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HomeMy WebLinkAboutGOOD NEIGHBOR AGREEMENT - 22-00795 - Madison Station ApartmentsMicrofile No. 451027 7 DAY Jul2022 At 01 O'Clock 14 PM KIM H. MUIR MADISON CO RECORDER Fee $37.00 Deputy Recorded of Request of FIRST AMERICAN TITLE - REXBURG GOOD NEIGHBOR AGREEMENT FOR EMERGENCY ACCESS THIS AGREEMENT (the "Agreement") is rnade and agreed to as of the 4)wners day of xif j . 2022 (the "Effective Rate"), by anti between Riverwoods Association (the "Riverwoods HOA"), and Sweetwater Acquisitions, LLC, a Delaware limited liability company ("Developer"), acting as agent for Arbor Square Group, LLC, an Idaho limited liability company ("Arbor"). RECITALS A. Riverwoods HOA is the owner of the common area in the Riverwoods Townhome Complex ("Riverwoods") located along the North and South sides of Trejo Street in Rexburg Idaho, as described and depicted on the plats thereof recorded as Instrument No. 317375 ("Riverwoods South") and`Riverwoods North") in the records of Madison County, Idaho . " B. Arbor is the owner of three (3) parcels of land in Rexburg, Idaho, located adjacent to and immediately South of Riverwoods South, more particularly described on Exhibit 2 attached hereto (the "Arbor Property"). C. Developer plans to develop a 300+ unit apartment complex ("Development") on the Arbor Property, with primary access via Trejo Street. D. The Development is restricted to 200 or fewer units unless the Development has a secondary emergency access. E. Developer has proposed terms wherein the Riverwoods HOA will provide a designated emergency access to the Development from Trejo Street via a portion of the common area of Riverwoods South, as more fully described herein. F. Riverwoods HOA has agreed to provide the designated emergency access to the Development on the terms and conditions set forth herein. AGREEMENTS NOW, THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows: 1. Emergency Access. The Riverwoods HOA grants Developer, for the benefit of the Arbor Property, an emergency access easement (the "Easement") over and across the westernmost driveway of Riverwoods South from the entrance to Riverwoods South located on the south right-of-way line of Trejo Street to the southern boundary line of Riverwoods South, the same being the northern boundary of the Arbor Property, together with the right to install an emergency gate (the "Emergency Gate"), at Developer's expense, on the common boundary line of Riverwoods South and Arbor Property in the location depicted on Exhibit I attached hereto. The Easement shall include and be subject to the following terms, provisions, and covenants: 451027 Page I a. From and after the date of the installation of the Emergency Gate by Developer, Riverwoods HOA shall keep the Easement area free of debris, parked vehicles, and other obstructions including snow. b. The Emergency Gate shall conform to all requirements of the Madison County Fire Department. d. Except when used in accordance with the terms hereof, the Emergency Gate shall remain closed. The gate will be opened only (1) in the event of an emergency or (ii) as required to perform trash removal or snow removal services. 2. Consideration. In exchange for the granting of the Easement, Developer covenants and agrees as follows: a. At the request of Riverwoods HOA, Developer shall provide pavement work for a minimum of four additional parallel parking spaces ("Additional Parking") on the Eastern border of Riverwoods South as depicted on Exhibit 1 as "Additional Parking". The Additional Parking will have the width and length of a standard parallel parking space without encroaching on the existing Riverwood access driveway width. This is to compensate the Riverwoods HOA for the loss of two parking spaces currently located in the proposed Easement for parking and snow removal storage. b. Developer shall ensure existing privacy fencing between the Arbor Property and the Riverwoods HOA property on all adjoining sides is preserved, extended, or repaired in connection with the completion of the improvements along the border of the Riverwoods HOA and Arbor Property border. Developer shall resolve conflicts, if any, between the current fence line and accurate property line as described in Exhibit 2 by moving and reinstalling privacy fencing as needed. Fencing materials will be at least six feet in height with each post set in concrete for sturdiness and durability. Developer shall install a lock -controlled access gate in approximately the location depicted on Exhibit 1 as "Access Gate" and shall provide key fobs for the use of residents of Riverwoods to enable pedestrian access through the Access Gate to the dog park and children's playground to be installed by Developer on the Arbor Property. The Riverwoods HOA shall be responsible for managing the distribution of such key fobs to ensure that the key fobs are used only by registered owners and tenants of Riverwoods Townhomes. C. Developer shall provide a Knox's remote control for access through the Emergency Gate to be used by Riverwoods HOA's provider of snow removal services. d. From and after the date that Developer installs the Emergency Gate, the owner of the Arbor Property shall reimburse Riverwoods HOA for 50% of the total cost of snow removal incurred from November through March for the drive and parking areas of Riverwoods. For the avoidance of doubt, the Developer is agreeing to cover the cost of snow removal for the common area of Riverwoods South, but since the cost of snow removal is billed for the entire common area of Riverwoods, the Developer and the Riverwoods HOA have agreed that 50% is roughly equivalent to the total cost attributable to Riverwoods South. Page 2 451027 e. Riverwoods HOA shall have reasonable approval rights with regard to the design and construction of fencing and gates installed by Developer along the common boundary line between Riverwoods and the Arbor Property. If Riverwoods HOA fails to respond to any written request for such approval within thirty (30) days after such written request is made, the proposed design and construction of such fencing and/or gate(s) shall be deemed approved by Riverwoods HOA. f. Developer will continue to utilize best efforts to secure a permanent secondary access or an alternative emergency -only access to the Development, such as through Paddington Place Apartments or Cougar Court Apartments, or the acquisition of adjacent parcel(s) located immediately south of the Arbor Property. In the event the Developer establishes alternative permanent secondary access or an alternative emergency -only access to the Development, the residents of Riverwoods will retain access to the dog park and children's playground located on the Arbor Property provided such residents are not deemed to be intrusive or abusive at the discretion of the Developer or owner of the Development. Additionally, any improvements contemplated with this secondary access agreement will be completed once commenced, regardless of the necessity for the secondary access via Riverwoods. For the avoidance of doubt, Additional Parking will be completed if already commenced, and any fencing repairs or installation will be completed along the common border between the Arbor Property and Riverwoods South. Additionally, if an emergency access gate has been installed by the time an alternative secondary entrance is completed, the Developer or the owner of the Development shall remove the emergency access gate along with all structural components and install fencing identical to the remaining property line at the cost of the Developer or owner of the Development. Upon completion of these improvements, the Developer or owner of the Development shall be released from its obligation to cover 50% of snow removal costs to Riverwoods. g. Developer shall reimburse Riverwoods HOA's legal fees incurred in connection with the negotiation, drafting, review, and execution of this Agreement in an amount not to exceed $15,000.00 (Fifteen thousand U.S. dollars). 3. Not Public Dedication. The provisions of this Agreement shall not be deemed to constitute a dedication for public use nor to create any rights in the general public of any kind. 4. Successors and Assigns. This Agreement inures to the benefit of and is binding upon the parties and their respective successors and assigns as the owner or owners at the time in question of fee title to the Riverwoods Townhomes common area and the Arbor Property. 5. Miscellaneous. a. The headings in this Agreement are for reference only and do not limit or define the meaning of the provisions of this Agreement. b. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. Page 3 451027 C. This Agreement sets forth the entire understanding of the parties with respect to the matters set forth in this Agreement as of the Effective Date; it supersedes all prior oral or written agreements of the Parties as to the matters set forth in this Agreement; and it cannot be altered or amended except by an instrument in writing, signed by the parties hereto or their respective successors and/or assigns. d. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument. The signature pages may be detached from each counterpart and combined into one instrument. Page 4 451027 IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective as of the Effective Date. ��r�����,•.,p .''�®r>f� Riverwoods HOA: neriwvoHomeowners Association r a w+ W COMMON �fV A. OF to /1 : Derald Bates, President ����f�'�f111iN41111t►��r� By: ('4 rolyn ingham-Batees, Board Member By: Cheri Cook�Board Member By: . iana O'Brien, Board Member By: TJ O' rien, Board Member Developer: SWEETWATER ACQUISITIONS, LLC, a Delaware limited liability company By 6, () k / R� n N. son. Manager l-4 Acknowledgment ate of10 ©z-f(s, k4foijn Anq�,u�s�- f6, ountyof /6"'56#7 , ;).4aQ 4,- e4, 641-97 nj urw 20 LL, .. . ;rsonally appeared before me, who is personally known to me whose identity 1 proved on the basis of P(t ✓ems L�6e 5e,5 whose identity I proved on the oath, affirmation of a credible witness be the signer of the above document, and he/she acknowledged that he/she igned� it 4Y Comm IENP Notary Public Page 5 451027 STATE OF IDAHO SS. COUNTY OF BONNEVILLE On June 28, 2022, before me, the undersigned, personally appeared Cheri Cook known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. H SA WAGONERNoARY 1�OR THES TF C]F IDAi�O SION NO.2606ARY PUBLIC Commission Expires: Residing at Idaho FallsID T OF IC?AHO Commission Expires 4-7.2027 451027 ACKNOWLEDGEMENT/LIMITED LIABILITY COMPANY STATE OF Idaho ) ss. COUNTY OF Madison On this 7th day of July, 2022, before me, a Notary Public in and for said State, personally appeared Ryan J. Nelson , known or identified to me to be the person whose name is subscribed to the within Instrument as one of the Managers/Members of the Sweetwater Acquisitions, LLC , which is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he executed the same in said Limited Liability Company's name. Notary Public of Idaho Residing at: Rexburg, ID NIJ�-- Commission Expires: 4-14-2024 NOTARY PUBLIC suft E OU7--4 Felon F 451 EXHIBIT 1 Page 6 451027 EXHIBIT 2 ARBOR PROPERTY SITUATED IN THE STATE OF IDAHO, COUNTY OF MADISON, BEING PART OF ALL OF LOT 7, BLOCK 2 WESTATES SUBDIVISION AND PART OF THE SOUTHEAST 1/4, SECTION 25, TOWNSHIP 6 NORTH, RANGE 39 EAST, OF B.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REBAR WITH BRASS CAP FOUND MARKING THE SOUTH/4 CORNER OF SAID SECTION 25; THENCE NORTH 89"46'34" EAST, A DISTANCE OF 1,320.02 FEET ALONG THE SOUTH LINE OF SAID SECTION 25 TO A POINT; THENCE NORTH 00016' 13" WEST, A DISTANCE OF 1044.46 FEET WITH EAST LINE OF PIONEER VILLAGE SUBDIVISION TO A 5/8" REBAR WITH A PLASTIC CAP SET STAMPED "PLS 13856", MARKING THE POINT OF BEGINNING; THENCE NORTH 00016'13" WEST, A DISTANCE OF 604.85 FEET WITH THE EAST LINE OF SAID WESTATES SUBDIVISION TO A POINT; THENCE NORTH 89047'52" EAST, A DISTANCE OF 599.95 FEET WITH THE SOUTH LINE OF RIVERWOODS TOWNHOMES TO A POINT; THENCE NORTH 00015'55" WEST, A DISTANCE OF 151.68 FEET WITH THE EAST LINE OF RIVERWOODS TOWNHOMES TO A REBAR WITH A PLASTIC CAP FOUND; THENCE WITH THE SOUTH RIGHT OF WAY LINE OF TREJO STREET WITH A NON TANGENT CURVE TO THE LEFT, HAVING A DELTA ANGLE 12°54'45", A RADIUS OF 834.44 FEET, AN ARC LENGTH OF 188.05 FEET, WITH A CHORD BEARING OF NORTH 70°47'50" EAST, AND A CHORD LENGTH OF 187.65 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856" MARKING A POINT OF REVERSE CURVE; THENCE WITH THE SOUTH RIGHT OF WAY LINE OF TREJO STREET WITH A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 25027'43", A RADIUS OF 499.41 FEET, AN ARC LENGTH OF 221.94 FEET, WITH A CHORD BEARING OF NORTH 77.04' 18" EAST, AND A CHORD DISTANCE OF 220.12 FEET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856' ; THENCE NORTH 89048'10" EAST, A DISTANCE OF 62.61 FEET WITH THE SOUTH RIGHT OF WAY LINE OF TREJO STREET TO A REBAR WITH A PLASTIC CAP SET STAMPED, "PLS 13856"; THENCE WITH AN ARC OF A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 120°20'19", A RADIUS OF 25.00 FEET, AN ARC LENGTH 52.51 FEET, WITH A CHORD Page 7 451027 BEARING OF SOUTH 30001'41" EAST, WITH A CHORD DISTANCE OF 43.37 FEET TO A REBAR WITH A PLASTIC CAP FOUND; THENCE SOUTH 30008'29" WEST, A DISTANCE OF 958.18 FEET WITH THE WEST RIGHT OF WAY OF EASTERN IDAHO RAILROAD TO A POINT; THENCE SOUTH 89043'47" WEST, A DISTANCE OF 590.83 FEET TO THE POINT OF BEGINNING, CONTAINING 12.76 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY JEFFREY M. ROWE, PLS 13856 IN DECEMBER 2017, AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Page 8 451027