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HomeMy WebLinkAboutZON-18-01 Dover Place DA (2)DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 1 July 16, 2018 Dover Place Development Agreement (ZON-18-01) Recording requested by: City of Caldwell Community Development P.O. Box 1177 Caldwell, Idaho 83605 For Recording Purposes, Do Not Write Above This Line DEVELOPMENT AGREEMENT Dover Place Rezone This Development Agreement is made and entered into this ___ day of _______________, 2018, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), and COREY BARTON of 1977 E. Overland Road, Meridian, Idaho (“Owner”), and CHALLENGER DEVELOPMENT, LLC of 1977 E. Overland Road, Meridian, Idaho, 83642 (“Developer”). WHEREAS, Owner is the owner of record of certain real property (the “subject property”) located within the City limits and 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 Developer, identified as Application Number ZON-18-01; and WHEREAS, the property is currently zoned by the City of Caldwell as R-1 (Low Density Residential); and WHEREAS, the property is proposed to be rezoned to R-2 (Medium Density Residential); 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, Developer, and Owner desire to set forth herein limitations and/or DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 2 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; WHEREAS, the new zoning designation requested by Owner with respect to the Subject Property, if granted by the City, will only be granted upon execution of this Development Agreement; 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 will adopt an ordinance to rezone 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 rezoning designation will be signed into effect by the Mayor. The ordinance will become effective after its passage, approval, and publication. ARTICLE II CONDITIONS OF THE REZONE The Subject Property shall be utilized in the fashion and according to the terms set forth in the development application ZON-18-01, to include the following conditions: 1. All future development applications for the Subject Property must meet all requirements of the Caldwell City Code in effect at the time of application. 2. 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 annexation development agreement or in the Order of Decision for a preliminary plat. 3. In the event the Subject Property’s legal description is discovered to be in error, the 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 Dover Place Subdivision shall be in substantial compliance with the submitted preliminary plat and site plan (See Exhibit A-3) DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 3 of Case File Exhibit SUB-18P-01. Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit, shall require City Council approval, through a public hearing. 5. Installation and construction of all items shown on the submitted landscaping plan shall be in substantial compliance with the submitted Case File Exhibit A-12 and shall take place applicable to the phase in which each item is located and prior to signature on the final plat applicable to each platted phase. In addition, there shall be a 5-foot wide paved pathway extending the entire length of Lot 4 Block 1 and Lot 13 Block 2 to provide connectivity, with a 7-foot wide grass landscape buffer on either side with a minimum of 3 Class II trees. 6. Comply with the requirements of all applicable agencies, including but not limited to Pioneer Irrigation District, City of Caldwell Engineering Department, City of Caldwell Fire Department, and Canyon Highway District No. 4. 7. 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. 8. Dedicate public right-of-way for Ward Road, Skyway Street, and all interior local streets as determined by the City Engineering Department. Right-of-way shall be dedicated at time of future development or within 90 days upon written request from the City Engineer, whichever occurs earlier. 9. Construct Ward Road, Skyway Street, and all interior local streets as determined by the City Engineering Department. 10. 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. 11. The applicant shall 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. 12. The above Development Agreement conditions are in addition to all other regulations provided for in the zoning district. DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 4 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 and/or Owner 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. 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 and/or Owner. 6.2 Each commitment and the restriction on the development shall be a burden on the DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 5 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 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 (DOVER PLACE) – PAGE 6 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. DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 7 “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 _______________, 2018, 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. __________________________________ NOTARY PUBLIC FOR IDAHO Residence: _________________________ My Commission Expires: _____________ *SEAL DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 8 “OWNER” Corey Barton __________________________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2018, before me the undersigned, a Notary Public in and for said State personally appeared before me __________________________, known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he/she/they 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 _____________ Residence: _________________________ My Commission Expires: _____________ *SEAL DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 9 “DEVELOPER” CHALLENGER DEVELOPMENT, LLC ______________________________________________________ By: __________________________________________________ Its: __________________________________________________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2018, before me the undersigned, a Notary Public in and for said State personally appeared __________________________, known or identified to me to be the manager or a member of CHALLENGER DEVELOPMENT, LLC, the 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. __________________________________ NOTARY PUBLIC FOR _____________ Residence: _________________________ My Commission Expires: _____________ *SEAL DEVELOPMENT AGREEMENT (DOVER PLACE) – PAGE 10 Exhibit “A” A parcel of land situated in the SE ¼ NW ¼ of Section 30, Township 4 North, Range 2 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, and being more particularly described as follows: BEGINNING at the Center ¼ Corner of Section 30, which bears S89°46'40”E, 2605.87 feet from the West ¼ Corner; thence N89°46'40''W, 593.13 feet along the south line of the SE ¼ NW ¼ of said Section 30: thence N00°11'49"E, 1325.96 feet along the east boundary of Delaware Park Subdivision No.2 Unit No.1 at the Colonies (Book 37 of Plats at Page 13, records of Canyon County, Idaho), and the southerly extension thereof, to the north line of said SE ¼ NW ¼; thence S89°48'29”E, 597.22 feet along said north line of the SE ¼ NW ¼ to the CN 1/16 section corner; thence S00°22'26''W, 1326.29 feet along the east line of said SE ¼ NW ¼ to the POINT OF BEGINNING. This parcel contains 18.12 acres, more or less.