HomeMy WebLinkAboutANN22-000006 Mandalay Ranch pathway DA draftDEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 1
October ________ , 2022 Mandalay Ranch pathway Development Agreement (ANN22-000006)
After Recording
Return to: Steve Fultz, Director Caldwell Planning and Zoning Dept. 621 Cleveland Blvd Caldwell, Idaho 83605
For Recording Purposes, Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
Mandalay Ranch pathway
This Development Agreement is made and entered into this this _____ day of October, 2022, by and
between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell,
Idaho 83605 (“City” or “Caldwell”), and Kimley Horn 849 E. State Street, Ste 104/103, Eagle, ID
83616( Owner/Developer”).
WHEREAS, Owner is the owner of record of certain real property (the “Subject Property”)
located in the City of Caldwell and, more particularly described as follows:
See Exhibit “A”, a legal description, attached hereto and incorporated
herein by this reference.
WHEREAS, the Subject Property (R34089010C, R34090010, R34089010B containing
approx. 1.74 acres) is the subject of an Application for Annexation by Owner /Developer, identified
as Application Number ANN22-000006, with a zoning designation of R-1 (Low Density Residential)
zoning; and
WHEREAS, it is the intent of this Development Agreement to protect the rights of
Owner’s/Developer’s use and enjoyment of the Subject 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 Subject Property is in a manner
consistent with Caldwell’s Comprehensive Plan and City Code; and
WHEREAS, Caldwell and Owner/Developer desire to set forth herein limitations and/or
conditions upon the use and future development of the Subject 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
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 2
Caldwell Comprehensive Plan;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, Owner/Developer and Caldwell agree as follows:
ARTICLE I
LEGAL AUTHORITY
Caldwell has previously adopted an ordinance to annex and designate zoning for the Subject
Property. The Owner/Developer has requested annexation and to develop the Subject Property as a
subject to the terms and conditions of this Development Agreement. This Development Agreement
shall be signed to meet the conditions of approval for the annexation and development requirements
as approved in the order of decision signed October _________, 2022 in connection with ANN22-000006.
ARTICLE II
CONDITIONS OF THE ANNEXATION AND DEVELOPMENT
The Subject Property shall be utilized in the fashion and according to the terms set forth in the
development application for ANN22-000006, to include the following conditions:
10.1 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.
10.2 A Development Agreement, as prepared by the planning and zoning department, shall be
approved by City Council in conjunction with the Annexation.
10.3 The Developer shall comply with the requirements of the City of Caldwell Engineering
Department requirements (Exhibit PA-2 attached hereto).
10.4 The developer shall maintain the property consistent with the City Code Chapter 7 Article 11
Nuisance Abatement; Appearance of Property requirements inclusive of weed maintenance,
debris/refuse, etc.
10.5 No residential building construction allowed on the subject parcels
City of Caldwell Engineering Comments and Conditions:
To: Emma Hill, Associate Planner
Alex Jones, Planner Technician
Caldwell P & Z Department
From: TJ Frans, Project Manager
Steven Pendleton, Plans Examiner II
Re: ANN22-000006 Mandalay Ranch Pathway Annexation
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 3
Date: June 9, 2022
The Engineering Department provides the following comments on A request for annexation of
approximately 1.74 acres inclusive of three strips of land, parcels R34089010C (0.59 ac) and
R34090010 (1.08 ac) R34089010B (0.07 ac) lying adjacent to Mandalay Ranch No. 1 and the
Mason Creek Drain with a zoning designation of “R1” (Low Density Residential). The applicant
is required to extend and complete the major pathway and landscaping from the current west
termination point to Middleton Road. The subject properties are located approximately
480 feet north of the intersection of Middleton and Hwy 20/26 on the west side of
Middleton Road.
Development Plans
1. Development Plans – Prior to commencing construction and applying for building
permits, plans must be prepared by the developer’s engineer and approved by the City
Engineering Department.
General
1. Applicant shall follow the requirements and processes of the subdivision ordinance for
the development of this project. For the purposes of this project, all conditions outlined in the
subdivision ordinance pertaining to receiving the City Engineers signature on, or the
recordation of, a final plat shall be applied to the submission of building permits.
2. Appropriate easements for emergency access, transmission lines and/or other utilities
shall be clearly indicated, with recorded instrument numbers provided for said easements, on
the construction drawings.
3. All utilities on and within the boundaries of the subdivision shall be located and/or
relocated underground.
4. Construction of facilities to be dedicated and/or within public right-of-way shall be
performed by an appropriately licensed public works contractor and shall be inspected by and
constructed to City of Caldwell specifications.
5. 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 (not
covered by City inspectors) and a log of inspection visits and testing results is to be kept by the
engineer of record or his representative.
6. 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
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 4
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.
7. The engineer of record shall be held responsible to ensure that subdivision
improvements are in compliance with said engineer’s design. Following the construction of
the subdivision 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.
8. Any note, item or drawing element on the plats, 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.
Floodway
1. No pathway, grading, landscaping, or surface improvements shall take place within the
Mason Creek Floodway.
2. Continuation of pathway from 11199 Red Mountain Street parcel (R3408911300) or
from parcel (R3408910100) where the storm pond is located to Middleton Road would be
acceptable. Pathway must remain outside floodway, hugging the property lines of 11123 Red
Mountain St. parcel (R3408910900) and 11109 Red Mountain Street parcel (R3408910800).
Modification of existing alignment will need to be provided and approved during plan review.
3. All Mason Creek floodway easements shall be clearly shown on all construction
documents submitted for review and approval.
Building Permits
1. Prior to submission of building permits, public utilities and infrastructure must be
completed or an appropriate construction security provided. A 50% temporary restriction
in the issuance of building permits will be enforced until all utility construction has been
completed, inspected, tested, approved by the City and certified by the Applicants engineer;
including completion all punch list items.
2. Applicant shall submit an electronic (dwg.) copy of the project site plan suitable for
mapping and addressing purposes no later than 30 days prior to submission of the first
building permit.
ARTICLE III
AFFIDAVIT OF SUBJECT PROPERTY OWNERS
An affidavit of the Owners of the Subject Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511A is
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 5
incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event Owner/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 Development Agreement found to be invalid or unenforceable is re-negotiated in
good faith between the parties (or other appropriate party or successor) as an amendment to the
Development processed in accordance with the notice and hearing provisions of Idaho Code Section
67-6509.
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 Owner/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 Owner/Developer, 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
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 6
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 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.
7.8 Recitals and Exhibits. All exhibits referred to herein and attached hereto and all Recitals hereto are incorporated into this Development Agreement as though restated in full herein.
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 7
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on
the date and year set forth hereinabove.
“CITY”
THE CITY OF CALDWELL
By: JAROM WAGONER, Mayor
Attest:
DEBBIE GEYER, Caldwell City Clerk
STATE OF ___________ )
) ss.
COUNTY OF ____________ )
On this _____ day of October, 2022, before me the undersigned, a Notary Public in and for said
State personally appeared JAROM WAGONER 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.
NOTARY PUBLIC FOR IDAHO
Residence: ___________________________
My Commission Expires: ____________
*SEAL
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 8
“OWNER/DEVELOPER”
Kimley Horn 849 E. State Street, Ste 104/103, Eagle, ID 83616
By
STATE OF ___________ )
) ss.
COUNTY OF ____________ )
On this _____ day of_______________________, 2022, before me the undersigned, a Notary Public in
and for said State personally appeared ________________________________________________, known or
identified to me to be the owner/developer referenced herein and the person who executed the
foregoing instrument.
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 PUBLIC FOR
Residence:
My Commission Expires:
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 9
Exhibit “A”
Annexation Legal Description
Property to be zone “R1” Low Density Residential
A parcel of land lying in a portion of the SE ¼ of Section 19, Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon
County Idaho, and more particularly described as follows:
COMMENCING at the SE Corner of the SE ¼ of said Section 19; from which the East ¼ Corner of said Section 19 bears N00°34’10”E,
2642.09 feet; thence N00°34’10”E, 454.30 feet along the easterly boundary line of said SE ¼ of Section 19 to the POINT OF BEGINNING;
thence continuing N00°34’10”E, 68.64 feet along said easterly boundary line; thence N75°02’49”W, 206.68 feet: thence N67°24’00”W,
141.43 feet; thence N63°29’26”W, 202.64; thence N77°39’45”W, 162.55 feet; thence N89°29’10”W, 149.93 feet; thence N86°28’56”W,
164.99 feet; thence N89°08’16”W, 331.62 feet; thence S00°34’57”W, 55.00 feet to a point on the centerline of Mason Creek; thence
along said centerline as follows: S89°08’16”E, 330.08 feet; thence S86°28’56”E, 165.16 feet; thence S89°29’10”E, 145.68 feet; thence
S77°39’45”E, 150.02 feet; thence S63°29’26”E, 197.68 feet; thence S67°24’00”E, 146.98 feet; thence S75°02’49”E, 183.17 feet to the
westerly right-of-way of Middleton Road; thence S00°34’10”W, 21.17 feet along said westerly right-of-way; thence S89°25’50”E, 40.00
feet to the POINT OF BEGINNING. Contains 1.73 acres, more or less.
DEVELOPMENT AGREEMENT (MANDALAY RANCH PATHWAY ANN) – PAGE 10
EXHIBIT “PA 1”
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EXHIBIT PA-4
AERIAL WITH PARCEL NOS.
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Exhibit “A10”
Annexation Area Surveys and Metes and Bounds Descriptions
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Exhibit “A2”
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EXHIBIT “A8”
Proposed Pathway and Landscape Plan
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