HomeMy WebLinkAboutCaldwell 23 Dev Agrmnt w City MOD proposed 2022 02 16November 12, 2020
CALDWELL 23 DEVELOPMENT AGREEMENT
Case Number CMP 20-02/ZON-20-03
Recording requested by:
City of Caldwell
P.O. Box 1179
Caldwell, Idaho 83605
DEVELOPMENT AGREEMENT
CALDWELL 23 DEVELOPMENT AGREEMENT
Case Number CMP 20-02/ZON-20-03
2020-068453
RECORDED
11/18/2020 12:23 PM
0056"26202000684530160168
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CHRIS YAMAMOTO
CANYON COUNTY RECORDER
Pgs=16 DLSTEPHENS NO FEE
AGR
CITY OF CALDWELL
For Recording Purposes, Do
Not Write Above This Line
This Development Agreement is made and entered into this i8 dy of November, 2020, by and
between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho
83605 ("City" or "Caldwell"), and TPC Enterprise Holdings, LLC, an Idaho limited liability corporation of
430 E. State Street, Suite 100, Eagle, Idaho, 83616 ("Owner").
WHEREAS, Owner is the owner of record of certain real property (the "Subject Property") located in City
of Caldwell, more particularly described as follows:
See Exhibit "A", a legal description, attached hereto and incorporated herein by this reference.
WHEREAS, the Subject Property is the subject of an Application for Rezone submitted by Owner
identified as Application Number ZON-20-03; and
WHEREAS, Owner intends that any future development of the Subject Property will be as Residential
and Commercial; and
WHEREAS, the Subject Property is currently zoned City of Caldwell's as M-1 (Light Industrial)); and
WHEREAS, Owner seeks to zone the property to the City of Caldwell's as C-3 (Service Commercial); and
WHEREAS, it is the intent of this Development Agreement to protect the rights of Owner's use and
enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the
zoning of this property upon neighboring properties and the community, and ensuring that any future
development of the property is in a manner consistent with Caldwell's Comprehensive Plan and City
Code; and
WHEREAS, Caldwell and Owner desire to set forth herein limitations and/or conditions upon the use and
future development of the Property;
Caldwell 23 Development Agreement—CMP-20-02 andZON-20-03
A a0- I
WHEREAS, Caldwell, Owner and Developer desire to set forth herein limitations and/or conditions upon
the use and future development of the Property;
WHEREAS, all capitalized terms in this Development Agreement not herein defined shall have those
meanings designated in the Caldwell City Code, the Caldwell Zoning Ordinance, and the Caldwell
Comprehensive Plan; and
WHEREAS, the zoning designation requested by Developer and/or Owner with respect to the Subject
Property, if granted by the City, will only be granted upon execution of this Development Agreement;
and
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the sufficiency of
which is hereby acknowledged, Developer, Owner and Caldwell agree as follows:
ARTICLE I
LEGAL AUTHORITY
Caldwell will designate new zoning and change the Comprehensive Plan accordingly for the Subject
Property, subject to the terms and conditions of this Development Agreement. This Development
Agreement shall be signed before an affirmative Order of Decision by the Mayor and City Council
permitting the annexation and zoning designation will be signed into effect by the Mayor. The
ordinance will become effective after its passage, approval, and publication.
ARTICLE If
CONDITIONS OF THE REZONE FROM M-1 (LIGHT INDUSTRIAL) to C-3 (SERVICE COMMERCIAL)
Development of the Subject Property shall be consistent with all requirements, codes, rules, and
regulations of the City of Caldwell, unless specifically stated otherwise in the development agreement.
1. All future development applications for the Subject Property must meet all requirements of the
Caldwell City Codes, Ordinances, and Standards in effect at the time of application.
2. A development agreement, as prepared by the Planning and Zoning Department, shall be
approved by City Council in conjunction with the rezone.
3. In the event the Subject Property's legal description is discovered to be in error, the Developer
and/or Owner will be responsible for assuming the measures necessary to provide the City with
an accurate legal description of the Subject Property.
4. The development, design, and construction of the project shall be insubstantial compliance with
the submitted concept development and site plan (See Attached Exhibit A-3 of Case File CMP
20-02/ZON 20-03). Any substantial deviations, as determined by the Planning and Zoning
Director, from said Exhibit A3, shall require City Council approval, through a public hearing.
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
2.1 PLANNING
1. Installation and construction of the development as shown on the submitted conceptual site
and landscape plan shall be in substantial compliance with the submitted plan (see Exhibit A-3 of
Case File CMP 20-02/ZON 20-03). The development shall comply with City of Caldwell
Landscape Ordinance requirements at the time of development. A detailed site landscape plan
including dimensions, easements, showing parking, road names, etc. shall be submitted to the
Planning and Zoning Department prior to construction/development on the property.
2. The open space design of the project shall be in substantial compliance with the concept site
and landscape plan (Case Number ZON-20-03 (ANN -16-05) Exhibit 3A attached). Redesign of the
residential layout and streets to accommodate ordinance requirements, easements, landscape
buffers shall not significantly impact the intended greenspace and meandering pathways and
pedestrian amenities. Any substantial deviations, as determined by the Planning and Zoning
Director, from said Exhibit A3, shall require City Council approval, through a public hearing.
3. The proposed "multi -use clubhouse" shall be completed within the development of the first
approximate 1/4 of the residential development units in the plan i.e., prior to issuance of the
certificate of occupancy for the structure containing the approximate 126 -130th unit of the 504
proposed units on the subject properties. [Preliminary Phasing Plan has it projected for Phase I
see Exhibit A-13 attached].
4. Amenities to each cluster including playground equipment, meandering pathways, bike racks
and shaded picnic areas shall be constructed during and/or prior to completion of the
development of each garden style cluster (pods) of multi -family units as shown on Exhibit 3A.
5. The Developer shall provide for pick-up and drop-off locations with adequate illumination for
bus stops in conjunction with school district bus transportation provider requirements.
6. The Developer shall provide for Electric Vehicle Charging changes in conformance with Zoning
Ordinance requirements (§10-02-05 (3) E. or as amended).
7. Comply with the requirements of all applicable agencies, including but not limited to Pioneer
Irrigation District, City of Caldwell Engineering Department, City of Caldwell Building
Department, and the City of Caldwell Fire Department.
8. The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall
not be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning
Department showing coordination with the United States Postal Services prior to submitting the
first final plat.
9. All requirements from the Fire Department for access, turnarounds, emergency access, water
supply, fire hydrants, etc. shall be met in the development and/or platting of the Subject
Property. Final approval of the location and number of fire hydrants within the development
shall be determined by the Fire Marshal and take place by phase at the time of submittal of
applicable construction drawings for each phase.
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Caldwell 23 Development Agreement— CMP -20-02 and ZON-20-03
10. Post and maintain a "Rules and Regulations" sign at the entryways to the residential subdivision
until it is fully developed. The signs would be intended for subcontractors performing work and
should include: 1) no dogs; 2) no loud music; 3) no alcohol or drugs; 4) no abusive language; 5)
dispose of personal trash and site debris; 6) clean up any mud and/or dirt that is deposited from
the construction parcel onto streets; 7) installation of a temporary construction fence that
would keep debris from being blown off site by the wind; 8) no burning of construction or other
debris on the Property.
11. If the City of Caldwell has established a design review process at the time of submittal of
development application(s) for the Subject Property, the applicant will be required to go
through the design review process.
12. All future development applications for the Subject Property must meet all requirements of the
Caldwell City Codes, Ordinances, and Standards in effect at the time of application.
13. The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes shall
not be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning
Department showing coordination with the United States Postal Services before building permit
is issued.
14. The development is required to comply with Article 7 Caldwell City Landscaping Ordinance. As
per Section 10-07-02(2) of City Code, landscaping should be required for this project. City Code
requires a 20 -foot wide street landscape buffer along Franklin Road, a minor arterial. The
applicant should be required to provide 1 Class II tree for every 35 feet of linear frontage along
Franklin Road and 1 shrub for every 7 linear feet of frontage along this street, as well.
Additionally, the applicant should be required to landscape the internal pathways, and common
areas as required by City Code.
15. In accordance with §10-07-10, a 15 -foot landscape buffer should be required for the northeast
boundary between the proposed project and the interstate. A 20 -foot landscape buffer should
be required for the south and west boundaries between the development and the existing M1
properties and also a 15 -foot buffer along the east boundary between the residential and
commercial use of the adjacent property. The development entrances should minimally comply
with §10-07-08 (1) G and §10-07-07.
16. The first two phases of this development will consist of approximately 264 units, but before any
additional residential structures can be built, there should be a 3rd access of ingress/egress, a
safety access on the northwest part of the site in the area of Phase 3 and 4 of the preliminary
phasing plan see exhibit A-13.
2.2 ENGINEERING
1. Development Plans —Prior to commencing construction, plans must be prepared by the
Developer's engineer and approved by the City Engineering Department which shall include the
following items (if applicable):
a. Street section and alignment (including curb and gutter);
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
b. Sidewalk (sidewalk width based on street classification);
c. Sanitary sewer (per City and DEQ requirements); If applicable
d. Potable water (per City and DEQ requirements); If applicable
e. Stormwater facilities (per City requirements/manual);
f. Street lighting (per City standards); If applicable
g. Street signage (per City and MUTCD requirements); If applicable
h. Vertical Datum based on NAVD 88 Datum
General
1. All utilities within the development shall be located and/or relocated underground.
2. Appropriate easements for emergency access, transmission lines and/or other utilities shall be
granted to the City or the appropriate entity/district/municipality.
3. Construction of facilities to be dedicated and/or within public right-of-way shall be performed
by an appropriately licensed public works contractor and constructed to City of Caldwell
specifications in place at the time of construction.
4. Prior to commencement of construction in any dedicated right-of-way, or construction of any
improvement intended for dedication to the City or connected to a City facility, the City
Engineering staff is to be notified. This preferably will take place in a pre -construction
conference scheduled by the engineer of record in which all appropriate personnel and utilities
are present. Appropriate City personnel are to be notified in advance of all testing (including
compaction, pressure and coliform, etc.) and given opportunity to be present during conduct of
the testing. The engineer of record or his designated representative is to witness all tests and a
log of inspection visits and testing results is to be kept by the engineer of record or his
representative.
5. The Developer is to employ a responsible design professional, preferably the engineer of record,
to oversee and inspect construction, to perform and/or observe all requisite testing of
completed facilities, and to certify that improvements have been constructed according to
approved plans and in compliance with applicable City, State, and Federal standards.
6. The engineer of record shall be held responsible to ensure that developments improvements
are in substantial compliance with said engineer's design. Following the construction of the
development's improvements, the Developers engineer shall provide the City of Caldwell
Engineering Department with electronic dwg. format record drawings spatially referenced to the
Idaho State Plane Coordinate System -West Zone, North America Datum (NAD) 83. Vertical
control shall be referenced to the North America Datum (NAVD) 88 for future reference and to
establish that the engineer of record has caused construction to occur in substantial compliance
with the design of said engineer of record.
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
7. Any note, item or drawing element on the construction drawings, engineering drawings and/or
design drawings related to the property inconsistent with City Codes, Policies and/or Ordinances
shall not be construed as approved unless specifically addressed and granted by City Council.. In
addition, all construction must be consistent with all current city codes, standards, and details at
the time of plan approval. If plan approval is achieved and construction has not commenced
within 1 year of approval, the City Engineer may require a new review of the plans to check for
consistency with current standards.
Street/Access
1. Applicant is currently proposing a main access to/from Franklin Road at the southwest corner of
the Subject Property (west of 211t Avenue), this access point is acceptable.
2. Applicant is proposing a secondary access to/from Franklin Road at the southeast corner of the
Subject Property (250' northeast of the Franklin/Commercial Way intersection). This access
point shall be restricted to a right -in, right -out only with the requirement of the Developer to
construct a City approved raised center median consistent with the right -in, right -out access
point. A west bound right-hand turn lane shall be constructed by the Developer to provide a
separate deceleration lane for the access point per City standards.
3. All access points to/from Franklin Road shall comply with applicable City of Caldwell access
standards.
4. All sidewalks, pedestrian ramps and driveway approaches, new or existing, within the public
right-of-way shall meet requirements specified in the United States Access Board's Proposed
Accessibility Guidelines for Pedestrian Facilities in the Public Right -of -Way, I.S.P.W.C. (2015
edition) and City of Caldwell Supplemental Specifications to the 2015 I.S.P.W.C.. When in
conflict the more restrictive specifications shall apply.
5. Developer shall work with the City to pursue an access point off the west side of the
development, through the adjacent property to 16th Ave, to provide improved circulation for the
site. The cost of construction for this access point located on an adjacent parcel is the
responsibility of the Developer to construct but may be covered by the project traffic mitigation
that is required. If the Developer is unable to acquire the Right-of-way necessary for this west
access point by donation or purchase, the Developer shall notify the City Engineering
Department and work with them toward resolution.
Traffic Mitigation
The following are the required traffic related mitigation measures for the Caldwell 23 Project
resulting from the traffic impact study pursuant to City Code Chapter 10, Article 10.
1. Provide a cross -access easement allowing use of approaches and cross -access of the site by both
onsite and adjacent development (where applicable).
2. This development shall be required to complete a traffic impact study because of the estimated
peak -hour trip generation for the residential and commercial components. Full residential is
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
estimated at 504 dwelling units and the commercial is estimated at 30,000 sf. Vehicle trip
estimates in the PM peak hour shall be 282 (504*0.56 (land use 220 residential)) vehicles for the
residential side and 352 vehicles ((5000*51.36/1000)+(25000*3.81/1000)) (land uses 934 drive
thru restaurant and 820 retail respectively). Total estimated vehicle trips in the PM peak hour
are 634 trips. When a Traffic Impact Study is completed for this proposed development, the
peak -hour trip generation estimated above shall be revised accordingly.
3. Community Planning Association of Southwest Idaho has computed the average trip length in
Canyon County to be 7.3 mi. Traffic impact mitigation should presumably occur at both trip ends
so Yz of the trip length should be attributed to each end. It is estimated that trips will encounter
a major intersection every half mile along any given path. The capacity of an average fully
improved intersection (assumed to be the intersection of a collector and an arterial road) is
estimated to be 5,080 vehicles/hour. The original Traffic Impact Analysis dictates the total traffic
mitigation for this entire development is 91% of a fully improved and signalized intersection.
This percentage represents the total capacity utilized from each intersection (once fully
improved and signalized) encountered by trips generated over the development's half of the
generated trip length.
a. The Owner/Developer/applicant shall design and construct roughly 91% of the
signalization improvements needed for an average intersection, as defined, at one or more
nearby (within 3.5 miles of the site) deficient locations to be determined by Engineering
staff. The Engineering staff shall have reasonable discretion to determine the sites of
construction and what design and construction equals roughly 91% of the signalization
improvements needed for an average intersection. Engineering staff can provide
information about applications with whose mitigation efforts the
Owner/Developer/applicant can combine to achieve even units of 100%.
1) The Owner/Developer/applicant may be allowed, at his option, to contribute monies in
lieu of construction to the City of Caldwell Roadway Trust Fund, but the basis for the
obligation is for construction. Monetary contributions must be made at a level
commensurate with costs to construct the same by the City and as estimated by the
City. This alternate provision for payment of money is not a requirement, is for the
benefit and convenience of the Owner/Developer/applicant only and does not
constitute an Impact Fee.
2) Improvements needed at and near the intersection of 16`h Avenue and Elgin Street for
connectivity to the site may be considered in lieu of some part or all traffic mitigation
requirements.
3) The average cost of intersection is estimated at $425,000 for procurement of design
services, construction, and associated costs by the City, of which 93% of that cost is
what needs to be covered by this development.
3. The Owner/Developer/applicant shall keep the City informed of and comply with any additional
requirements the City may have after review of the completed Traffic Impact Study and
guidelines or recommendations stated therein.
Caldwell 23 Development Agreement— CMP -20-02 and ZON-20-03
Water
1. As the site develops, all on site water mains intended for dedication to the City shall be looped
into existing mains for fire flow and water quality purposes. Appropriate easements for any such
dedicated water system shall be provided to the City for review and approval.
2. The location of fire hydrants, water service, including sizing of mains, providing of easements,
frontage construction, and offsite construction are to be decided during review of improvement
plans.
3. Each building/lot shall be supplied with potable water and shall have an individual water service.
If buildings are constructed to include individual units that could feasibly or will be sold
separately, each unit shall be serviced separately
4. Applicant is required to connect to the water mainline running north/south along the east
property line and paralleling 1-84. Connection to the mainline located in Franklin Road, west of
21St Avenue, is prohibited due to the lines being located within different pressure zones.
Sanitary Sewer
1. Sewer is available from a 12" main line located in Franklin Road along the subject properties
south property line.
2. As the site develops, it shall be the responsibility of the Developers engineer to verify that
connection to existing sewer mainlines will not exceed the functional capacity of said mainlines.
3. Each building/lot shall be supplied with sanitary sewer service and shall have an individual sewer
service. If buildings are constructed to include individual units that could feasibly or will be sold
separately, each unit shall be serviced separately.
Irrigation
1. The site shall construct and use a non -potable water irrigation system. A private system may be
permissible only if it meets all requirements of City Code. Any system constructed and dedicated
to the Caldwell Municipal irrigation District (CMID) shall comply with CMID specifications and
City Code.
Storm Drain
1. As noted previously, provision is to be made for the disposal of stormwater drainage in
accordance with the City Stormwater Management Manual and any updates adopted
subsequent to this application. A copy of this policy is available upon request. The engineer of
record is to provide calculations, which indicate that the assumptions in his stormwater
drainage plan comply with the requirements of the stormwater manual.
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
Fire
1. All requirements from the Fire Department for access, turnarounds, emergency access, water
supply, fire hydrants, etc. shall be met in the development and/or platting of the Subject
Property. Final approval of the location and number of fire hydrants within the development
shall be determined by the Fire Marshal and take place by phase at the time of submittal of
applicable construction drawings for each phase.
2.3 PLANNING
1. Development shall adhere to and contain the following standards and amenities respectively:
a. Meet density requirement of the R-3 zoning classification.
b. Streets shall be tree lined with tree variety and placement subject to approval by the
City Planning and Zoning Director.
c. Detached sidewalks required, where appropriate.
d. 4% minimum open space.
e. Fencing along all exterior classified streets, or other fencing consistent with Planning
and Zoning approvals.
f. Entryway designs approved by Planning and Zoning Director.
g. Pathways (Paved) approved by the Planning and Zoning Director.
h. Bermed and sloped landscape buffers where appropriate.
L Use landscape elements to add variety and differentiate units from one another.
k. Comply with the City of Caldwell Pathways and Bicycle Path Standards.
m. Platting is required prior to construction of the multi -family component of the
development.
Landscaping and Pathways
1. The development shall be required to comply with Article 7 Caldwell City Landscaping
Ordinance. As per Section 10-07-02(2) of City Code, landscaping should be required for this
project. City Code requires a 20 -foot wide street landscape buffer along Franklin Road, a minor
arterial. The applicant should be required to provide 1 Class II tree for every 35 feet of linear
frontage along Franklin Road and 1 shrub for every 7 linear feet of frontage along this street, as
well. Additionally, the applicant should be required to landscape the internal pathways, and
common areas as required by City Code.
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
2. In accordance with §10-07-10, a 15 -foot landscape buffer should be required for the northeast
boundary between the proposed project. A 20 -foot landscape buffer should be required for the
south and west boundaries between the development and the existing M1 properties and also a
15 -foot buffer along the east boundary between the residential and commercial use of the
adjacent property. The development entrances should minimally comply with §10-07-08 (1) G
and §10-07-07.
3. Phases shall be developed as shown on the site plan of approval.
4. Commercial land uses can't be changed to residential land uses unless approved by the City
Council.
Architectural Design Guidelines
1. Buildings shall be designed to meet the local zoning requirements for heights, setbacks, massing,
colors, and materials.
2. Modern Craftsman style architecture shall be employed throughout the housing component of
the development, blending the warmth and natural materials of traditional Craftsman homes
with clean lines and contemporary colors.
3. Architectural elements such as varied roof forms, articulation of the fa4ade, decorative
fenestrations, recessed planes, dormers, and balconies shall be incorporated into the design.
Large areas of flat, blank wall and lack of treatment are not acceptable.
4. Roof height, pitch, ridgelines, and roof materials should be varied to create visual interest. High
definition ridge or 30 -year architectural shingles with minimum 3/12 roof pitch shall constitute
the main roof fields, with metal or asphalt shingle roofing used on accent awnings, canopies,
and dormers.
5. All metal trim and flashing on and around roofs, as well as vents and other protrusions, shall be
colored to match the surrounding roof or fascia color or shall otherwise be black, with the intent
of making these features disappear into the surrounding roof to the greatest extent possible.
6. All gutters and downspouts shall be painted to match the surrounding fascia trim, the
underlying wall color, or a primary building accent color in the near vicinity.
7. High quality, durable siding and accent materials shall be used on all building elevations.
Variation in materials and colors is encouraged and shall be consistent with the overall
architectural style and theme. A minimum of three colors, not including the roof material and
window casings, shall be incorporated into each elevation.
8. All exterior windows and doors shall be trimmed with fascia boards not less than 1"X4" in
dimension, colored to accent the building and to provide visual interest.
9. Gable ends of buildings and building accent features shall include contrasting materials and/or
colors to offset these elements from the main corresponding exterior building wall.
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Caldwell 23 Development Agreement — CMP -20-02 and ZON-20-03
10. All gable end vents shall be attractive and used to accent the gable feature.
11. All roof eaves shall extend a minimum of 12" beyond the exterior side wall.
Covered Parking and Detached Garages
1. Should the Applicant desire to provide covered parking within this development, said structures
shall not encroach into any easements or rights-of-way provided to the City.
2. Covered parking canopies and detached garages shall be architecturally compatible with the
main buildings throughout the development, having consistency in color, materials, and design
intent of the buildings they serve.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owners of the Property agreeing to submit the Property to this Development
Agreement and to the provisions set forth in Idaho Code Section 67-6511A is incorporated herein by
reference.
ARTICLE IV
DEFAULT
4.1 In the event Developer fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Caldwell, Caldwell 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.
4.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs as the Court shall determine.
ARTICLE V
UNENFORCEABLE PROVISIONS
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 terminate and the zoning of the property shall revert to the City of
Caldwell's original land designations as set forth in the master plan, unless the portion of this instrument
determined to be invalid or unenforceable is re -negotiated in good faith between the applicant (or other
appropriate party) and Caldwell as an amendment to the Development processed in accordance with
the notice and hearing provisions of Idaho Code Section 67-6509.
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Caldwell 23 Development Agreement — CMP -20-02 and ZON-20-03
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Developer.
6.2 Each commitment and the restriction on the development shall be a burden on the Subject
Property, shall be appurtenant to and for the benefit of the Subject Property, adjacent property, and
other residential property near the Subject Property, and shall run with the land.
6.3 This Development Agreement shall be binding on the Developer and Owner, and their
respective heirs, administrators, executors, agents, legal representatives, successors, and assigns.
6.4 Any new or subsequent owner of the Subject 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 to the
Subject Property or any portion thereof.
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 the Idaho Code Section 67-6509.
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 neutral gender and the 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 Canyon 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 deliver, by mailing the same by registered or certified mail, return receipt
requested postage repaid, 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 hereinabove, or such other
addresses and to such other persons as the parties may hereafter designate. Any such notice shall be
deemed given upon receipt If by personal delivery, forty-eight (48) hours after deposit in the United
States mail, if send by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit
with a reputable overnight delivery service.
7.5 Representation by Counsel. All parties hereto have either: (i) been represented by separate
legal counsel; or (ii) have had the opportunity to be so represented. Thus, in all cases, the language
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Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
herein shall be construed simply and in accordance with its fair meaning and not strictly for or against a
party, regardless of which party prepared or caused the preparation of this Development Agreement.
7.6 Authority of Signatory. Each of the persons executing this Development Agreement on behalf of
the parties hereto warrant his or her authority to do so and to bind said represented party.
7.7 Effective Date. This Development Agreement shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the
date and year set forth hereinabove.
CITY"
THE CITY OF CALDWELL
Attest:
DEBBI GEYER, aldwell y Clerk
STATE OF IDAHO )
55.
COUNTY OF CANYON )
tbkk
By: GARRET NANCOLAS, Mayor
o'' Of CAI '•••,
V.,,c°ILPOP,T ',c
JAN 15 !
O•• 1890 • C
On thisI day of &f M(Y r . 2020, before me the undersigned, a Notary Public in
and for said State personally appeared GARRET NANCOLAS and DEBBIE GEYER, known or identified to
me to be the Mayor and City Clerk, respectively, of the City of Caldwell, Idaho, an Idaho municipal
corporation, that executed the said instrument, and acknowledged to me that such city 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.
SVM•.;; SAS NOT RI
a RY P 9ti.2 Residence:
MyCommi
raNnnSSaaN ;
SEAL i IryMet9
Caldwell 23 Development Agreement—CMP-20-02 and ZON-20-03
FOR
13
OWNER"
TPC ENTERPRISE HOLDINGS, LLC
4
By: Pacific West Communities, Inc., an Idaho corporation, its Manager
By: Caleb Roope, President/CEO
STATE OF A k O
J ) ss.
COUNTY OF A I
On this j_&_ day of NOUJ M i1' 2020 before me the undersigned, a Notary Public in
and for said State personally appeared W filo VMVL known or identified to me to be
the manager or a member of TPC Enterprise Holdings, LLC, thea Idaho limited liability company that
executed the instrument, or the person who executed the instrument on behalf of said limited liability
company, and acknowledged to me that such limited liability company 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 KATIE CALLEN
COMMISSION 885899
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 07/08/2021
14
Caldwell 23 Development Agreement— CMP -20-02 and ZON-20-03
CALDWELL 23
A MIXED USE COMMUNITY
CALDWELL, IDAHO
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OPEN SPACE
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ilDEWLIOI.-PM. ENT 6Y1PACIFIC
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Prelimirl sing Plan
CANAL
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RESIGEN AL
COMMERCIAL
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1 TYPICAL COMMERC Al
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CALDWELL 23
A MIXED USE COMMUNITY
CALDWELL, IDAHO 'A E
Exhibit A-13 Preliminary Phasing Plan s
OWRALL PROJECT
PARCUNUMEERS: R351O &R3514100000
EXISTING ZONING: M
PFOPOS )2ONMG: CA
TOT4 SITE AREA: 236 ACRES
MULTIFAMILY RES0INTML
RESIDENTIAL DENS M. 25 UNR9ACRE ALLO'NED
AP OXMATELY SJ UNIT}SHOWN
HUII K NEIGH 1 45'-0"
GOMMERCALAPPROXIMATELY 30.00 SF. 5IYJYM