Loading...
HomeMy WebLinkAboutANN-15-05 Jacksons (2)DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 1 December 14, 2015 Jacksons Food Stores Inc. Development Agreement (ANN-15-05) 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 Jacksons Food Stores Inc. This Development Agreement is made and entered into this ___ day of _______________, 2015, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”) and John Jackson, President of JACKSONS FOOD STORES, INC., of 3450 Commercial Court, Meridian, Idaho 83642 (“Owner”). WHEREAS, Owner is the owner of record of certain real property (the “subject property”) located in the City’s area of impact and contiguous to the City, 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 Annexation submitted by the Owner, identified as Application Number ANN-15-05; and WHEREAS, Owners intend that any future development of the Subject Property will be as Commercial; and WHEREAS, the Subject Property is currently zoned by Canyon County as A (Agricultural); and WHEREAS, Owner seeks to zone the property to the City of Caldwell’s H-C (Highway Corridor) Zoning Classification; and WHEREAS, it is the intent of this Development Agreement to protect the rights of the 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 DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 2 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 annexation and zoning designation requested by the 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 annex and designate zoning for 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 annexation and zoning 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 ANNEXATION The Subject Property shall be utilized in the fashion and according to the terms set forth in the development application ANN-15-05, 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 applicant 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 Owner will be responsible for assuming the measures necessary to provide the City with an accurate legal description of the Subject Property. 4. Planned and future development shall be consistent with the City of Caldwell DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 3 Comprehensive Plan. 5. The development, design, and construction of the proposed Jacksons Convenience Store and Gas Station shall be in substantial compliance with the submitted site plan of Case File Exhibit A-3. Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit A-3, shall require City Council approval, through a public hearing. 6. Storm water requirements shall be as noted in Chapter 11 of Caldwell City Code. 7. All easements shall be in accordance with Section 11-03-05 of Caldwell City Code. 8. Dedicate an additional twenty (20) feet of right-of-way along the subject properties entire Hwy 20/26 frontage so as to total seventy (70) feet measured from the centerline to meet current city requirements. The applicant is also required to meet any additional right-of-way requirements of the Idaho Transportation Department. 9. Dedicate an additional fifteen (15) feet of right-of-way along the subject properties entire Middleton Road frontage so as to total forty-eight (48) feet measured from the centerline to meet current city requirements. The applicant is also required to meet any additional right-of-way requirements of the Canyon Highway District #4. 10. Improve Middleton Road along the proposed site’s west frontage including (but is not limited to) street lights, signage, curb, gutter, sidewalk, and asphalt to meet a section width of thirty-five (35) feet from top back of curb to centerline. 11. Install a 30-foot wide landscape buffer along Highway 20/26, abutting the site. The buffer shall contain a minimum of 31 Class II trees and 153 shrubs, along with vegetative ground cover within the buffer area. The buffer shall also contain an 8-foot wide detached sidewalk with a minimum landscaped width of 11 feet on each side. The sidewalk shall not be meandering. A portion of the buffer area may be located within the additional 20 feet right-of- way being dedicated as part of this application. 12. Install a 25-foot wide landscape buffer along Middleton Road, abutting the site. The buffer shall contain a minimum of 12 Class II trees and 59 shrubs, along with vegetative ground cover. A detached sidewalk that is not meandering may be included as part of the 25- foot buffer if there is a minimum of 8 feet of landscaping on each side. 13. Construct a dedicated westbound right turn lane on Highway 20/26 at the access point on Highway 20/26, as per the submitted Traffic Impact Study (see Exhibit A-7). 14. Construct a dedicated eastbound left turn lane on Highway 20/26 at the access point on Highway 20/26, as per the submitted Traffic Impact Study (see Exhibit A-7). DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 4 15. Construct a dedicated northbound right turn lane on Middleton Road at the access point on Middleton Rd, as per the submitted Traffic Impact Study (see Exhibit A-7). 16. Restripe the existing left hand turn lanes on Hwy 20/26 and Middleton Rd to extend the storage length, as per the submitted Traffic Impact Study (see Exhibit A-7). 17. Developer shall adhere to all comments and recommendations made by the Engineering Department as described in Exhibit PA-5 of Case File ANN-15-05. 18. 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. 19. 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 DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 5 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 owner (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. DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 6 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 ) DEVELOPMENT AGREEMENT (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 7 On this _____ day of _______________, 2015, 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 (JACKSONS FOOD STORES INC. ANNEXATION) – PAGE 8 “OWNER” JACKSONS FOOD STORES INC., __________________________________________ By: JOHN D. JACKSON Its: President STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2015, before me the undersigned, a Notary Public in and for said State personally appeared JOHN D. JACKSON, known or identified to me to be the person whose name is subscribed to the within instrument as President of the JACKSONS FOOD STORES INC., and acknowledged to me that he executed the same as such Trustee. 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