HomeMy Public PortalAbout2014.09.25 Village on Lake St Development AgreementRecording Requested By and
When Recorded Return to:
City Clerk
City of McCall
216 East Park Street
McCall, Idaho 83638
Instrument # 387654
VALLEY COUNTY, CASCADE, IDAHO
10-32014 MI:37:10 No. of Pages: 7
Recorded for : CITY OF
DOUGLAS A. MILLER ^
Ex-Officio Recorder 11111 • lit
Index to: DEVOLUTION ON DEATH
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
(The Village on Lake Street)
This Development Agreement, hereinafter referred to as "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 The Lake Street Company LLC, hereinafter referred to as "Owner" whose address is P.O.
Box 1492, McCall, Idaho, 83638 , and who is the owner of the Village on Lake Street (the "Project")
which is more particularly described in the attached Exhibit A (the "Property").
WHEREAS, approval of the Planned Unit Development General Plan Application, the Vacation
of Public Alley Application and the Application for Zoning Map Amendment (the "Applications") have
been granted by the McCall Planning and Zoning Commission and the McCall City Council as PUD 14-
02, VAC 14-01 and ZON 14-03; and
WHEREAS, the ZON 14-03 application approval is tied to the PUD 14-02 approval and the
Project; and
WHEREAS, the parties desire to memorialize certain conditions regarding the ZON 14-03
approval, with the further understanding that it will be necessary to supplement and amend this
Agreement to memorialize additional terms and conditions as the PUD and platting process proceeds.
WHEREFORE, the City of McCall and Owner do enter into this Agreement for and in
consideration of the mutual covenants, duties and obligations herein set forth, do agree as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 This Development Agreement is made pursuant to and in accordance with the provisions
of Idaho Code Section 67-651 lA and McCall City Code, Title 9, Chapter 6.
ARTICLE II
REZONE
2.1 In the event that Owner does not submit a Final PUD Plan for Phase One of the Project,
in substantial conformity with the PUD General Plan, as approved, on or before
December 31, 2016, then Owner, in such circumstance, waives and relinquishes any
objection to the City's rezone of the Property to Medium Density Residential-R8, or such
other zone as the City concludes is consistent with the McCall Comprehensive flan.
Development Agreement between Owner and the City of McCall — Thee Village on Lake Street 9-25-14
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ARTICLE III
DEVELOPMENT SCHEDULE
3.1 The Development Schedule for the PUD (i.e. the minimum acceptable Development
Schedule) shall be as follows:
a) By December 31, 2016: Submit PUD Final Development Plan for at least one
Phase of PUD.
b) By December 31, 2017: Submit Preliminary Condominium Plat for entire
Project (i.e. Site Plat) and for at least one Phase (i.e. Building) of Project.
c) By December 31, 2018: Submit PUD Final Development Plan for at least second
Phase of PUD and Application for Building Permit for at least one Phase of
PUD.
d) By December 31, 2019: Submit PUD Final Development Plan for remaining
Phase(s) of PUD.
ARTICLE IV
DEFAULT
4.1 In the event Owner, its successors, assigns or subsequent owners of the property or any
other person acquiring an interest in the property, fail to faithfully and materially comply
with all of the terms and conditions included in this agreement, such failure to comply
will be deemed a default hereunder. In that event, City shall have the following options:
(a) This agreement and the commitments contained herein may be terminated, and
the High Density Residential-R16 zoning designation reversed according to the
process required by the McCall City Code and the Local Land Use Planning Act;
provided, however, no such termination or reversal shall occur unless City
provides written notice of the default and Owner fails to cure such default within
ninety (90) days after mailing or delivery of said notice.
(b) Enforcement of this agreement may be sought in an action at law or in equity in
Valley County District Court. A waiver by City of any default by Owner of any
one or more of the covenants or conditions hereof shall apply solely to the breach
waived and shall not bar any other rights or remedies of City or apply to any
subsequent breach of any covenants or conditions.
Notwithstanding anything to the contrary herein, in the event of a material
default of the agreement, the parties agree that City and/or Owner shall have
ninety (90) days after delivery of notice of such default to correct the same prior
to the non -defaulting party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot with
diligence be cured within such ninety (90) day period, if the defaulting party shall
commence curing the same within the ninety (90) day period and prosecute the
curing of same with diligence and continuity, then the time within which such
default may be cured shall be extended for such period as may be necessary to
Development Agreement between Owner and the City of McCall — The Village on Lake Street 9-25-14
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complete the curing of the same, but in any event not to exceed (6) months; and
provided further, however, no default by a subsequent owner of a portion of the
property shall constitute a default by Owner for the portion of the property still
owned by Owner.
(c) In the event the performance of any obligation to be performed hereunder by any
party hereto is delayed for causes that are beyond the reasonable control of the
party responsible for such performance, which shall include, with limitation, acts
of civil disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
(d) In addition to the remedies set forth above, in the event of a default by Owner or
any other party claiming an interest herein, City may withhold building permits
for any remaining lots within the development until such time as the default is
cured.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent be held invalid or
unenforceable, the remainder of this instrument shall remain in full force and effect.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the
County Recorder. Each commitment and restriction on the development subject to this
Agreement, shall be a burden on the Property, shall be appurtenant to and for the benefit
of the Property, and shall run with the land. This Development Agreement shall be
binding on the City and the Applicant and owners, and their respective heirs,
administrators, executors, agents, legal representatives, successors and assigns; provided,
however, that if all or any portion of the Property is divided, each owner of a legal lot
shall only be responsible for duties and obligations associated with an owner's parcel and
shall not be responsible for duties and obligations or defaults as to other parcels or lots
within the Property. The new owner of the Property or any portion thereof (including,
without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be liable for all commitments and other obligations arising under this
Agreement with respect only to such owner's lot or parcel.
ARTICLE VII
GENERAL MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made
only after complying with the notice and hearing provisions of Idaho Code Section 67-
6509, as required by McCall City Code, Title 3, Chapter 15.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its
fair meaning and as if prepared by both parties hereto. Titles and captions are for
convenience only and shall not constitute a portion of this Development Agreement. As
used in this Development Agreement, masculine, feminine or neuter gender and the
Development Agreement between Owner and the City of McCall — The Village on Lake Street 9-25-14
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singular or plural number shall each be deemed to include the others wherever and
whenever the context so dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State of Idaho in effect at the time of the execution of this Development
Agreement. Any action brought in connection with this Development Agreement shall
be brought in a court of competent jurisdiction located in Valley County, Idaho.
7.4 Notices. 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:
ARTICLE VIII
MISCELLANEOUS
8.1 This Agreement may be modified only by means of a subsequently executed and
acknowledged written agreement.
8.2 In the event Owner fails to comply with the commitments set forth herein, within one
hundred twenty (120) 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 Development
Agreement, and to collect the direct costs associated with such action from Owner.
8.3 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.
8.4 Except as specifically set forth in the Agreement, the rules, regulations and official
policies governing permitted uses of land, density, design, improvements and
construction standards and specifications applicable to the Project and the Property shall
be those rules, regulations and official policies in effect as of the effective date of the
ordinance effecting the annexation and/or rezone of the property. Provided, however,
that the applicable building codes for structures shall be the codes in effect when a
complete application for a building permit is filed. Development impact fees, if imposed
by ordinance, shall be payable as specified in said ordinance even if the effective date is
after the date of this agreement or the annexation and/or rezone thereto.
8.5 After its execution, this Development Agreement shall be recorded in the office of the
Valley County Recorder, at the expense of Owner, Each commitment and covenant
contained in this Agreement shall constitute a burden on, shall be appurtenant to, and
shall run with the Subdivision Property. This Development Agreement shall be binding
on the City and Owner and their respective heirs, administrators, executors, agents, legal
representatives, successors and assigns; provided, however, that if all or any portion of
the Subdivision Property is divided, each owner of a legal lot shall only be responsible
for duties and obligations associated with an owner's parcel and shall not be responsible
for duties and obligations or defaults as to other parcels or lots within the Property.
Owner shall not be relieved of its responsibilities and duties under this Agreement absent
Development Agreement between Owner and the City of McCall — The Village on Lake Street 9-25-14
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an agreement with the City which designates a successor to Owner who accepts such
responsibilities and duties as are then remaining.
8.6 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:
McCall:
Owner:
City Clerk
City of McCall
216 East Park
McCall, Idaho 83638
The Lake Street Company LLC
P.O. Box 1492
McCall, Idaho 83638
With copy to: Steven J. Millemann
P.O. Box 1066
McCall, Idaho 83638
or such other addresses 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 parties have hereunto caused this Agreement to be executed,
effective on the day and year first above written.
OWNER
The eet Company LLC
By.
ve Minor, its
CITY
L
kie J. Ay
r, City of McCall
ATT
BessieJo W?McCall Cler
Development Agreement between Owner and the City of McCall — The Village on Lake Street 9-25-14
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STATE OF ILLIA, r,
County of
On this e9.. day of en3eiAk, 2014, before me, ()fa_ r V 1 \son ,
a Notary Public in and for said State: personally appeared Steve Minor, known or identified to me, and
acknowledged to me, to be the Managing Member of The Lake Street Company LLC, and the member
who subscribed said Limited Liability Company's name to the foregoing instrument, and
acknowledged to me that he executed the same in said LLC's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and
year in this certiftr4ve written.
,`jQvh 1 '�',$'i ,,
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(SEAL) t 14O Tit , 7
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STATE OF IDAHO,
County of Valley.
)ss
NOTARY PUBLIC FOR
My Commission Expires:
On this day of , 2014, before me, LA L , a Notary Public
in and for said State, personally appeared :NOe , YbnCw and
,ess e kA4oPkin Q lie known or identified to me to be the Mayor and the City
Clerk of the City of Mc, 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.
(SEAL)
NOTARY P
My Commissio
Development Agreement between Owner and the City of McCall — The Village on Lake Street 9-25-14
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EXHIBIT A
LEGAL DESCRIPTION
Certain property located in McCall, Valley County, Idaho, and more particularly described as follows:
All those certain lots, pieces or parcels of land situated in Valley County, Idaho and shown as Lots 10, 11,
12 and 13, of Block 1, Williams -Mayfield Addition to the Village of McCall, a plat of which is recorded
in the office of the Recorder of Valley County, Idaho;
AND
A tract of land beginning at a point 225.00 feet North and 639.00 feet West of the SE corner of
Government Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian Valley County, Idaho,
the Real Point of Beginning:
Thence running West 75.00 feet;
Thence North 276.54 feet;
Thence East 75.00 feet;
Thence South 276.54 feet; to the Real Point of Beginning.
Aka Tax No. 178
AND
A tract of land in Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian, Valley County,
Idaho, more particularly described as follows: Beginning at a point 225 feet North and 714 feet West of
the Southeast corner of said Lot 4; Thence West 50 feet; Thence North 276.54 feet; Thence East 50 feet;
Thence South 276.54 feet to the Point of Beginning. (Aka Tax No. 179 in Government Lot 4.)
AND
A parcel of land in Valley County, Idaho, beginning at a point 225 feet North and 764 feet West of the
Southeast corner of Government Lot 4, Section 9, Township 18 North, Range 3 East, Boise Meridian,
Valley County, Idaho; running West 50 feet to a point; thence North 276.54 feet to a point; thence East 50
feet to a point; thence South 276.54 feet to the Place of Beginning. (Aka Tax No. 180 in Government Lot
5.)
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