City will file the condemnation against MGSI. In
such an event, MGSI will not dispute the allegations set out in the Memorandum of
Understanding respecting value compensation valuation considerations. MGSI waives any
right to see an appraisal and waives any obligation of the City to obtain any appraisal or to
make any other or further offer to MGSI in this regard, in the light of City's need to make use
of condemnation. MGSI acknowledges that the Memorandum of Understanding is in part
consideration by way of just compensation for such contemplated condemnation, and will
stipulate to the entry of judgment in the condemnation action.
3. This Supplemental Memorandum is supplemental to such Memorandum of Understanding and
shall not be considered extinguished by that Memorandum.
Dated:
McCall Gas Station, Inc.
by:
%-\-\
c—D7 ohn Carey,
by:
City of McCall
by:
Dean A. Martens,
Mayor
Attest:
James H. Henderson,
City Clerk
State of Idaho )
) ss.
County of Valley ) On this 20.7`1,- day of Oa , in the year 1995, before me, D kv-a- "444, 1 �1_
notary public, personally appeared D. John Carey, known or identified to me to be the president,
or vice-president, or secretary or assistant secretary, of the corporation that executed the instrument
or the person who executed the instrument on behalf of said corporation, and acknowledged to me
that such corporation executed the same.
Notary Public for Idaho
My commission expires: (�� j9(o
State of Idaho )
) ss.
County of Valley )
On this of , in the year 1995, before me, ,
notary public, personally appeared Dean A. Martens, known or identified to me to be the Mayor of
the City of McCall that executed the said instrument, and acknowledged to me that such City of
McCall executed the same.
Notary Public for Idaho
My commission expires: