HomeMy Public PortalAbout2008.11.18 Agreement between McCall Mall and MURAs
Agreement between McCall Mall Owner and McCall Urban Renewal Agency.
Whereas, the City of McCall Urban Renewal Agency (Agency) has designed and
contracted for reconstruction of Legacy Park (Park), and
Whereas, Vicki Wade, dba the McCall Mall (Wade) owns property which adjoins the
Park, on the western Park boundary (the Wade Property), and
Whereas, it is noted that a wooden constructed retaining wall northerly and westerly
on the Wade property, which retains soil which supports a concrete slab on which the
large propane tank is currently located, is substantially damaged and in need of repair
or replacement, and,
Whereas, the Agency has plans to add landscaping to the westerly end of the Park, to
remove a tree or trees from Wade's property and to construct other improvements
which involve Wade's property, and,
Whereas, the Agency and Wade have reached agreement which will facilitate the
Agency's planned improvement of the Park and Wade's separate agreement with the
City regarding certain McCall Mall encroachments onto city property.
Therefore, the parties agree as follows:
A. The Agency may remove an existing cottonwood and willow trees located on, or
adjacent to, the property line north of the existing propane tank which is located on
Wade's property. The Agency shall replace these trees with at least six (6) deciduous
trees, three (3) to be planted in the same general area as those removed and the others
planted in the westerly area of the Park
B. The Agency shall conduct the tree removal such that the support for the propane
tank and upland Wade property is properly maintained and•secured and will return
Wade's property to no worse than its pre-existing condition after the tree removal is
completed.
C. The Agency shall remove the existing trash dumpster and propane tank enclosure to
the extent that it extends onto Park property. The Agency and Wade shall confer in good
faith regarding the potential removal of the balance of the enclosure.
D. Wade shall move the existing large propane tank so as to be located entirely on
McCall Mall property.
E. As part of its removal of the trees and landscaping of the west end of the Park, the
Agency shall recontour the area in question and install landscaping to provide such
screening of the propane tank as is desired by the Agency.
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F. The Agency will grant to Wade 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 to the extent that the area is not so landscaped by the
Agency and shall additionally provide access across the Park to the owner of the McCall
Mall as provided in the separate agreement with the City.
G. The maximum vehicle weight for Park access is 65,000 pounds based on a three axle
truck, and
H. Wade shall approve the connection with the existing lakeside pathway on McCall
Mall property with a new pathway to be constructed within the Park; the existing
wooden stairs from the Mall pathway will be removed by the Agency.
WHEREFORE, the parties have executed this Agreement on the dates herinbelow
indicated.
fDated: d / , 2008
VICKI WADE
Dated: l/J
Chairman, McCall Urban Renewal Agency
1 EST:
Secretary, McCall Urban Renewal Agency
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, 2008
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