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HomeMy Public PortalAboutAttorney- MOU- McCall & Gas StMILLEMANN, PITTENGER & McMAHAN ATTORNEYS AT LAW 706 NORTH FIRST POST OFFICE BOX 1066 MCCALL, IDAHO 83638 STEVEN J. MILLEMANN GREGORY C. PITTENGER BRIAN L. McMAHAN January 24, 1996 Gary Shimum City Manager City of McCall P. O. Box 986 McCall, ID 83638 TELEPHONE (208) 634-7641 FACSIMILE (208) 634-4516 Re: Memorandum of Understanding Between McCall Gas Station, Inc. and City of McCall Dear Gary: McCall Gas Station, Inc. has taken such steps as are necessary to enable it to be prepared to close its purchase of the Kalman property. Mountain Title and Escrow Company, Inc. of Cascade, Idaho has been designated as the closing agent for this transaction. The Memorandum of Understanding entered into between the City and McCall Gas Station, Inc., contemplates a simultaneous closing of the McCall Gas Station, Inc./Kalman purchase, and implementation of the Memorandum of Understanding. Since my client has until January 25, 1996 in which to complete the transactions, it is necessary that the City of McCall tender its performance and necessary documents to the closing agents, to enable the transaction to be completed by the 25th deadline. My review of the Memorandum of Understanding indicates that it will be necessary for the City to tender the sum of $200,000.00 to the closing agent, together with such necessary pleadings and documents to complete the condemnation of the "condemnation parcel." Additionally, the City will need to prepare and review such deeds as are necessary to exchange the properties between McCall Gas Station, Inc. and itself, as contemplated in the agreement. Mr. Carey is pleased that he has been able to bring these matters to a conclusion so that his closing of the Kalman transaction is possible within the time frame contemplated in the Memorandum of Understanding. Therefore, the request that was previously made to the City Council for an extension of time in Gary Shimun January 24, 1996 Page 2 which to close the Kalman purchase will not be necessary. Best regards, GREGORY C. PITTENGER Attorney for McCall Gas Station, Inc. GCP/km