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Home My Public Portal AboutAgreement - Brian CharlesCITY OF MCCALL VALLEY COUNTY, CASCADE, IDAHO VALLEY COUNTY, CASCADE O 10-12-2010 10:51:14 No. of Pages: 9 9-13-2010 12:31:41 o. of Pages: 7 Recorded for : MCCALL, CITY OF Recorded for : CIT MCCALL ARCH N. BANBUR ram, Fee:� Agreement ARCHIE N. URY Fee: 0.00 Ex-Officio Recorder Index to: AGREEMENT Ex-0Recorder Deputy v Inds AGREEMENT This agreement is entered into by and between the City of McCall, a municipal corporation of the State of Idaho, hereinafter referred to as the "City", and Brian Charles, hereinafter referred to as the "Owner", whose address is 509 Pine Street, McCall, Idaho 83638 (physical) and 143 East Lake Street (mailing). Mr. Charles is the owner of a business known as Brian Charles, DDS, located at 509 Pine Street in McCall. The structure at this address was subject to Design Review application DR-08-26. The Owner hereby accepts and agrees to satisfy the following conditions: • The Owner shall construct a curb, sidewalk and gutter, to City standards, along the southern and eastern boundaries of the property. The sidewalk along the eastern property boundary shall be 8' wide. The sidewalk along the southern property boundary shall be 10' wide. The curb and gutter, combined, shall be 2' along the entire southern and eastern property boundaries. The final design shall include street trees (as approximately shown in the attached diagram). • The Owner shall construct a 22' wide driveway approach in the curb, per "Road Standards for the City of McCall", Sheet 7 of 12 (see attached) for access off Pine Road. The approach shall be located so that at least 8' of sidewalk exists to the east of the approach. • The sidewalk shall include a truncated dome at the southeast corner of the property, per City standards. • The Owner may create non-exclusive parking along Roosevelt Street. If the Owner elects to do so, the Owner shall pave, stripe, and otherwise conform to existing conditions, parallel parking spaces between the curb/gutter and the existing bike lane, provided that the parking does not interfere with bicycle travel or pedestrian and vehicular intersection visibility. • The Owner shall obtain approval from the City Arborist for the removal of the public trees that interfere with the installation of the sidewalks. • The approximate design of the required improvements is attached to this Agreement. The final design, prepared by the Owner, shall be approved by the City. • The Owner shall provide an estimate for the total cost of the required improvements. • The Owner shall provide the City with a letter of credit for 150% of the estimated cost of completion, which shall expire no sooner than November 1, 2010. • The Owner shall complete all improvements by September 1, 2010. Failure to comply with the approve conditions of approval shall result in the revocation of the approval for DR-08-26. Correspondingly, should the Owners fail to comply with the commitments set forth herein, within sixty days (60) days of written notice of such failure from the City, in addition to any other remedies which the City may have available to it, the City shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and Agreement between Brian Charles and the City of McCall Page 1 of 7 216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • Fax (208) 634-3038 otherwise enforce the requirements contained in this Agreement, and to collect the direct costs associated with such action from Owners. In addition to this remedy, in the event a default under this agreement is not cured within thirty (30) days of delivery of written notice of default to Owner, City may revoke the Owner's Certificate of Occupancy. In the event that a judicial dispute arises regarding the enforcement or breach of this Agreement, then the prevailing party in such dispute shall be entitled to recover its attorney's fees and costs reasonably incurred, including fees and costs incurred on appeal. If any term, provision, commitment or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent be held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. After its execution, this Agreement shall be recorded in the office of the Valley County Recorder, at the expense of Owners. Each commitment and covenant contained in this Agreement shall constitute a burden on, shall be appurtenant to, and shall run with the Property. This Agreement shall be binding on the City and Owners and their respective heirs, administrators, executors, agents, legal representatives, successors and assigns. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below: City of McCall: Owner : With copy to: City Clerk City of McCall 216 East Park Street McCall, Idaho 83638 Brian Charles 509 Pine Road McCall, Idaho 83638 Brian Charles 143 East Lake Street McCall, Idaho 83638 AND Tom Schoonover PO Box 2513 McCall, Idaho 83638 Agreement between Brian Charles and the City of McCall Page 2 of 7 October 2009 or such other address and to such other persons as the parties may hereafter designate in writing to the other parties. Any such notice shall be deemed given upon delivery if by personal delivery, upon deposit in the United States mail, if sent by mail pursuant to the foregoing. In Witness Whereof, the pa ies have hereunto caused this Agreement to be executed. Effective on this, the o? a day of of bPr in the year . Owners: By: Brian Charles City of McCall: By: Attest: By: Bert Kulesza, Mayor BessieJo gner, Ci Clerk Agreement between Brian Charles and the City of McCall Page 3 of 7 October 2009 STATE OF IDAHO, ) ss: County of Valley, ) (9.fl t 0 , Ch n Si he- R&I A 0 On this � alldayof d �.'999, before me a Notary Public in and for said State, rsonally appeared Brian Charles, known or identified to me to be the person that executed the instrument and acknowledged to me that he 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. OtAtuOt Rego Notary Public for Idaho My Commission Expires: ( 0- 01-7-143-- STATE OF IDAHO, ) : ss: County of Valley, ) On this a % day of 0 tom- , 2009, before me, 5/1 11� ��. Ouey-'I , a Notary Public in and for said State, personally appeared Bert Kulesza and BessieJo Wagner known or identified to me to be the Mayor and the City Clerk of the City of McCall, ID, respectively, the Idaho municipal corporation that executed the instrument or the person that executed the instrument on of behalf of said municipal corporation, and the person who attested the Mayor's signature to the instrument, and acknowledged to me that such municipal corporation 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. .••''s•• 0VER2., (SEAL) S 40 •••....••••. 0�•,, `1 pR Y •s - �.. aL� O J • ` T •• , i/1-11.tJ K Oifel, 1/241 Notary Public fof Idaho My Commission Expires: / /-- / — a2-0 /4/ Agreement between Brian Charles and the City of McCall Page 4 of 7 October 2009 oa o9, o io cCD 3 N � o o a f CD CC co loo n con Driveway Approach (22') 20' (Property Line to Existing Pavement) • **This diagram is for illustrative purposes only** 20' (Property Line to Existing Pavement) Curb & Gutter (2') Sidewalk (8') Street Trees Sidewalk (10') Bike Lane (8') Existing Traffic Lane (10') Approximate Edge of Existing Pavement No Parking Striping Truncated Dome ......... . . . . .''.'.' ►-" .•:•:•;:•:.;:•:•;:•: •:.:<•:•:•:•:•:•:•:•::: --------------------------------------------------------------------------- -i I o 4 �z ATTACHMENT 2 Sidewalk Detail See Attached Sheet 6 of 12 from Road Standards for City of McCall Agreement between Brian Charles and the City of McCall Page 6 of 7 October 2009 INSTALL 1/2' PJF ALONG BACK OF WALK IF CONSTRUCTED TO FACE BUILDING OR OTHER CONCRETE STRUCTURE .W. 41I" - al. iYl..Iy..IY. — - .ly. 4IM vW- _ ay yµ — _ .w. Aw. _ w - .w. Y ° SIDEWALK WIDTH VARIES 5' WIDE FOR RESIDENTIAL AND COLLECTOR STREET 5' WIDE FOR ARTERIAL STREET 1/4' -1' SLOPE TO CURB / ° i SCORED CONTROL JOINT AT HALF SIDEWALK WIDTH xxxxxxxxxxxXxXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXXXXXxxXXXXXXXXXXXXXXXXX XXXXXXxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XxXXXXXXXXXXXXXXX XXXXXxXXXxXXXXXxxxxXXXxxxxxX YX YI1�y(�I�II��YYXVX YY YXXX YYXYY II�I11lIYY IIII�f YYXV XYX YYY 3/4• CRUSHED GRAVEL AGGREGATE BASE, SEE NOTE 2 SHEET 5 UNIFORM COMPACT SUSGRADE SEE NOTE 1 SHEET 5 NOTES 1. CENTER 318• REBAR Z OC EW TIE MAT REBAR TO EXTEND TO WITHIN 3' OF OUTER MOST EDGE. 2. EXPANSION JOINTS AT 40' MIN. CONSTRUCT 1/2' PJF JOINTS. 3. CONSTRUCT EXPANSION JOINT BETWEEN SIDEWALK AND BACK OF CURS. 4. TOP OF SIDE WALK TO BE 1/4' ABOVE CURB. 5. SCORED CONTROL JOINTS TO MATCH DIMENSION OF HALF WBJTH. 8. CONCRETE TO CONFORM TO 1SPWC SECTION 703 3/4' TYPE 3000 WITH MINIMUM OF 5%AIR CONTENT AS TESTED AND MFARI RED. 7. SEE SHEET 12 FOR HWY 55 (3K1 STREET) STREETSCAPE. xxxxxxxxxxxxxxxxhcxxxxxx»4 XXXXXXXXXXXXXXXXXXXXXXX • XXXXXXXXXXXXXX. ZXXXXXX> XX X x XXXX XX XXx x-%xx XxXXX-° XXXxXXXXXXXXXxXXXXXXXII c ,u YXYYYYXYXYYYYXIYXYVYYXX 1111I I—I1I1II'-- <XXXXXXXXXXxxxxxxxxxx XXXXXXYY (XXXXXxXXXXxxxxxxXxXxXx"" CXXxXXXXXXXXXXXXXXXXXXXxX sxxXXXxxxxxxxxxxxxxxxxxx REINFORCING SEE NOTE 1 TYPICAL SIDEWALK DETAIL 1 1/2•=ro' I. 111111 _411I L= r o• PROVIDE IN• REVEAL ABOVE CURB SEE ISPWC SD-701 7 XXXX XXXXXX,' xxxxxx XXXXXXX' XXXXXX' XXXXXX,' xx XxxXY XXXXXX` XXXXXX• X,X' ATTACHMENT 3 Driveway Approach Detail See Attached Sheet 7 of 12 from Road Standards for City of McCall Agreement between Brian Charles and the City of McCall Page 7 of 7 October 2009 A S c S 5 b ie SIDEWALK SCORING NOT SIIOVM r 6' 0' OR SIDEWALK WIDTH AX XXXXXXXX • 0/W MBAR 11E MAT 7 DC EW STANDARD W CURS AND GUTTER SEE STD SHEET 6 AND ISPWC SD-701) MN, OF IP COMPACTED NE AGGREGATE SASE. CONFORM TO NOTE 2, SHEET S 2200.1 1. DWENSION FOR (A) TWO WAY TRAFFIC MN 210E. 2. ONE WAY TRAFFIC AND PRIVATE DRIVEWAYS MN 10.08. S ALL SIDEWALK WITTN RXTHT OF WAY DIRECTLY SE/OND RAMP THROAT SNAIL BE 6 THICK ASAPPROACN. A. INSTALL EXPANSION JOINT AT TIP OF APPROACH WINGS AND WHERE SIDEWALK CHANGESTNICKNESS. 6. CONFORM TO ISPWC 80.710. SEE NOTE 4 7. � SEE NOTE A Il I tr1 MAX Eo IA) DRIVEWAY APPROACH DETAIL 14,10' CURS AND GUTTER 6 K J a ito K '`"a S 9 I Y E Y 2 Iz V VERPY SCALE FT DATE CDO-DATE PRO/ PROJECT -NO DWG F6EHMIE 3612214+ NAN PLAT OATS .W2001 SHEET T OF 12 PLOT T'ME: PTG:AI AM