HomeMy Public PortalAboutResolution 12-22 Bertram AgreementRESOLUTION No. 12-22
A RESOLUTION OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING
THAT CERTAIN AGREEMENT DATED FEBRUARY 14, 2008, FOR THE
CONSTRUCTION BY GEORGE AND BONNIE BERTRAM OF THE PANCAKE HOUSE
PARKING LOT AND RELATED STORMWATER IMPROVEMENTS, AND ACCEPTING
THE TERMS OF THAT CERTAIN LETTER DATED NOVEMBER 1, 2012.
WHEREAS, in 2007 George and Bonnie Bertram built an addition to their commercial building
on North 3rd Street in McCall, Idaho; and
WHEREAS, their commercial building lies within the Scenic Route Overlay District; and
WHEREAS, in connection with the approval for the building expansion certain conditions were
imposed upon George and Bonnie Bertram pursuant to McCall City Code 3.8.061 including,
among other things, a requirement to pave the parking and loading spaces for the commercial
building, and make related stormwater and streetscape improvements; and
WHEREAS, a severe economic downturn occurred nationally, statewide, and locally which
adversely affected George and Bonnie Bertram's ability to finance improvements for the
commercial building, including paving; and
WHEREAS, City desires to grant additional time to George and Bonnie Bertram to finish the
improvements required in the Scenic Route and Design Review conditions of approval; and
WHEREAS, George and Bonnie Bertram desire to comply with the conditions of approval and
have agreed that additional time will permit them to accomplish that goal; and
WHEREAS, George and Bonnie Bertram have executed a letter agreement dated November 1,
2012 in which they agreed to amend the terms of that certain Development Agreement signed on
February 14, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
McCALL, IDAHO AS FOLLOWS:
Section 1: The letter agreement of November 1, 2012 is accepted.
Section 2: Except as modified in the letter of November 1, 2012, the City ratifies and confirms
the Agreement dated February 14, 2008, recorded March 4, 2008 as Instrument No. 329732 in
the records of Valley County, Idaho, which Agreement contained the conditions of approval for
Owners' building expansion (hereinafter "Agreement").
Section 3: George and Bonnie Bertram shall have until October 1, 2013 to comply with any
remaining requirements imposed by the Agreement relating to the requirement to manage
stormwater and pave the parking and loading spaces with an improved surface consisting of
asphalt, concrete, paving stones or bricks according to McCall City Code 3.8.061. Other
Page 1 of 2
Resolution 12-22
November 29, 2012
streetscape improvements for curb, gutter, and sidewalk will be constructed by Bertrams at their
option, or, through participation in a local improvement district created by the City pursuant to
Title 50, Chapter 17, Idaho Code, to fund construction of streetscape improvements on the east
side of North 3`d Street including Owners' parcel, whichever event occurs first. In accord with
the letter of November 1, 2012, Bertrams shall participate in any local improvement district for
streetscape improvements and will not file any protest, remonstrance, or challenge to such
district; provided, however, that Bertrams shall retain the right to protest or challenge the specific
assessment which may be levied against their parcel.
Section 4: This Resolution and the letter agreement dated November 1, 2012, a copy of which is
attached hereto as Exhibit 1, shall constitute an amendment to the Agreement.
Section 5: This resolution shall be in full force and effect upon its passage and approval.
Passed and approved this 29 day of November, 2012.
CITY OF MCCALL
Valley County, Idaho
on. : ailey, Mayor
Resolution 12-22
November 29, 2012
Page 2 of 2
CITY OF MCCALL
EXHIBIT 1
November 1, 2012
Dear Bonnie and George:
This letter confirms discussions we have had over the past few weeks, and particularly an October 30,
2012.
You have agreed that the Pancake House parking lot improvements required by McCall City Code will be
complete not later than October of 2013.
The City agrees that curb, gutter, sidewalk, and other streetscape improvements can be constructed
through participation in a local improvement created by the City. You have agreed to participate in an
LID if one is formed, will not protest its creation, but you will still retain the right to challenge any
assessment that may be levied against your property. Of course, you will have the option to construct
these improvements on your own before an LID is formed.
To the extent this letter contradicts the February 14, 2008 Agreement, the terms of this letter control,
and the Agreement is amended.
Gene Drabinski
Interim City Manager
Bonnie Bertram
Pancake House
G:.rge Bertram
Pancake House
216 East Park Street • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038