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Home My Public Portal About2019.05.07 Temporay Sidewalk Construction Easement - Richard Sabala Foundation2nd Street and Lenora Street — Phase 1 B TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS INDENTURE, made this 7''` day of Al. 2019, of Richard Sabala Foundation Inc. located on parcel RPM0171001001A, at ad ress 200 E Lake St., hereinafter "GRANTOR", and THE CITY OF MCCALL, IDAHO, a municipal subdivision of the State of Idaho, hereinafter "THE CITY OF MCCALL"; WITNESSETH: FOR VALUE RECEIVED, receipt of which is hereby acknowledged by GRANTOR, and for the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to THE CITY OF MCCALL an easement (the "Easement") under, over, through and across that certain Real Property owned by GRANTOR situated in the COUNTY OF VALLEY, STATE OF IDAHO more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Real Property"). This grant is made on the following terms: 1. Authorized Uses By THE CITY OF MCCALL. THE CITY OF MCCALL's use of the Easement granted herein shall be in connection with the construction and improvement of sidewalks on adjoining and abutting property owned by the Grantor, for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to THE CITY OF MCCALL in connection with such construction and improvement project. 2. Use by Others under THE CITY OF MCCALL. THE CITY OF MCCALL's right to so use the Real Property during the term of the Easement shall extend to use by THE CITY OF MCCALL's employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the construction improvement project. On the expiration of the term of this Easement, the rights and privileges granted to THE CITY OF MCCALL hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. To the extent permitted by Idaho law, THE CITY OF MCCALL hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Real Property by THE CITY OF MCCALL, its employees, contractors and agents, hereunder, and including, without limitation, attorney's fees and costs that might be incurred by GRANTOR in defending any such claims. 5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term of this Easement the Real Property shall be restored by THE CITY OF MCCALL, at its sole cost and expense, to at least as good a condition as existing on the date of this Agreement. 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and accepted to the benefit of (i) THE CITY OF MCCALL AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Real Property. TO HAVE AND TO HOLD this Easement unto THE CITY OF MCCALL for the term hereinabove set forth. GRANTOR covenants to THE CITY OF MCCALL that THE CITY OF MCCALL shall enjoy the quiet and peaceful possession of the Real Property throughout the term hereof; and, GRANTOR warrants to THE CITY OF MCCALL that GRANTOR is lawfully seized and possessed of the Real Property and has the right and authority to grant this Easement to THE CITY OF MCCALL. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. GRANTOR Richrard Sabala Foundation Inc. THE CITY OF MCCALL by'�( its ✓ Ot(p/ NO ACKNOWLEDGEMENT NEEDED. THIS EASEMENT IS NOT TO BE RECORDED �f HORROCKS ENGammommomm I N EER S 2775 W. Navigator Dr. Suite 210 Meridian, ID. 83642 208 895.2520 www.horrocks.com April 17, 2019 Re: City of McCall Downtown Core 2nd Street and Lenora Street Reconstruction Construction Update Dear Property/Business Owner, The purpose of this letter is to update you about the upcoming City of McCall construction project that will be happening in the area near your property and/or business. The City has planned for the reconstruction of the roadways that make up the McCall downtown core. Construction will be complete in phases, and each phase is broken into sub phases. The second sub phase (Phase 1B) of these projects includes 2nd Street and Lenora Street and consists of improvements to the roadway, curb and gutter, sidewalks, and landscaping. Phase 1A is complete and included subsurface work on the water, sewer, and storm water facilities. This update is providing the most current information about the project before construction on the next phase begins. The following is a summary of the different construction phases: • Phase 1A: 2" Street and Lenora Street — Subsurface Utilities - Complete • Phase 1B: 2nd Street and Lenora Street — Surface Improvements • Phase 2A: Park Street and Veteran's Alley — Subsurface Utilities • Phase 2B: Park Street and Veteran's Alley — Surface Improvements • Phase 3: 1st Street Subsurface and Surface Improvements Construction Schedule Construction for Phase 1B activities are anticipated to commence early May 2019 and will continue through August and possibly September 2019. Street Closures The construction for this project will be completed in stages, and each stage will require temporary closures to roadway segments. Some stages will require the temporary closure of intersections. The following is a summary of the Phase 1B construction stages, which outlines the order of street closures: • Stage 1: South side of Lenora Street from 1st Street to 3rd Street • Stage 1A: 2nd Street from Lenora Street to Park Street • Stage 2: North side of Lenora Street from 1st Street to 3rd Street • Stage 2A: 2'd Street from Lenora Street to Lake Street o wA, s' ("Noo O m City r of McCall ARoJE�C HORROCKS I (, 2775 W. Navigator Dr. Suite 210 Meridian, ID. 83642 208.895.2520 www.horrocks.com The construction contractor will be allowed to close street blocks, as necessary for their operations, to traffic starting May 2019, but will be required to maintain access for pedestrian and emergency vehicles, as needed, through the course of construction. Vehicle access to businesses located along the closed blocks will be directed to use adjacent roads or alleys. This will require patrons to park and walk to desired locations. U.S. Postal services are to be maintained. The complete reopening of 2nd Street and Lenora Street is anticipated by September 20, 2019 at the latest. Work on Private Property Through the design process, we have identified that your property will be impacted with the proposed roadway improvements. These impacts are anticipated to include reconstruction of the sidewalk in front of your building and minor repairs to your landscaping, parking lot, or building frontage if applicable. Included in this correspondence is a temporary easement agreement, which will allow the Contractor access to a portion of your property during construction. This will be necessary to install new infrastructure and repair your property frontage post construction. Please sign and return the agreement using the return envelope enclosed. Questions Prior to construction, the Contractor and Resident Project Representative will be visiting with you to discuss construction timelines and to coordinate with you on any needs during the construction process. Please contact me, Karie Davidson at KarieD@horrocks.com, if you have any questions. Thank you in advance for your time and consideration. Sincerely, Karie Davidson Horrocks Engineers Project Design Engineer CityV of McCall