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HomeMy Public PortalAbout2013.11.25 McCall Mall Agreement with City and AddendumInstrument # 366438 VALLEY COUNTY, CASCADE, IDAHO 1-252012 12:01:11 No. of Pages: 1e Recorded for : CITY OF MCCALL ARCHIE N. BANBURY Feet Ex-Officio Recorder Index to. AGREEMENT Agreement between Vicki Wade, dba McCall Mall and the City of McCall Whereas, the City of McCall Urban Renewal Agency (Agency) has designed and contracted for reconstruction of Legacy Park; and Whereas, the McCall Mall has requested the use of City of McCall (City) property for the purpose of providing an approved structure to be used to enclose waste receptacles; and Whereas, McCall Mall has applied for Design Approval of the waste enclosure (DR-08- 07); and Whereas, the McCall Planning and Zoning Commission has expressed concerns about the existing waste bin and propane tank enclosures; and Whereas, the McCall Mall was invited to discuss the trash enclosure and related issues with the Agency, and has done so; and Whereas, the City contends that a portion of the McCall Mall building, waste enclosure and related improvements are located on City property; and, Whereas, An existing pathway runs along the north side of the McCall Mall property close to the high water mark of Big Payette Lake and memorializing the existence of the pathway by written license agreement would clarify the responsibilities of the property owner and the public; and Whereas, the City of McCall can issue license agreements for the use of City right's of way and other city property; and Whereas, the parties have identified a portion of city right of way or property as a feasible location for the new trash enclosure; and Whereas, the parties agree that if the current McCall Mall building is destroyed, as defined herein below, then the new building could accommodate the trash enclosure within the parcel's property boundaries, in which case, both license agreements referenced herein below would, by their terms, terminate, except as provided to the contrary herein below; and Whereas, McCall Mall has historically used the formerly private, now public, property (Legacy Park) to the East of the McCall Mall property to access the northern portion of the McCall Mall property; and Whereas, The City and/or Agency desire to replace this extension with a non -vehicular approach to Legacy Park and are willing to reasonably accommodate McCall Mall's need to limited vehicular access to the northern portion of the McCall mall property; and, Agreement, Page 1 of 5 ADDENDUM TO AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL AND THE CITY OF McCALL THIS ADDENDUM TO AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL, and McCALL MALL, LLC, AND THE CITY OF McCALL ("Addendum") is made this 7 day of �tOK-r, 2013, by and between VICKI WADE and McCALL MALL, LLC, herein the "Owner," and the CITY OF McCALL, an Idaho municipal corporation, herein the "City." WITNESSETH: WHEREAS, on November 13, 2008, Owner entered into an agreement with the City wherein the parties agreed to perform and allow certain uses of the respective property of the other and for the removal of encroachments; and WHEREAS, the parties have not completed all the items contemplated to be performed by each; and WHEREAS, Owner and City desire to extend the time for completion of the remaining terms of the Agreement to November 1, 2015. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Owner and City, the parties do hereby covenant and agree as follows: 1. Extension. The Agreement is hereby amended to extend the date to November 1, 2015 by which date Owner and City must complete their respective obligations. 2. Incorporation Of Recitals. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. Terms. All other terms and conditions of the AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL AND THE CITY OF McCALL and the LICENSE AGREEMENT are hereby reaffirmed. 4. Situs And Binding Effect. This Addendum shall be construed under the laws of the State of Idaho. This Addendum shall inure to and bind the respective heirs, legal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the Owner and City do execute this Addendum the day and year first above written. ADDENDUM TO AGREEMENT - 1 OWNER: VICKI WADE & McCALL MALL, LLC OVA' Vicki Wade CITY: CITY OF McCALL By: Donald Bailey, Mayor Attest: BessieJo Wagner, City Clerk STATE OF IDAHO ) :ss County of c,itp. ) On this 2/s/ day of October, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared VICKI WADE, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above (SEAL) ADDENDUM TO AGREEMENT - 2 otary Pubic for Idaho Commission Expires: / STATE OF IDAHO ) :ss County of Valley ) d ��4eA._ On this 4,l4S day of-Oeteber, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Bailey and BessieJo Wagner, the Mayor and City Clerk, respectively, of the CITY OF MCCALL, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of McCall and were so authorized to do so IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ` gt) S Alf j�+� (SEA „Mar • Co • we`' .� msgW:\Wo ki 4\'bmmunity Development\McCall Mall & Vicki Wade\Addendum to Agreement between Vicki Wade dba McCall M:: .• *per tyta •10A 5 2013.doc *110$4 • ADDENDUM TO AGREEMENT - 3 Notary Public Commission Expires: f.2/.//02 7 ATTACHMENT A Whereas, the City and McCall Mall desire to resolve all outstanding issues related to the aforesaid matters amicably and in a spirit of mutual cooperation. Therefore, the parties agree as follows: A. The City shall enter into a license agreement, for the purpose of allowing for the construction, maintenance and operation of an approved waste container enclosure upon City property adjacent to the east elevation of the McCall Mall building, and to permit the continued existence of other alleged encroachments into City property by the existing building, and, lower propane tank, if any, such license to be granted to the current owner of the McCall Mall property for the area as shown on the Attachment A hereto; and B. Any construction of the waste container enclosure is subject to the prior design review approval of the City of McCall Area Planning and Zoning Commission and, as necessary, the McCall City Council; and C. The McCall Mall owner shall grant to the City of McCall a license for a public pathway in a mutually acceptable alignment, to connect the existing lakeside pathway from the Park boundary to the adjoining private property located to the west of the McCall Mall, as follows: i. The pathway shall be equal in width to the existing pathway on the aforesaid adjoining property located to the west of the McCall Mall property; 2. The pathway shall be improved, maintained, repaired and, as necessary, reconstructed by the City of McCall; 3. The alignment, design and schedule and method of construction of the pathway shall require the prior approval of the McCall Mall Owner, which approval shall not be unreasonably withheld; and, 4. The City shall indemnify and hold the McCall Mall, and its agents and lessees harmless regarding any claims relative to the public's use of the pathway. D. At her own expense, the McCall Mall Owner shall remove the existing small propane tank, which is located below the existing steps, and the waste enclosure fencing not later than i December, 2008, and shall cease further use of the existing lower trash enclosure area for the storage of trash; and E. At her own expense, the McCall Mall Owner shall rotate the remaining propane tank such that it is located solely on McCall mall property; and, F. As part of the construction of the new trash enclosure, at her own expense, and by not later than i December 2008, the McCall Mall Owner shall install a suitable hand railing on the steps. The parties further agree that, during the term of the license described in Section A above, the use of the stairs shall be restricted to access to and from the new trash enclosure by the McCall mall, and its lessees; and G. At her own expense, the McCall Mall Owner shall remove or relocate the existing CATV utility located on City and/or Park property not later than i December, 2008; and Agreement, Page 2 of 5 H. The City of McCall will grant to McCall Ma11 temporary access across the Park, using the new vehicle access path, for the purpose of performing the above work and/or reconstruction and landscaping of the existing waste and propane tank areas on the Ma11 property located adjacent to the Park; and I. The City of McCall will grant to McCall Ma11 a license agreement allowing access across the Park for vehicles required for emergency services, and building or equipment maintenance, subject to the prior approval of the McCall Parks and Recreation Director, except in the case of emergencies, in which case no prior permission shall be required. This access shall not be used by the McCall mall as its primary construction access; rather, it shall be available as aforesaid in cases in which alternative access is not reasonably available. J. The maximum vehicle weight for Park access shall be 65,000 pounds based on a three axle truck. K. Neither of the license agreements referred to herein shall be perpetual. Rather, both license agreements shall terminate upon the earlier to occur of the following: (i) the "destruction" of the McCall Mall building, as the same is currently defined in Section 3.11.06(E) of the McCall City Code; or (ii) any remodel of the building which has a total construction cost equal to or greater than 50% of the replacement cost of the building, effective the date of the commencement of the remodel; provided, the access license described in Section I above shall survive the termination of the license agreements and shall run in perpetuity with the McCall Mall property. L. The final execution of this Agreement shall be contingent on the McCall Mall Owner reaching a mutually acceptable agreement with the McCall Urban Renewal Agency regarding the following: 1. The removal of a Cottonwood tree which is on or proximate to the boundary between the properties; 2. The removal of the existing steps, which are lakeside of the existing lower trash enclosure, as part of the construction and maintenance of the pathway; 3. The restoration of the portion of the McCall Ma11 property which is affected by the aforesaid removal of the tree; and, 4. The screening and preservation of reasonable access to the lower propane tank. WHEREFORE, the parties have executed this Agreement on the dates indicated below. Signatures on following page Agreement, Page 3 of 5 UPDATED DECEMBER 29, 2011 TO ADD A NOTARY PAGE, THE ORIGINAL DOCUMENT SIGNED IN 2008 IS ATTACHED AS ATTACHMENT B. VICKI WADE Dated: /- / 2 , 2012 THE HONORABLE Oofta►C Mayor, City of McCall Dated: / � , 2012 ATTEST: City Clerk Dated: p4,Lu..004, , 2012 STATE OF IDAHO, ) . ss: County of Valley ) On this /02m— day of n(-2.rn ua.�� , 2012, before me, a Notary Public, appeared VICKI WADE, known or identified to me to be the owner of McCall Mall that executed the said instrument, and acknowledged to me that he/she executed the same on behalf of the McCall Mall. OzrA- Notary Public for aho Commission Expires: 0,3�/ /c .0/_3 Agreement, Page 4 of 5 STATE OF IDAHO, ) . ss: County of Valley ) On this /3 day of , 2012 before me, a Notary Public, appeared bonatA C• i t e,Y AND BESSIEJO WAGNER, known or identified to me to be the Mayor and City Clerk, respectively of the City of McCall that executed the said instrument, and acknowledged to me that they executed the same on behalf of the City of McCall. .�2 /).�� Notary Public for Ida Commission Expires: Agreement, Page 5 of 5 /3/4 //„. / 7 ATTACHMENT A ^ 'NEW NflOOVNI ANV NO4 N SI AINfICY3 3N1 klarld 33N31113A3N SI ONUAVNG sllu 1/4Aczo-1 63NMO , 31+-01-1 v ciNc='3Q— .o'07-("‘ ,)•!. . I• t) OISIAKIEMS t. Its — mo 1 \I AA , • • Isa'="'s — _-_-,--- -_-----,-.,----------- ' . 7_,---_,---__. >0% v-- '1 -3 // .nvn_uu asvrnin 110 a. `44 d XINI-1 OD .X grTrTV A amirgN03931* mOISHOdgatil ek1K0 rNod aen " 101 14011bOd -44CHONVII PROPANE TANK APPROX EDGE OF WATER � LX111P5fER ENCL06URE T SERVICE LINE / V% f7f �r �� ...o•••� r OVERHANG/ ii//ski'' // ,Z WAYER'LINE" THE PROPERTY SHOWN N TH9TOPOGRAPIC MAP ARE NOT BASED UPON SSHOWCOFtD N FROM THE OF BEST ARE AVAILABLE INFORMATION, NOTE ELEVATIONS SHOWN ARE NAVD 88 • i i 04, j PINE (-17, 'ICE LINE 1 FAC BASE 4992.72' !NM -6.f35 PIP 992.57' INV .0 PIP 490Eid57r---- \EP 0-- ,,,- ,,- e,°:... ,.7- 10.•='-' O''''' :‘''' ....-- ' - ''''"- • '' es.''':„..1°>'. 1:: -''• ' - . , 6,-- 0'.- 11,- - , ,,,... <0.,..3.0,0#..."'' 00,,,-;Fe'''.:•,*z 3 1 ' 'oe' . 4'1...:......°'...°'... PIPE 4999.18' 114V-11.16 A PIPE 5005 INV k • leytt Lela pvic a. ,Q�sS w SW ileWti)C7 \MN, Ole PAYETTE Lot KE .G,4 o`op9 00` \\tie ot te"`a`rAr r'� Set 5/8" rebar on lot line, S.1156'33"E., 1.37' from corner. t5 Second Addition Mq ok Plats pa9cCaa 25 oof 30 pD' a 29 25 "\N Corners fall behind face $•p�'2� of wall, set pk naUs e' 5 S 1] 56'33", 1.0. Legacy p ark • City al McCeit Found 'X' In 2'x2' pie 0 0 Found 1/2" rebar OW #134015 YETTE K� E sTREEx ' . 5.7E p3 57 W .,�. ' \ 0 �1 ' 'J Set 5/8" mbar on lot line, 5.1156'33"E, 1.37' from corner. I N 78.p3'27'Cl Block 2 Townsite — —•_� McColl of 5 Call second Addition P`9e 25 cee aof Plats Comers fall behind face of wall, set pk nails S.1156'33", 300•p0,— Le9°0y Pat n oty 01 1\A cCa11 Found 5/8" rebar, LS 99 Lake conPlaza Page 27 °of p�°ts goo' Found 1/2" rebar CP&F #134015 0 0 H �\ W H H � 5s/ r� fz,�E,e ,i /-ti / 9% M to Cheneys' wall .8' thlck. Corner falls behind foce of wall, set pk nail S 11 56'33 , 1.0'. Found 5/8" mbar ® Mkd. LS 6021 PAYETTE B\Oc%. 2: Lot 2 , ruv. STREET on9 0\ 4,°11, 1iO olr 94 �ot cetat �. Set 5 e ,ho, .: - / " re bar on lot line, 5.1156 33"E„ 1.37' from corner. N t5 ,27„vJny"� Comers fall behind face S 7$'03 of wall, set pk nails S 11 56'33 , 1.0'. McCall Secondl Addltlon See 6°01 plate Page 25, of ;f44)--/-'ig 711. . pa L . �f ge� d Ptetyetie SECOND ADDITION LSO CALL COUNTY, IDAHO. ---r Seale r / ineR. In tea feet. ---- sO a -A B S1/RYEYORtf CPR T/PICATE -� State ViktaA. ) s S. amain/ sf.ee tie !, CAarles W.Luah, a lieensed surveyor n-der tho laws of the Stet. of !dads, residiny at Lends, Seise Cyan ey,ldaA e, de *reedy certify !tat. at tAe'clues! •f W 6 /ksCall, ACey A!s Call, 99 Alb Call, Ida All Call, ✓.D,ple Cali anda n es PlICall, ! surveyed and platted the fellewiny daserided lands andpronrses ly my and &tiny stereo led in Zet..1,Jec .9, r /diK,R.3L,A.AC., ire the County ef.9eise,Statea/Idaho, demeandemeanorsndors ,aartiealarly desert-ed as alleges:- ..29eylnniny atorteee0 marled with a 'Jst the It.W Cu: ey Mo Tewnsita etACt CaCI whence tM tastiness seen,*len the Mare a/t Pt ye tee ale, d0twetn Saest1 and Arm R.SE., dears /KOS'St•W It OJOfeel'et�++d �pniny Mere:. on [Ile lino B.twoon SatsJ and in sat&See.9 /f.d.c0•n! POe.9 feat to a aUroo lid/set 1 then eJlUyi t Laa•l mon ea in on easterly dieselten Volts»! ay Me ee s vr fin , creeet - OEd/CRTION� Xreew aet man By Moss p t'a that wa,6.8.J1lfs Cell and Atm /X's Call, A et and wife, P. Ats Call and Snn is Ala Call, Amrdand and wife, of Add Call, Zees. Csunty,ldahe, and W:E..plAColt ands y ACACaII. Aeesdaredand reels, of lecstae,femendeldt Comnty,Califernia, owners in fee of tAs fatlowiny de rcrided real estate, satiated ire Ma County of8etse,State efldaAe, to writ: two tracts sfland 1nLMid,.Tee.9,TId/T.,R.J,L:,.H.At., sAegen fa Ma plat aspen Otis sAaee analportfeulartyy o:eserided in Me tarNfiea to et CAaries W LGui, [:caned yr, wAbut certificate appears Aereon dnd is Asrt ity referred te, de certify and dealer, Mat it is our to ton ttsn to fnatado tAo said lands,sedescriaad, in Wie SECONO A00/TION to the TOWNS/TA' of NB CALL. ♦ sul we de dy tAese presents'waist, release, peed!-eletm and forever dedicate, mate tha pua lie fbr its ace all the arrests In tAa said part e/tRe Tewnsits of MA Call, as sAewn ay Ma plo d Aare ere !N WITNESS woisREOp we Rave Aereurete set ear Attends at /Ks Cell tat.r2Idfdey at June to". year 10.0% /vq/ • •�, • We. IN W/TNPS.f WNEREOP era Aat/e Aerearete rot our Rands at leereAa this ... tidy of Jane in the yea►19/S. State of fda Aa } S.S County of eeisa On Mis?./2t.'day of Acne in the Veer/NS, Belere me, DeMe Rsdins, a Iotary Pm Alec, persona lly apppeared9.8...td Cali an d lda.11Ce Call. Ausdandana wife, and ✓. P..0M Call and Saner AMeal!, Asesdand and wife, -known es ma to ea eA a persons &Arse names are s a dseri bed tons ne within insereemen e, and aeanetelede rd to me that they executed the same. IN WITNESS •ItHLREOP I taus hereunto set •ny Aand and affixed my official Baal, iA• day and year In We eortifieate first adore written. - e S. S. • , C • a s. day eIArne in tea year MIS, Befeso ma, ' 'rota' "Mite to and /erraid Cauneyy personally appeared WE. ail and iXaly.AtdCall, A,ts Aand and wife, Aneavn tome fa a. Oa persenr &Rasa name, are se, sir Mid to Ma within instrument andachnewledyed to na that they executed Ms same. IN WITNESS W/tEREOP lAaue Aereunea we my Arend and allied my ej/Weisel seal, the day and year en 1q::, eart{fteatafirst aloud Item:, ,ayalatmissien exptrosliVIOrdA1_/9/ 1 1�t: %I. r)"""A^ 1�, /rotary Pualle. Melee t, Chance SirAtTV:8A8.Pefaet tetha plate of deyinniny, ;dad ales Ono renege in' deserlbod tract ef.and:-.9eytnntny er at stony marled eattA a eress(e) wheat,* the said Mena at Ma w w Cs. of therswnsite el.AtdCalI dears.T. 7re.ri{! JOrJ'feat andreenneny Meneo S.n•ar%/.• P49.11Sfset: Mance Jt. a".4.5-0: /Wave ee tAe waterline sJlli�tgette Leas/ Mance easterly aleay said waterline edeut /di, feet tta yellow pine bee, 4e inches ire diameter,'thente.f./6..d4'E.d•R0/eet/ thence 10:7d•J91S. 78.afeet; thence.!:/P•ISE. 844/eat to the place a eeyinniny.e rind !further certify Mat tkeplat apoeariny Gwen this sheet cerraaKyrepresents the tracts", dy ' roe ruro tyedarret Met tha lets and limlNny antra/tie tracer yed have leen marled cepsn Ma round en Ms manner re, mired Bylaw. IN WITNESS WNEREOP!Arne." hereunto sot my Aare! at Lands, ldaAe, tAis/9M daye/June to Me ysar MAC � Not 4 yurua en State al Cali/erd is Cates ty e K meeldt r i • O tAl A �.. �,�.11� , a y /Tetary Pu fills. .,e• ATTACHMENT B Agreement between 'Vicki Wade, dba McCall Mall and the City of McCall Whereas, the City of McCall Urban Renewal Agency (Agency) has designed and contracted for reconstruction of Legacy Park; and Whereas, the McCall Mall has requested the use of City of McCall (City) property for the purpose of providing an approved structure to be used to enclose waste receptacles; and Whereas, McCall Mall has applied for Design Approval of the waste enclosure (DR-08- 07); and Whereas, the McCall Planning and Zoning Commission has expressed concerns about the existing waste bin and propane tank enclosures; and Whereas, the McCall Mall was invited to discuss the trash enclosure and related issues with the Agency, and has done so; and Whereas, the City contends that a portion of the McCall Mall building, waste enclosure and related improvements are located on City property; and, Whereas, An existing pathway runs along the north side of the McCall Mall property close to the high water mark of Big Payette Lake and memorializing the existence of the pathway by written license agreement would clarify the responsibilities of the property owner and the public; and Whereas, the City of McCall can issue license agreements for the use of City right's of way and other city property; and Whereas, the parties have identified a portion of city right of way or property as a feasible location for the new trash enclosure; and Whereas, the parties agree that if the current McCall Mall building is destroyed, as defined hereinbelow, then the new building could accommodate the trash enclosure within the parcel's property boundaries, in which case, both license agreements referenced hereinbelow would, by their terms, terminate, except as provided to the contrary hereinbelow; and Whereas, McCall Mall has historically used the formerly private, now public, property (Legacy Park) to the East of the McCall mall property to access the northern portion of the McCall Mall property; and Whereas, The City and/or Agency desire to replace this extension with a non -vehicular approach to Legacy Park and are willing to reasonably accommodate McCall Mall's need to limited vehicular aerpss to the northern portion of the McCall mall property; and, Agreement, Page i of 4 ATTACHMENT B Whereas, the City and McCall Mall desire to resolve all outstanding issues related to the aforesaid matters amicably and in a spirit of mutual cooperation. Therefore, the parties agree as follows: A. The City shall enter into a license agreement, for the purpose of allowing for the construction, maintenance and operation of an approved waste container enclosure upon City property adjacent to the east elevation of the McCall Mall building, and to permit the continued existence of other alleged encroachments into City property by the existing building, and, lower propane tank, if any, such license to be granted to the current owner of the McCall Mall property for the area as shown on the Attachment A hereto; and B. Any construction of the waste container enclosure is subject to the prior design review approval of the City of McCall Area Planning and Zoning Commission and, as necessary, the McCall City Council; and C. The McCall Mall owner shall grant to the City of McCall a license for a public pathway in a mutually acceptable alignment, to connect the existing lakeside pathway from the Park boundary to the adjoining private property located to the west of the McCall Mall, as follows: 1. the pathway shall be equal in width to the existing pathway on the aforesaid adjoining property located to the west of the McCall Mall property; 2. the pathway shall be improved, maintained, repaired and, as necessary, reconstructed by the City of McCall; g, the alignment, design and schedule and method of construction of the pathway shall require the prior approval of the McCall Mall Owner, which approval shall not be unreasonably withheld; and, 4. the City shall indemnify and hold the McCall Mall, and its agents and lessees harmless regarding any claims relative to the publics use of the pathway. D. At her own expense, the McCall Mall Owner shall remove the existing small propane tank, which is located below the existing steps, and the waste enclosure fencing not later than 1 December, 2oo8, and shall cease further use of the existing lower trash enclosure area for the storage of trash; and E. At her own expense, the McCall Mall Owner shall rotate the remaining propane tank such that it is located solely on McCall mall property; and, F. As part of the construction of the new trash enclosure, at her own expense, and by not later than 1 December 2oo8, the McCall Mall Owner shall install a suitable hand railing on the steps. The parties further agree that, during the term'of the license described in Section A above, the use of the stairs shall be restricted to access to and from the new trash enclosure by the McCall mall, and its lessees; and G. At her own expense, the McCall Mall Owner shall remove or relocate the existing CATV utility located on City and/or Park property not later than 1 December, 2oo8; and Agreement, Page 2 of 4 ATTACHMENT B H. The City of McCall will grant to McCall Mall temporary access across the Park, using the new vehicle access path, for the purpose of performing the above work and/or reconstruction and landscaping of the existing waste and propane tank areas on the Mall property located adjacent to the Park; and I. The City of McCall will grant to McCall Mall a license agreement allowing access across the Park for vehicles required for emergency services, and building or equipment maintenance, subject to the prior approval of the McCall Parks and Recreation Director, except in the case of emergencies, in which case no prior permission shall be required. This access shall not be used by the McCall mall as its primary construction access; rather, it shall be available as aforesaid in cases in which alternative access is not reasonably available. J. The maximum vehicle weight for Park access shall be 65,000 pounds based on a three axle truck. K. Neither of the license agreements referred to herein shall be perpetual. Rather, both license agreements shall terminate upon the earlier to occur of the following: (i) the "destruction" of the McCall Mall building, as the same is currently defined in Section 3.11.06(E) of the McCall City Code; or (ii) any remodel of the building which has a total construction cost equal to or greater than 50% of the replaePment cost of the building, effective the date of the commencement of the remodel; provided, the access license described in Section I above shall survive the termination of the license agreements and shall run in perpetuity with the McCall Mall property. L. The final execution of this Agreement shall be contingent on the McCall Mall Owner reaching a mutually acceptable agreement with the McCall Urban Renewal Agency regarding the following: 1. the removal of a Cottonwood tree which is on or proximate to the boundary between the properties; 2. the removal of the existing steps, which are lakeside of the existing lower trash enclosure, as part of the construction and maintenance of the pathway; 3. the restoration of the portion of the McCall Mall property which is affected by the aforPsa' d removal of the tree; and, 4. the screening and preservation of reasonable access to the lower propane tank. WHEREFORE, the parties have executed this Agreement on the dates indicated below: Signatures on following page Agreement, Page 3 of 4 ATTACHMENT B 4Pszt- 6d4de VICKI WADE Dated: HONORABLE NORBERT KULESZA, Mayor, City of M Dated: l i � `i , 2008 ATTEST: �� re7z ! 11et 1 l City Cleric Dated: �///; ,2008 ADDENDUM TO AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL AND THE CITY OF McCALL THIS ADDENDUM TO AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL, and McCALL MALL, LLC, AND THE CITY OF McCALL ("Addendum") is made this 7 day ofJIc gc*.r, 2013, by and between VICKI WADE and McCALL MALL, LLC, herein the "Owner," and the CITY OF McCALL, an Idaho municipal corporation, herein the "City." WITNESSETH: WHEREAS, on November 13, 2008, Owner entered into an agreement with the City wherein the parties agreed to perform and allow certain uses of the respective property of the other and for the removal of encroachments; and WHEREAS, the parties have not completed all the items contemplated to be performed by each; and WHEREAS, Owner and City desire to extend the time for completion of the remaining terms of the Agreement to November 1, 2015. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Owner and City, the parties do hereby covenant and agree as follows: 1. Extension. The Agreement is hereby amended to extend the date to November 1, 2015 by which date Owner and City must complete their respective obligations. 2. Incorporation Of Recitals. The above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. Terms. All other terms and conditions of the AGREEMENT BETWEEN VICKI WADE, dba McCALL MALL AND THE CITY OF McCALL and the LICENSE AGREEMENT are hereby reaffirmed. 4. Situs And Binding Effect. This Addendum shall be construed under the laws of the State of Idaho. This Addendum shall inure to and bind the respective heirs, legal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the Owner and City do execute this Addendum the day and year first above written. ADDENDUM TO AGREEMENT - 1 OWNER: VICKI WADE & McCALL MALL, LLC Vicki Wade CITY: CITY OF McCALL By: Attest: i BessieJo Wagber, City Clerk STATE OF IDAHO ) :ss County of (,a-tc,/L ) Donald Bailey, Mayor On this 2/s/ day of October, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared VICKI WADE, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above (SEAL) ADDENDUM TO AGREEMENT - 2 otary Pubic for Idaho Commission Expires: / 0-4n/ o STATE OF IDAHO ) :ss County of Valley ) On this olS day of-Oeteber, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Bailey and BessieJo Wagner, the Mayor and City Clerk, respectively, of the CITY OF MCCALL, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of McCall and were so authorized to do so IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .e0741%)E SAf/ 4. 4 (SEA - p 4,0 Notary Public forrl��a., yea. Co «`� Commission Expires: //ow/ % •rue`' ��� ;= msgW:\Wo 1V64\$bmmunity Development\McCall Mall & Vicki Wade\Addendum to Agreement between Vicki Wade dba McCall *re- 1iet5 2013.doc •••% ADDENDUM TO AGREEMENT - 3