HomeMy WebLinkAboutDevelopment Agreement revised without attachmentsDEVELOPMENT AGREEMENT (RICHMOND HEIGHTS ANNEXATION/SPECIAL USE PERMIT) – PAGE 1
November 15, 2022
Revised: February 07, 2023
Richmond Heights Development Agreement
(ANN22-000012 / SUP22-000014)
Parcel: R3572300000 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
Richmond Heights Annexation/Special Use Permit This Development Agreement is made and entered into this _____ day of November, 2022, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), and TBC Land Holding, LLC (“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 Owner/Developer, identified as Application Number ANN22-000012; and WHEREAS, the Subject Property is currently zoned by Canyon County as R-1 (Single-Family Residential); and WHEREAS, Owner/Developer seeks to zone the property to the City of Caldwell’s R-3 (High Density Residential) Zoning Classifications; 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/Developer 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;
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WHEREAS, the annexation and zoning designation requested by Owner/Developer 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 has adopted 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 to meet the conditions of approval for annexation and preliminary plat requirements as approved in the order of decision signed November 15, 2022. The ordinance will become effective after its passage, approval, and publication.
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 ANN22-000012 and SUP22-000014, to include the following conditions: 1. Development of the subject property shall comply with all requirements, city codes, ordinances, policies, standards, and regulations of the City of Caldwell unless specifically stated otherwise in a development agreement or in the Order of Decision for the Special Use Permit. 2. Comply with the requirements of all applicable agencies, including but not limited to Idaho Transportation Department, the City of Caldwell Building Department, and the City of Caldwell Fire Department. 3. 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. 4. 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. 5. An annexation/development agreement, as prepared by the Planning and Zoning Department, shall be approved by City Council in conjunction with the annexation and development. It will include conditions of approval for cases ANN22-000012 and SUP22-000014. 6. The development, design, and construction of the Richmond Heights development shall be in substantial compliance with the Conceptual Plan and Landscape Plan (Attachment A) of Case File SUP22-000014 or as amended to reflect requirements by City Engineering Department
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(Attachment B). Any substantial deviations, as determined by the Planning & Zoning Director, from said Case File Exhibit, shall require City Council approval, through a public hearing. 7. Development of the subject property shall comply with all conditions as identified by the City of Caldwell Engineering Department (Attachment B). The City Engineer has the discretion to reduce or eliminate certain requirements stated in Attachment B that is found to not be pertinent to the request. 8. 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. 9. Development of the subject property shall comply with all conditions and requirements of Caldwell Fire Department (Attachment C). 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. 10. 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. 11. The developer should provide pick-up and drop-off locations with adequate illumination for bus stops as required by the agency. 12. Provide screening of on-site trash enclosures.
ARTICLE III AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owners/developers 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/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.
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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/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. 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
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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.
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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 November, 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
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“OWNER” TBC Land Holding, LLC. _____________________________________________________________ Todd Campbell, TBC Land Holding, LLC
STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this ____ day of November, 2022, before me the undersigned, a Notary Public in and for said State personally appeared , known or identified to me to be the owner 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
LEGAL DESCRIPTION A parcel of land located in a portion of the SE ¼ SE ¼ of Section 34, Township 4 North, Range 3 West, City of Caldwell, Boise Meridian, Canyon County, Idaho, more particularly described as follows: BEGINNING at the SE corner of Section 34; thence N89°53'12"W, 727.86 feet; thence N00°24'27"E, 638.83 feet; thence S32°05'57"E, 43.67 feet; thence S89°53'47"E, 704.69 feet; thence S00°26'08"W, 602.00 feet to the POINT OF BEGINNING. Containing 10.07 acres, more or less.
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ATTACHMENT A
CONCEPTUAL PLANS AND LANDSCAPE PLAN
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ATTACHMENT B
CITY OF CALDWELL ENGINEERING
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ATTACHMENT C
CITY OF CALDWELL FIRE DEPARTMENT