HomeMy WebLinkAboutDA ANN21-000018 SUB21-000048 HUNTINGTON RIDGE WESTDEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 1
June ____________ , 2022 Huntington Ridge West Subdivision Development Agreement (ANN21-000018 SUB21-000048)
After Recording
Return to: Jerome Mapp, Director Caldwell Planning and Zoning Dept. 621 Cleveland Blvd Caldwell, Idaho 83605
For Recording Purposes, Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
HUNTINGTON RIDGE WEST PUD SUBDIVISION
This Development Agreement is made and entered into this 6th day of June, 2022, by and between
the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho
83605 (“City” or “Caldwell”), Mitchell Bicandi, 23955 Wagner Road, Caldwell, Idaho 83607 (“Owner
”), and Tim Mokwa, Hayden Homes LLC. 1406 N Main Street, STE. 114, Meridian, ID, 83642
(“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 Huntington Ridge West [R34804, R3480401000,
R3480300000, R3479201000, R3479801100] consisting of approximately 30.43 acres is the
subject of Application for Annexations and Subdivision submitted by Owner / Developer, identified
as Application Number ANN21-000021 SUB21-000048 with a zoning designation of R-1 (Low
Density Residential); 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 (HUNTINGTON RIDGE WEST SUBDIVISION) – 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 preliminary plat requirements
as approved in the order of decision signed June 20, 2022 in connection with ANN21-000021 SUB21-
000048
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 ANN21-000018 SUB21-000048, 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. If the City of Caldwell has established a design review process at the time of submittal of
development application(s) for the Subject Property, the Owner/Developer will be required to
go through the design review process.
3. In the event the Subject Property’s legal description is discovered to be in error, the Developer
and/or Owner will be responsible for assuming the measures necessary to provide the City with
an accurate legal description of the Subject Property.
4. In the event that any provisions of this agreement are more or less strict than the City Code or
other law or regulations in place at the time of development, the more stringent requirements
shall apply.
5. The Development Agreement conditions herein are in addition to all other regulations provided
for in the zoning district.
6. 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.
7. The development, design, and construction of Huntington Ridge West shall be in substantial
compliance with the submitted preliminary plat of Case File ANN21-000021 SUB21-000048
(Exhibit A3) attached hereto). Any substantial deviations, as determined by the Planning &
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 3
Zoning Director, from said Exhibit A3 shall require City Council approval through a public
hearing.
8. The development shall comply with the requirements of the City Engineering Department as
listed in Case File Exhibit PA-3 or as amended. The City Engineer has the discretion to reduce or
eliminate certain requirements stated that he finds pertinent to the request.
9. The development, design, and construction of Huntington Ridge West shall be in substantial
compliance with the submitted landscape plan of Case File ANN21-000018 SUB21-000048 as
amended to meet ordinance requirements (Exhibit A8 attached hereto). Any substantial
deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit A8
shall require City Council approval through a public hearing.
10. Install a minimum 15-foot wide landscape buffer along Lincoln Road, a classified minor arterial
outside of the dedicated public rights-of-way. The landscape buffer shall contain a minimum of
one Class II tree/35 feet of frontage and one shrub/seven (7) feet of frontage. The
developer/HOA shall be responsible for installation and maintenance of landscaping inclusive
of the street landscape buffer and the right-of-way back of curb.
11. The street landscape buffers shall contain a mixture of trees (deciduous and evergreen),
shrubs, lawn, vegetative and non-vegetative ground cover so that the entire buffer area is
covered. A minimum of seventy percent (70%) of the buffer area shall be covered with a turf-
type grass. For new plantings, grass sod installation is required. Seeding, hydro-seeding, or
similar methods shall not be allowed and the plant sizes shall meet or exceed the minimum
plant sizes as set forth in §10-07-04 (6) as follows:
Evergreen trees 6 to 7 foot height
minimum
Ornamental trees 2 inch caliper minimum
Shade trees 2 inch caliper minimum
Woody shrubs 2 gallon pot minimum
12. 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.
13. 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.
14. 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
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 4
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.
15. Construction and landscaping of the proposed paved pathways shall be in substantial
compliance with the submitted landscape plan or as amended to meet City Landscape Code
requirements (see Exhibit A8) and the Bike and Pedestrian Master Plan pathway requirements.
The major pathway located along the Caldwell Lowline Canal shall be ten (10’) in width with
landscaping along both sides.
16. All areas designed for future development or expansion or not intended for immediate
improvement shall be landscaped or otherwise maintained in a neat and orderly manner.
17. “No Parking” signs shall be installed on common drive aisles and for alley ways.
18. Parking for the commercial uses shall be behind the structure not on the Ustick Road frontage
side of the building.
19. The mirco-pathways that intersect with Lincoln Road shall be designed for emergency access on
Rodney Way and Stargle Place
20. A plat shall include a show stub connection for the extension of Stallworth from the west
development to the east development and this road can be unimproved and will need to meet
the dimensions of a public roadway for future development, and can be fenced.
21. All properties along the Western boundary of the development must be single story homes.
22. Development shall comply with the requirements of the City Engineering Department as listed
in Case File Exhibit PA1 or as amended:
Re: ANN21-000021 SUB21-000048 Huntington Ridge West Subdivision
Date: February 15, 2022
The Engineering Department provides the following comments on a request by Hayden
Homes to annex 29.51 acre with an R1 (Low Density Residential), designated Low Density
Residential in the Comprehensive Plan. Concurrently requesting a preliminary plat on
30.43 acres, Huntington Ridge West Subdivision, consisting of 99 total lots, including 86
buildable and 13 common lots. The Subdivision is proposed to be constructed in two
phases. The subject property is located at 2909 Lincoln Road, parcel numbers R34804,
R3480401000, R3480300000, R3479201000, R3479801100, Caldwell, Idaho.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 5
Development Plans
1. Development Plans – Prior to commencing construction, plans must be prepared by the
developer’s engineer and approved by the City Engineering Department which shall
include the following items:
a. Street section and alignment (including curb and gutter);
b. Sidewalk (sidewalk width based on street classification);
c. Sanitary sewer (per City and DEQ requirements);
d. Potable water (per City and DEQ requirements);
e. Stormwater facilities (per City requirements/storm water manual);
f. Street lighting (per City standards);
g. Street signage (per City and MUTCD requirements);
h. Vertical Datum based on NAVD 88 Datum.
General
1. Easements for Public Utilities shall be 10 feet wide minimum along all front & rear lot
lines. A minimum10 feet wide easement (or larger if deemed necessary by the City
Engineer in order to facilitate future maintenance operations of utilities) may be
required along select interior lot lines to facilitate pressure irrigation or other utilities.
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 face of the final plat (visually and in writing). Existing easements shall
be shown on all construction drawings.
3. All utilities on and within the boundaries of the subdivision shall be located and/or
relocated underground.
4. All street, sewer, water, fire protection, and street light facilities must be dedicated to
the City. Some conveyance facilities for stormwater drainage may be eligible for
dedication to the City.
5. 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.
6. 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.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 6
7. 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 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.
8. The engineer of record shall be held responsible to ensure that subdivision
improvements are in substantial 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.
9. 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.
Rights-of-Way
1. Lincoln Road is classified as a Minor Arterial. The applicant shall dedicate as public
right-of-way a minimum thirty-four (34) foot half width right-of-way (from
centerline) along the entire Homedale Road alignment (per City Standard R-810 B).
This is reduced from 40 feet because a six (6) foot road centerline offset to the south
is required to avoid the overhead power poles on the north side of Lincoln Road.
2. A thirty-five (35) foot offset west form the Florida alignment section line may be
required to provide existing and future access to established residences and future
development to the north. This requirement is contingent on the ability of
Huntington Ridge East to solidify a new proposed alignment for Florida Ave
approximately +/- 500 feet further east of the original alignment. Staff will work with
the developer to make sure this obligation is met.
3. All interior local streets classified as residential shall be dedicated to the City. The
applicant shall dedicate as public right-of-way a minimum fifty-three (53) foot full
width right-of-way (per City Standard R-810 E).
4. A note shall be placed on the Final Plat indicating that all rights-of-way are to be
dedicated to the public.
Street
1. Full frontage half street improvements shall be completed to all classified roads
adjacent to the proposed preliminary plat (including Lincoln Road) in accordance
with all City of Caldwell standards and specifications. Improvements shall include
(but are not limited to) curb, gutter, sidewalk, asphalt, streetlights, joint trench, spare
communication conduit along classified roadways, storm drainage facilities, etc.
2. All private driveways and fire access lanes shall fully comply with City of Caldwell
standards and be approved by the Caldwell Fire Marshall.
3. No lot shall have direct access to/from Lincoln Road.
Traffic Mitigation
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 7
The following are the required traffic related mitigation measures for the Huntington Ridge
Subdivision resulting from resulting from trip generation estimates based from the Trip
Generation Manual 10th Edition pursuant to City Code Chapter 10, Article 10. A traffic
impact study is not required for this development because of the volume of traffic produced.
1. Community Planning Association of Southwest Idaho has computed the average trip
length in Canyon County to be 7.3 mi. Traffic impact mitigation should presumably
occur at both trip ends so ½ of the trip length should be attributed to each end. It is
estimated that trips will encounter a major intersection every half mile along any
given path. The capacity of an average fully improved intersection (assumed to be the
intersection of a collector and an arterial road) is estimated to be 5,080
vehicles/hour.
The estimated traffic resulting from the proposed density in this subdivision based on the
most current trip generation manual sets the pm peak hour traffic flow at 86 vehicles in the
peak hour.
Following the City of Caldwell’s mitigation equation ((86 veh/hr*7.3 mile/trip*0.5 trip
ends*2inter/mi) / (5080veh/hr)) the total contribution of this development to traffic
mitigation shall be 12.3% of a fully improved intersection. This percentage represents the
total capacity utilized from each intersection (once fully improved and possibly signalized)
encountered by trips generated over the development’s half of the generated trip length.
a) The owner/developer/applicant shall design and construct roughly 12.3% of
the signalization improvements needed for an average intersection, as defined,
at one or more nearby (within 3.5 miles of the site) deficient locations to be
determined by Engineering staff. The Engineering staff shall have reasonable
discretion to determine the sites of construction and what design and
construction equals roughly 12.3% of the signalization improvements needed
for an average intersection. Engineering staff can provide information about
applications with whose mitigation efforts the owner/developer/applicant can
combine to achieve even units of 100%.
i) The owner/developer/applicant may be allowed, at his option, to
contribute monies in lieu of construction to the City of Caldwell Roadway
Trust Fund, but the basis for the obligation is for construction. Monetary
contributions must be made at a level commensurate with costs to
construct the same by the City and as estimated by the City. This alternate
provision for payment of money is not a requirement, is for the benefit and
convenience of the owner/developer/applicant only and does not
constitute an Impact Fee.
ii) The average cost of intersection is estimated at $425,000 for procurement
of design services, construction, and associated costs by the City, of which
12.3% of that cost is what needs to be covered by this subdivision.
Water
1. All on site water mains will need to be looped into existing mains for fire flow and
water quality purposes. Internal main sizing and construction plan approval, will be
dependent upon the availability of fire flow.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 8
2. Each phase of development shall have a redundant/secondary supply of domestic
water.
3. Each buildable lot shall be supplied with potable water. If buildings are constructed to
include individual units that could feasibly or will be sold separately, each unit shall be
serviced separately
4. The location of water service, including sizing of mains, providing of easements,
frontage construction, and offsite construction are to be decided during review of
improvement plans. This development will be required to comply with the Water
Master Study.
Sanitary Sewer
1. It shall be the responsibility of the applicant’s engineer to verify that connection to
existing sewer mainlines will not exceed the functional capacity of said mainlines.
Provision for connectivity by future developments shall be met in accordance with
current City standards.
2. The location of sewer service, including sizing of mains, providing of easements, frontage
construction, and offsite construction are to be decided during review of improvement
plans. The City of Caldwell is planning to construct the Polk Street Trunk line, which runs
through this property and down to the Franklin lift station. In the event that this City
project is cancelled or otherwise not completed, the following is the responsibility of the
developer, who would then be required to installation the trunk lines as specified by the
City Engineering Department.
3. The Developer will be required (where applicable) to extend all sewer and water
mainlines to the center of adjacent roadways for connectivity by future developments.
Locations of said extensions will be decided during the review of the improvement plans.
4. Each buildable lot shall be provided with individual sewer service. If buildings are
constructed to include individual units that could feasibly or will be sold separately, each
unit shall be serviced separately.
5. Any easements for sewer lines not in the right-of-way should be at a width sufficient to
construct same and not less than 20 feet in width. Easements for adjacent sewer and
water lines not in the right-of-way shall be at a width sufficient to construct the same
and shall be no less than 30 feet in width.
6. A 20’ wide all-weather surfaces may be required to be constructed over mainlines that
fall outside the public right-of-way. All weather surfaces shall be constructed sufficiently
to support heavy equipment necessary to construct and maintain sewer under all
seasonal weather conditions.
Irrigation
1. Existing easements and/or right-of-ways for any irrigation facility shall be determined
and clearly indicated on the construction plans and on the final plat (excluding
prescriptive easements). Construction across or re-routing of these facilities is subject
to approval by the Pioneer Irrigation District and at their discretion, their assigns.
2. The Developer shall maintain any existing upstream drainage rights and downstream
irrigation rights across the property. During the design phase of this project, the
developer or his engineer is to contact the appropriate irrigation district to help
ascertain these rights. Appropriate facilities shall be provided by the developer to
convey irrigation and drainage water across the property to take care of these offsite
needs.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 9
3. There is to be no discharge of gravity/pressure irrigation return water into the
subdivision storm water system.
4. The development is to include a non-potable water pressure irrigation system in full
compliance with Caldwell Municipal Irrigation District standards. The design of this
pressure irrigation system is to be reviewed and approved by the Caldwell Municipal
Irrigation District prior to construction plan approval. It shall be required that the
system will be operated and maintained by the Caldwell Municipal Irrigation District.
5. Applicant shall place the pump station within a platted common lot with a recorded
perpetual easement sufficient for convenient access and maintenance of said pump
station. The lot shall be owned and maintained by the home owners association.
6. Each lot shall be provided with a pressure irrigation service.
7. All pressure irrigation mainlines shall be located in the public right-of-way, and within a
public utility easement of a minimum of 10 feet in width centered over said mainlines as
per current City standards.
8. The applicant shall ensure that an adequate continuous irrigation supply flow is available
to meet the pressure irrigation system requirements of 9gpm/acre delivery rate 24/7 as
required by CMID.
9. Applicant shall pipe the pump station delivery ditch from the source point (head gate) to
the pump station. Pump station overflow shall be piped from the pump station to the
point of discharge into an irrigation facility/canal/drain/etc.
10. The applicant shall transfer a proportionate share of any existing water right(s), except
those held in trust by an irrigation district, to the City of Caldwell for both irrigation and
domestic water supply for the subject development. If this should occur, The City shall
assist in registering the transfer.
11. All plans and construction drawings submitted to the City of Caldwell for review and
approval for any out-of-season irrigation work to be performed within Pioneer Irrigation
(or others) facilities shall be submitted to the Caldwell Engineering Department no later
than August 15th. Submittal of plans after this date may result in Applicant not receiving
plan approval in time to complete out-of-season work.
Storm Drain
1. As noted previously, provision is to be made for the disposal of stormwater drainage in
accordance with the City Stormwater Management Manual and any updates adopted
subsequent to this application. A copy of this policy is available upon request. The
engineer of record is to provide calculations, which indicate that the assumptions in his
stormwater drainage plan comply with the requirements of the stormwater manual. In
this case, if a storm water system is existing, the burden of proof is on the developer to
verify the capacity is sufficient for the proposed development.
2. 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.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 10
3. The final plat drawing should indicate that storm water detention basins are to be placed
in common lots in accordance with the referenced Stormwater policy. A note should be
placed on the final plat indicating that all areas designated as common areas are to be
operated and maintained by the home owners association.
Plat
1. Prior to approval of the final plat, subdivision facilities must be completed or an
appropriate construction security provided. There may be temporary restrictions to
the obtaining of building permits, even with acceptable construction security,
depending on fire protection, emergency service requirements, and City approval of
the sanitary sewer system. A 50% temporary restriction to obtaining of building
permits will be enforced until all facility construction has been completed, inspected
and certified by the Applicants engineer including all punch list items.
2. A note shall be added to the final stating that no lot shall have direct access to/from
Lincoln Road or any possible future extension of Florida Road (with the exception of
the existing dwelling units).
3. Upon recordation of the plat, the Engineering Department is to be provided with a PDF
copy of the recorded final and 3 full paper set.
4. An electronic (dwg.) copy of the Final Plat suitable for mapping and addressing
purposes will be required with Final Plat application submittal.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 11
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
incorporated herein by reference.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 12
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.
DEVELOPMENT AGREEMENT (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 13
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.
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 (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 14
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 June, 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 (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 15
“OWNER”
Mitchell Bicandi, 23955 Wagner Road, Caldwell, Idaho 83607
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 (HUNTINGTON RIDGE WEST SUBDIVISION) – PAGE 16
“DEVELOPER”
Hayden Homes LLC. 1406 N Main Street, STE. 114, Meridian, ID, 83642
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:
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Exhibit “A”
Development Property Legal Description
This ordinance provides for annexation of a parcel of land to be annexed into the City of Caldwell
as R-1 (Low Density Residential) zoning.
A parcel of land, located in the SE ¼ SW ¼ of Section 14, Township 4 North, Range 3 West,
Boise Meridian, City of Caldwell, Canyon County, Idaho, more particularly described as follows:
BEGINNING at the South ¼ Corner of said Section 14, from which the West 1/16 Corner between
Sections 14 and 23 bears N.89°43'13"W., 1324.24 feet; thence N.89°43'13"W., 662.11 feet along
the south boundary of said SE ¼ SW ¼; thence N.51°16'39"W., 481.79 feet; thence
N.51°16'43"W., 50.48 feet; thence N.00°12'04"E., 329.98 feet; thence N.89°39'32"W., 245.60 feet
to a point on the west boundary of said SE ¼ SW ¼; thence N.00°12’38"E., 558.02 feet along
said west boundary; thence S.89°31’54”E., 565.97 feet; thence S.70°04’30”E., 586.51 feet;
thence S.89°32’29”E., 204.37 feet to the east boundary of said SE ¼ SW ¼, from which the CS
1/16 Corner of said section 14 bears N.00°06’37”E, a distance of 299.96 feet; thence
S.00°06'37"W., 1019.51 feet to the POINT OF BEGINNING. Containing 29.51 acres, more or
less.
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EXHIBIT “A3R”
PRELIMINARY PLAT
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EXHIBIT “A8R”
LANDSCAPE PLAN
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EXHIBIT “A2”
PROJECT NARRATIVE
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