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HomeMy WebLinkAboutDAA-19-01 (Urban Renewal Termination)Recording requested by: City of Caldwell Planning and Zoning Dept. P.O. Box 1179 Caldwell, Idaho 83606 R35307010000 _____________________________________________________________________ For Recording Purposes Do Not Write Above This Line Termination of Development Agreement This Termination to a Development Agreement is made and entered into this _______day of ___________________, 2019, by and between the CITY OF CALDWELL, a municipal corporation in the State of Idaho (“City”), by and through its Mayor, and URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL IDAHO (Applicant); WHEREAS, the Applicant holds title to certain real estate (“Property”) located in the City and more particularly described as follows: See Exhibit “A”, a legal description, attached hereto and incorporated herein by this reference; and WHEREAS, Property is identified as R3530701000 as tax parcel number for Canyon County; and WHEREAS, the Property was subject of an application for rezone identified as Case Number ZON-58-08; and WHEREAS, the property is currently zoned by the City of Caldwell as M-1 (Light Industrial); and WHEREAS, the property is currently classified as Industrial on the Caldwell Comprehensive Plan Map; and WHEREAS, Caldwell and Applicant desires to terminate the development agreement that was approved as part of Case Number ZON-58-08 and recorded as Instrument Number 2008051187; along with any amendments thereafter; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, Applicant and Caldwell agree as follows: ARTICLE I LEGAL AUTHORITY An executed Development Agreement (“Executed Agreement”) recorded as Instrument No. 2008051187 provides for amendments and alterations to said Development Agreement as approved by City Council following the amendment/alteration process outlined in said Development Agreement. ARTICLE II CONDITIONS OF THE TERMINATION 1. All conditions and/or requirements of the original Development Agreement for Parcel R3530701000, recorded as Instrument Number 2008051187 shall become null and void upon recordation of this termination agreement. 2. This termination agreement shall not alleviate the Applicant, or their future heirs or designees, from complying with current Caldwell City Code requirements in effect at the time of submittal of any building permit or other city applications. ARTICLE III AFFIDAVIT OF PROPERTY OWNERS An affidavit of the Owners of the Property agreeing to submit the Property to this Termination 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 the Applicant 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 Termination. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Termination, 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 Termination, including attorneys’ fees and court costs as the Court shall determine. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any provision of this Termination or the application of any provision of this Termination to a particular situation is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be disregarded and this Termination shall continue in effect. However, if such provision is not severable from the balance of the Termination so that the mutually dependent rights and obligations of the parties remain materially unaffected, this Termination shall become void unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Owner/Applicant/Developer and the City as an amendment to the Termination to the Development Agreement 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 Termination shall be recorded in the Office of the County Recorder by the City Clerk. 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 Termination Agreement shall be binding on the 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 Termination. Any alteration or change to this Termination shall be made only after complying with the notice and hearing provisions of the Idaho Code Section 67-6509. 7.2 Paragraph Headings. This Termination 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 Termination. As used in this Termination, 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 Termination Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Termination. Any action brought in connection with this Termination 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 Termination Agreement. 7.6 Authority of Signatory. Each of the persons executing this Termination 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 Termination Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Termination Agreement. IN WITNESS WHEREOF, the parties have executed this Termination Agreement on the date and year set forth hereinabove. “CITY” THE CITY OF CALDWELL __________________________________ By: GARRET NANCOLAS, Mayor Attest: _____________________________ DEBBIE GEYER, Caldwell City Clerk STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this ____ day of __________________, 2019, 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 seal the day and year first above written. ____________________________________ NOTARY PUBLIC FOR IDAHO Residing at:__________________________ My Commission Expires:_______________ “APPLICANT” URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL By: ROB HOPPER Its: Chairman STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this _____ day of _______________, 2019, before me the undersigned, a Notary Public in and for said State personally appeared ROB HOPPER, known or identified to me to be the chairman of the Urban Renewal Agency of the City of Caldwell, and acknowledged to me that he executed the same as such Chair. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ____________________________________ NOTARY PUBLIC FOR IDAHO Residing at:__________________________ My Commission Expires:_______________ EXHIBIT “A” A parcel of land located in the South half of the Northeast Quarter of the Northwest Quarter of Section 25, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, being more particularly described as follows: COMMENCING at the NE corner of the NW ¼ (North ¼ Corner) of Section 25; thence S89°49'32"W, 1328.86 feet coincident with the Northerly line of said Section 25 to the NW corner of the NE ¼ NW ¼ (West 1/16 corner) of said Section 25; thence S00°34'05"W (formerly described as S00°34'06"W), 661.38 feet coincident with the Westerly line of said NE ¼ NW ¼ of Section 25 to the NW corner of the S ½ NE ¼ NW ¼ and the POINT OF BEGINNING; thence continuing S00°34'05"W, 661.38 feet coincident with said Westerly line of the NE ¼ NW ¼ of Section 25 to the SW corner of the S ½ NE ¼ NW ¼ (CW 1/16 corner); thence N89°42'59"E, 1326.12 feet coincident with the Southerly line of said NE ¼ NW ¼ of Section 25 to the SE corner of said S ½ NE ¼ NW ¼ (CN 1/16 corner) and the Westerly right-of-way of Smeed Parkway; thence N00°41'19"E, 575.14 feet coincident with the Easterly line of said NE ¼ NW ¼ of Section 25 and said Westerly right-of-way to the beginning of a tangent curve to the left; thence along the arc of said curve to the left coincident with said Westerly right-of-way, an arc distance of 85.00 feet, said curve having a radius of 1960.00 feet, a central angle of 02°29'05", and a chord bearing of N00°33'14"W, 84.99 feet to a point of non­tangency; thence S89°46'16"W, 1325.65 feet coincident with the Northerly line of said S ½ NE ¼ NW ¼ of Section 25 to the POINT OF BEGINNING. Containing 20.12 acres, more or less.