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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