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New Agreement for Gift of Real Property (approved 8-16-09)

AGREEMENT FOR GIFT OF REAL PROPERTY

(Changes are italicized and underlined)

 

This is an agreement ("Agreement") between GUTHRIE MILLER, a single person ("Donor"), and the SANTA FE MONTHLY MEETING OF THE' THE RELIGIOUS SOCIETY OF FRIENDS (QUAKERS), a New Mexico unincorporated association ("Meeting"), and the SANTA FE MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS (QUAKERS) TITLE-HOLDING TRUST ("Trust") concerning Donor's gift to the Trust for the benefit of the Meeting of the tract of land described below on the terms and conditions set out below. The parties acknowledge that each has received a copy of the Declaration of the Trust.
1. The land that is the subject of this Agreement (the "Property") is a tract of
vacant land located at the northeast comer of the intersection of Old Pecos Trail and Camino Lejo, Santa Fe, New Mexico. The Property consists of approximately 1.534 acres and is described as Lot 115W-B, as shown on the plat of survey by Paul A. Armijo titled "Lot Line Adjustment Survey Plat prepared for Guthrie Miller," recorded in Plat Book 628, at Page 28, records of Santa Fe County, New Mexico. A copy of that plat is attached as Exhibit A.
2. Donor shall convey an undivided fifty-five percent (55%) interest in the
Property to the Trust for the benefit of the Meeting on or before December 31,2008. If the Trust and the Meeting are then in substantial compliance with the terms and conditions of this Agreement, Donor will convey the remaining undivided forty-five percent (45%) interest in the Property to the Trust for the benefit of the Meeting, or to the Meeting, if the Trust has terminated, on December 31, 2014, or such earlier date as Donor may elect, or on Donor's death, whichever first occurs. Donor shall cause his last will and testament or equivalent document, or a transfer on death deed, to provide for transfer to the Trust for the benefit of the Meeting, or to the Meeting, if the Trust has terminated, of any interest in the Property owned by Donor at the time 0f his death, if the Trust and the Meeting are then in substantial compliance with the terms of this Agreement. Pending conveyance of the remaining forty-five percent interest, Donor and the Trust shall hold title to the Property as tenants-in-common.
3. On each conveyance of an interest in the Property by Donor, the parties
shall cooperate to qualify Donor's gift as a tax-deductible contribution to a religious organization. The parties will prepare and execute Internal Revenue Service Form 8283, Noncash Charitable Contribution. Expenses related to Donor's qualification of his contribution as tax-deductible shall be paid by Donor. Each party shall bear its or his own expenses with respect to this Agreement
4. Until Donor conveys all of the Property to the Trust or the Meeting, Donor
shall pay all property taxes assessed with respect to the Property. The Meeting will cooperate with Donor if Donor wishes to have the Santa Fe County Assessor determine that the Meeting's interest in the Property is exempt from property taxes.
5. Until Donor conveys all of the Property to the Meeting, each party shall
insure himself or itself against liability for occurrences on or about the Property, with liability limits of at least five hundred thousand dollars.
6. Until Donor conveys all of the Property to the Trust or the Meeting,
neither party shall do any act which results in any lien or claim of lien against, or other encumbrance of, his or its interest in the Property. If any such lien, claim of lien or other encumbrance is asserted against either party's interest in the Property, that party shall cause it to be removed within six months of the date on which it is first asserted or seven days prior to a foreclosure sale, whichever is earlier. At the time of Donor's 2008 conveyance to the Trust, the parties shall execute mortgages under which each party mortgages to the other party its or his interest in the Property to secure its or his performance of the provisions of this paragraph. Donor's mortgage shall also secure his agreement to contribute the remaining forty-five percent interest in the Property to the Trust or the Meeting, The value of the obligation secured shall be the value of the mortgagor's interest in the Property, which the mortgagee may bid in lieu of cash on foreclosure of the mortgage.
7. Donor’s original intent in donating the Property to the Meeting was to make it possible for the Meeting to use the Property as a building site for a future meetinghouse. Since restrictive covenants in the deed became known, it remains unclear if or when the Meeting would be able to follow this intent. For this reason, terms of the Agreement are hereby changed as follows:
The donor has donated the land to the Santa Fe Meeting to improve the life and facilities of the Meeting and thus to enhance its ability to work in support of Quaker values and goals in whatever way the Meeting decides is best. Decisions about development and use of the Property shall be made in a spirit of worship and in accord with the Quaker process for making such decisions. By executing this Agreement and accepting the 2008 donation for its benefit, the Meeting is not committing to build a meetinghouse on the Property. If the Meeting does not use the Property as its meetinghouse, the Meeting or the Trust, as the case may be, may make such gift or sale of the Property as may be appropriate to the benefit of the Meeting and the community. If the Meeting decides to sell the property after it becomes full owner of the land (after the 5 years of the mortgage agreement), and if the owner and his heirs still own the adjacent land, the Meeting will consult with them before choosing a buyer.
8. The Meeting acknowledges that as of the date of this Agreement the Property is zoned R-1 and that religious assembly is a permitted use in R-1 zones. The Meeting also acknowledges that the Property is in the Historic Review District, which imposes design standards in addition to those generally applicable in R-1 zones. Finally, the Meeting acknowledges that the Property is subject to a covenant that limits use of the Property to a dwelling house to be used as a private residence. The Meeting shall be responsible for investigating the need for and obtaining any releases of the right to enforce the restrictive covenant, any zoning changes, special exception, variance, or other matter that may be necessary for its use of the Property. Donor will cooperate in obtaining any required zoning change, special exception or variance for uses permitted under this Agreement.

 

Until such time as the Meeting determines what use to make of the Property, the Trust shall see that the Property remains essentially as open space. Any improvements made to the Property by the Meeting or the Trust shall be made at the Meeting’s or the Trust’s sole cost and expense and the Meeting shall be responsible for any increase in property taxes payable to Donor as the result of such improvements. [The donor would like this paragraph deleted.]

9. Any dispute arising out of this Agreement, including any dispute
involving the provisions and restrictions set out in paragraph 7, above, that is not resolved by discussion, negotiation or mediation, shall be resolved by binding arbitration, under NMSA 1978, Sections 44-7A-l et seq., before a single arbitrator in Santa Fe County, New Mexico. The parties to the dispute shall agree on an arbitrator within fourteen days after a party makes a written demand for arbitration on any other party. If the parties to the dispute do not agree on an arbitrator within fourteen days, then any party to the dispute may request the First Judicial District Court of the State of New Mexico to appoint an arbitrator, pursuant to NMSA 1978, Section 44-7 A-12. A party may seek temporary or preliminary injunctive relief from a court having jurisdiction without waiving the provisions of this Section. Once appointed, an arbitrator shall have the power to award legal and equitable relief and to enter awards of any appropriate nature, including but not limited to damages and temporary, preliminary and/or permanent injunctions, which award(s) shall be enforceable by a court having jurisdiction. The costs of arbitration common to all parties, including the arbitrator's fees, room rental, and the like, shall be shared equally by the parties to the arbitration. The arbitrator may, in his or her discretion, award a prevailing party some or all of that party's costs, including the party's share of the common costs and the party's reasonable attorneys fees.

10. The provisions of paragraphs 7, 8 and 9 of this Agreement shall beincluded in Donor's deeds of the Property to the Trust and shall affect and run with the land, and all subsequent deeds or conveyances of any interest in the Property shall be subject to these provisions and restrictions.  [The donor would like this paragraph deleted.]

10. Donor will transfer title to the interests in the Property by warranty deed, subject to the matters described in the copy of the deed attached as Exhibit B to this Agreement.
11. The Meeting and the Trust agree, with gratitude, to accept a donation of the Property on the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
GUTHRIE MILLER
SANTA FE MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS (QUAKERS) TITLE-HOLDING TRUST
SANTA FE MONTHLY MEETING OF THE RELIGIOUS SOCIETY OF FRIENDS (QUAKERS)

 

 

 

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