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HomeMy WebLinkAboutZON-18-08 Global Tractor DAOctober 29, 2018 Global Tractor Development Agreement (ZON-18-08) 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 Global Tractor 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 FIFTH AVENUE ARCH LLC of P.O. Box 1219, Caldwell, Idaho (“Owner”). 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 identified as Application Number ZON-18-08; and WHEREAS, the property is currently zoned by the City of Caldwell as A-D (Airport District); and WHEREAS, the property is proposed to be rezoned to M-1 (Light Industrial); 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; 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 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-18-08, 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. All requirements of federal, state and local laws, rules and regulations in place at the date of submittal of any applications shall be adhered to in development of the subject property. 5. Install a 15-foot wide landscape buffer along Aviation Way abutting the site (which equates to approximately 570 feet in length). The landscape buffer shall contain a minimum of 16 Class II trees and 80 shrubs and shall contain sod grass so that a minimum of 75% of the area is covered with sod grass. The property owner has the option to enter into a deferral agreement for these improvements in lieu of immediate construction. 6. Enter into a deferral agreement for the completion/construction of the Aviation Way road section (street widening, sidewalk, curb, gutter, etc), also including street lighting & storm drainage improvements in accordance with City of Caldwell Supplemental Specifications. 7. Truck and Tractor Repair and Service shall be the only outright allowed use for the property. All other uses listed as Permitted (P) in the Land Use Schedule for the M-1 (Light Industrial) zone shall be listed as Special-Use (S) and shall require approval through the Special-Use Permit process. 8. The above Development Agreement conditions are in addition to all other regulations provided for in the zoning district. 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 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 Owner. 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, 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. 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 ______________________________________ 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 “OWNER” FIFTH AVENUE ARCH 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 FIFTH AVENUE ARCH 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 Exhibit “A” A parcel of land situation in the SW ¼ of Section 31, Township 4 North, Range 2 West, Boise Meridian, Canyon County, Idaho, being a portion of Lots 1 and 2 of LONGVIEW PLACE SUBDIVISION according to the official plat thereof recorded in Book 1 of Plats, Page 26, Canyon County Records, more particularly described as follows: COMMENCING at the SW corner of said Section 31; thence North 89°30’46” East, 784.75 feet along the South boundary of said SW ¼ to a point on the centerline of the Caldwell Drain; thence North 23°07’02” West, 47.40 feet along said centerline to a point on the right-a-way line of Interstate 80 North (84); thence along the Southerly line of the Parcel of land as described in Instrument No. 9702484, Canyon County Records the following courses: North 87°24’13” West, 61.97 feet to the Southwesterly line of that certain 35.00 foot wide Permanent Easement as shown on improvement plans of FAP No. I-80N-I-(42)28, Sheet 31 of 49, on file in the office of the Idaho Transportation Department, Boise, Idaho, lying adjacent to and Northeasterly of FRONTAGE ROAD NO. 2 (Aviation Way); thence continuing along said Southerly line and the above-described Southwesterly easement line through the following courses: North 00°29’14” West, 16.92 feet to the beginning of a tangent curve; thence Northwesterly along said curve to the left having a radius of 102.00 feet, an arc length of 160.22 feet, a central angle of 90°00’00”, a chord bearing and distance of North 45°29’14” West, 144.25 feet; thence tangent from said curves, South 89°30’46” West, 85.58 feet; thence leaving said Southerly line and easement line, North 44°13’35” West, 48.44 feet to the Northeasterly line of the above described 35.00 foot wide Permanent Easement and the POINT OF BEGINNING; thence along said Northeasterly line through the following courses: South 89°30’46” West, 119.89 feet to a point on the non-tangent curve; thence Northwesterly along said curve to the right having a radius of 235.00 feet, and arc length of 88.11 feet, a central angle of 21°28’57”, and a chord bearing and distance of North 62°58’13” West, 87.60 feet; thence tangent from said curve, North 52°13’44” West, 165.28 feet to the beginning of a tangent curve; thence Northwesterly along said curve to the right having a radius of 235.00 feet, an arc length of 214.92 feet a central angle of 52° 23’ 56”, and a chord bearing and distance of North 26° 01’ 48” West, 207.50 feet; thence, leaving said Northeasterly line, North 45°46’25” East, 72.98 feet; thence South 44°13’35” East, 526.63 feet to the POINT OF BEGINNING. Containing 1.31 acres, more or less.