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HomeMy WebLinkAboutFast Trac Dev Ag CC ODDecember 11, 2006 Fast Trac Development Agreement (ZON-48-06) 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 Fast Trac Development This Development Agreement made and entered into this ___ day of _____________, 2006, by and between the City of Caldwell, a municipal corporation in the State of Idaho (“Caldwell”), by and through its Mayor, and Fast Trac Development, LLC (“Owner” and “Applicant”). WHEREAS, the Owner of record holds certain real estate (“Property”) and hereby authorizes the Applicant to enter into this agreement with respect to said 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; and WHEREAS, the Property is the subject of an application for rezone identified as Application Number ZON-48-06; and WHEREAS, the Applicant intends any development of the Property will be as a C-2 (Community Commercial) development; and WHEREAS, the property is currently zoned R-3 (Multi-family High Density Residential); and WHEREAS, the Applicant is seeking to rezone the Property to C-2 (Community Commercial); and WHEREAS, it is the intent of this Development Agreement to protect the rights of the Applicant’s use and enjoyment of the Property, while at the same time limiting any adverse impacts resulting from the rezone of this property upon neighboring properties and the community and ensuring that any development of the Property is in a manner consistent with Caldwell’s Comprehensive Plan and City Code; and WHEREAS, Caldwell and Applicant desire to set forth herein limitations and/or conditions upon the use and development of the Property; and 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 rezone is subject to a development agreement; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, Applicant and Caldwell agree as follows: ARTICLE I LEGAL AUTHORITY 1.1 Caldwell will adopt an ordinance to rezone the Property subject to the provisions of this Development Agreement and provided the Applicant is the owner of the Property. This Development Agreement shall be signed before an affirmative Order of Decision by the Mayor and City Council permitting the rezone 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 2.1 The Property shall be utilized in the fashion and according to the terms set forth in the development application ZON-48-06 to include the following conditions: All development applications for the Property must meet all requirements of the Caldwell City Code and Caldwell Zoning Ordinance in effect at the time of application. If the City of Caldwell has established a design review process at the time of submittal of development application(s) for the Property, the Applicant will be required to go through the design review process. In the event the Property’s legal description is discovered to be in error, the Applicant will be responsible for assuming the measures necessary to provide the City with an accurate legal description. Planned and future development shall be consistent with the City of Caldwell’s Comprehensive Plan. Any flexibility granted shall be consistent with the interests of the City of Caldwell and in substantial compliance with said Plan. In accordance with City Code, development will require the construction of street side improvements in any public right-of-way adjacent to the subject property to include curb, gutter, sidewalk, sub-base, asphalt paving, storm drainage facilities, street lights and water mains. These street improvement features will be required to be incorporated into the design and construction of all streets located within the development. The applicant shall construct sidewalk along the entire North 11th Avenue frontage to City Code standards and specifications. The applicant shall construct a pedestrian ramp on the southwest corner of 11th Avenue and Freeport Street to City Code standards and specifications. The proposed access point on North 11th Avenue shall be constructed to City Code standards and specifications. All roadways, planned and future, shall be built to Caldwell City standards and dedicated for public purpose. Public roadway improvements shall include curb, gutter, sidewalk, sub-base and asphalt paving, storm drainage facilities, streetlights, and water mains. These street improvement features shall be incorporated into the development as it is developed and shall be constructed by an appropriately-licensed public works contractor. If specifications to the current street section schedule requirements have been changed by the time of development application, the Applicant shall be required to adhere to the more stringent requirements at time of development. Any non classified-street, planned or future, shall be constructed within a minimum fifty-six (56) foot right-of-way consistent with the City of Caldwell Subdivision Ordinance or a fifty-one (51) foot right-of-way consistent with City standards for a planned unit development. The streets shall be constructed at a width of 37 feet to back of curb and shall feature standard rolled curb, gutter, 4- foot wide sidewalks, sub-base and asphalt paving, required storm drainage facilities and streetlights. All development shall comply with ACHD Intersection and driveway spacing requirements (Sec 7204) adopted by the City of Caldwell. Any development will require the Applicant to comply with Idaho State Statute 49-221 regarding clear sight at intersections within and adjacent to the development and other applicable standards. Any development will require the Applicant to meet all requirements set forth in the City of Caldwell Zoning Ordinance (2500, 5-17-2004). Any development will require the Applicant to meet all requirements set forth in the City’s Landscaping Ordinance No. 2428 and Tree Ordinance No. 2437. The Applicant will maintain the site in keeping with the City’s nuisance abatement program until such time as the development is complete. This maintenance will include the semi-annual mowing of all weeds within the subdivision boundaries and the removal of noxious weeds when they are identified. The developer will apply all appropriate dust abatement procedures as part of the construction process. At the time of development the Applicant will post and maintain a “Rules and Regulations” sign at the entryways to the project 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. The Applicant shall identify and retain all historical drainage discharge points from the Property for the purpose of draining on site storm water detention facilities if development occurs. All development will require compliance with the City of Caldwell Storm Water Management Manual. On site detention facilities shall be required for management of site storm water for development except as provided for under said Manual. All development will require the applicant to connect to the City of Caldwell Municipal Sewer System and comply with any applicable sewer study in the construction of adjacent sewer facilities. Development will require the Applicant to extend sewer to the subject property and connect to City services. A public utility easement not less than 20 feet in width shall be provided for any sewer lines not in the public right-of-way and 30 feet in width for adjacent sewer and water lines. All development will require the Applicant to connect to the City of Caldwell Municipal Water System and comply with the City of Caldwell Water Master Study. Irrigation water for the Property shall be obtained from the appropriate Government Irrigation Provider and/or groundwater sources, per the Landscape Ordinance Section 10-07-12. If development occurs, pressure irrigation facilities shall be provided consistent with City and Government Irrigation Provider specifications and dedicated to the applicable government irrigation provider. Said Government Irrigation provider shall operate pressurized irrigation facilities for the site. Any water rights on the Property as of the date of this agreement, excepting those held in trust by a government irrigation district, shall not be sold, otherwise transferred to other parties or abandoned, but shall be transferred to the City of Caldwell for both irrigation and domestic water supply for the Property if development occurs. The City of Caldwell will be responsible for registering the transfer. The Applicant shall perpetuate and not impede any upstream or downstream drainage water or supply water rights. If development occurs the Applicant agrees to participate in any Development Master Plan designed for the area in which the Property is located in accordance with the provisions of Caldwell Subdivision Ordinance No. 1758, Article 2, Section 11-02-03, including planning for water and sewer connections for the development as well as accessibility of these utilities to adjacent properties. All development shall be subject to the laws and requirements of State and City Code and any and all City Ordinances in place at the time of development. The above development agreement conditions are in addition to the regulations provided for in the zoning district. The Findings of Fact, Conclusions of Law and Order of Decision for the rezone of the subject property are hereby made a part of this development agreement. In the event there is a discrepancy or conflict, the strictest condition will apply. Construction of frontage improvements shall be required at the time of development and shall be built to the most strict of the specifications in effect at the time of development or as stipulated herein. Owner hereby voluntarily, knowingly and intentionally waives the rights and privileges set out in Idaho Code 67-6511(d) that might prohibit the City from rezoning the property over Owner’s objection within four (4) years after granting the zone designation(s) sought in this current Application Number ZON-49-06. ARTICLE III AFFIDAVIT OF PROPERTY OWNERS 3.1 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 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 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 5.1 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 Applicant. 6.2 Each commitment and the restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. 6.3 This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement, and such obligations shall be automatically adopted by the buyer of the same. 6.4 The new owner of the 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 Property or 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 below: Caldwell: Community Development P.O. Box 1177 Caldwell, Idaho 83605 Phone: 455 - 3021 Fax: 455 - 3050 Owner/Applicant: Fast Trac Development, LLC 1735 W. Franklin Rd. Meridian, ID 83642 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 sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 7.5 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 WEREOF, the parties have executed this Development Agreement. DATED this ____ day of _________________, 2006 CALDWELL: CITY OF CALDWELL, a municipal corporation organized and existing under the laws of the State of Idaho By:_________________________, Mayor ATTEST: _____________________________, City Clerk DATED this ____ day of _________________, 2006 STATE OF IDAHO ) : ss. County of Canyon ) On this ____ day of __________________, 2006, before the undersigned notary public in and for the said state, personally appeared Garret L. Nancolas, known or identified to me to be the Mayor of the City of Caldwell and the person who executed the foregoing instrument on behalf of said City and Acknowledged to me that said 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:_______________ OWNER/APPLICANT: Fast Trac Development, LLC By:__________________________ Its:__________________________ STATE OF IDAHO ) : ss. County of Canyon ) On this ____ day of __________________, 2006, before the undersigned notary public in and for the said state, personally appeared _____________________________, known or identified to me to be the property owners referenced herein and the persons who executed the foregoing instrument on behalf of Fast Trac Development, LLC. 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:_______________