HomeMy Public PortalAboutAgreement - Kate and Bill McMurray Community Real EstateCITY OF MCCALL
Instrument # 334282
VALLEY COUNTY, CASCADE, IDAHO
8-20-2008 12:17:20 No. of Pages: 4
Recorded for : CITY OF MCCALL
ARCHIE N. BANBURY Fehe 0.00 ]/
Ex-OAkio Recorder Deputy Linn •
Index to: MISCELLANEOUS RECORD / ' I
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 Kate & Bill McMurray, hereinafter
referred to as "Owners", whose address is PO Box 281, McCall, Idaho 83638.
Mr. and Mrs. McMurray are the owners of a business know as Community Real Estate, located
at 401 S. 31"d Street in McCall. This business location was, under different ownership, subject to
prior Design Review and Scenic Route applications (DR-06-15 and SR-06-17). Both
applications, DR-06-15 and SR-06-17, contain outstanding conditions of approval.
The Owners hereby agree to accept and satisfy the outstanding conditions of approval for DR-
06-15 and SR-06-17, and the conditions of approval for DR-08-23. The outstanding conditions
of approval for DR-06-15 and SR-06-17, as well as the relevant DR-08-23 conditions of
approval, are as follows:
• The applicant shall provide a complete parking, grading, drainage, and stormwater
engineering plan for review by the City Engineer, by October 1, 2008. The applicant
shall take all steps necessary to obtain engineering approval for the proposed plan.
• The applicant's proposed parking plan shall include ADA accessible parking and the
dimensional specifics thereof
• The applicant shall improve the parking area to approved gravel standards within two (2)
months of final engineering approval.
• The applicant shall improve the parking area to a permanent standard (e.g. pavers, bricks,
grass-crete, asphalt, etc.) by October 1, 2009.
• Prior to September 1, 2008, the applicant shall locate and record the required 15'wide,
detached bike path easement along Highway 55. The easement shall align with the
existing bike path along Highway 55.
• The lighting on the proposed sign (DR-08-23) shall comply with McCall City Code Title
3, Chapter 14, and more specifically be shielded so as to only illuminate the proposed
sign.
• The lighting on the proposed sign (DR-08-23) shall be govemed by a timer.
Failure to comply with the approve conditions of approval shall result in the revocation of the
approval for DR-08-23. DR-08-23 was an application for a new sign as well as a use change, as
such, revocation of the DR-08-23 would make the use of the structure at 401 S. 3rd Street in
violation of McCall City Code 3.1.05.A.
Agreement between Kate and Bill McMurray and the City of McCall Page 1 of 3
216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • Fax (208) 634-3038
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
otherwise enforce the requirements contained in this Agreement, and to collect the direct costs
associated with such action from Owners.
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 attorneys 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:
Owners:
With copy to:
City Clerk
City of McCall
216 East Park Street
McCall, Idaho 83638
Kate and Bill McMurray .
PO Box 1335
McCall, Idaho 83638
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.
Agreement between Kate and Bill McMurray and the City of McCall Page 2 of 3
In Witness Whereof, the parties have hereunto caused this Agreement to be executed. Effective
on this, the 30 day of 1.UriQ in the year 2.005 .
Owners:
By:
Kate and Bill McMurray
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Agreement between Kate and Bill McMurray and the City of McCall Page 3 of 3
ACKNOWLEDGMENT CERTIFICATE
STATE OF IDAHO )
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County of Valley )
On this day of �, 2008, before me�-taSctec�,
personally appeared Bert Kulesza and ina Chaloupka known or identified to me to be
the Mayor and the Acting City Clerk, of the City of McCall, that executed the said
instrument, and acknowledged before me.
(SEAL)
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Notary Public
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