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Home My WebLink AboutDRAFT ROEDEL ANN21-000007 OUT PARCELS DADEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 1 November ____, 2021 ROEDEL Enclave Properties Development Agreement (ANN21-000007/SUB21-000014) 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 Roedel Enclave Properties Annexation Agreement This Development Agreement is made and entered into this _____ day of November, 2021, by and between the CITY OF CALDWELL, an Idaho municipal corporation of 411 Blaine Street, Caldwell, Idaho 83605 (“City” or “Caldwell”), Steve D. Roedel, 11077 Marble Front Road, Caldwell, ID 83605 (“Owner”), and Terry Roedel Family Trust, Sharon Roedel, Trustee, 11161 Marble Front Road, Caldwell, ID 83605 (“Owner”). WHEREAS, Owner is the owner(s) 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(s) “A” and “B”, legal descriptions for properties, attached hereto and incorporated herein by this reference. WHEREAS, annexation of approximately 47.82 acres being legally incorporated into an annexation request known as Case No. ANN21-000007 and approved by City Council on November 1, 2021 where the Subject Properties R34087011 to include a lot line adjustment (3.31 acres more or less Exhibit Parcel “E”) and Portion of R34087012 (4.25 acres more or less Exhibit Parcel “D”) owned by Mr. Steve Roedel and subject property, a portion of R34088 containing 1.31 acres (parcel C Exhibit B) owned by the Terry Roedel Family Trust, Sharon Roedel, Trustee have been specifically exempted from the aforementioned annexation with the understanding by all parties that this exemption would continue in force until such time as additional development (addition of housing units) occurs on the 7.56 acre subject properties and/or at the time the property (R34086) adjacent to the subject parcels on the north boundary makes application for development. At such time that development on R34086 or on the identified Roedel properties, the identified exempted properties, containing a total of 8.87 acres more or less shall be annexed into the City. WHEREAS, the exempted properties currently contain rural residential units and maintain agricultural uses on the properties, said uses should be allowed to continue until the properties are developed and/or the uses have ceased to exist after annexation of the properties. At such time the uses shall be consistent with the City of Caldwell ordinances in affect at the time uses are proposed. WHEREAS, it is the intent of this Development Agreement to protect the rights of Owner’s/Developer’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, DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 2 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; 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 This Development Agreement shall be signed to meet the conditions of approval for annexation, Case No. ANN21-000007, as approved in the order of decision signed November 15, 2021. ARTICLE II CONDITIONS OF AGREEMENT 2.1 Annexation Requirements: The subject properties exempted from the annexation, Case No. ANN21-000007, as described herein shall be annexed to the City of Caldwell at such time as additional development (addition of housing units) occurs on the 7.56 acre subject properties and/or at the time the property (R34086) adjacent to the subject parcels on the north boundary makes application for development. NOTE: Parcel R34087011 acreage may be affected/reduced by requirement for developer of Sterling Ridge Subdivision (ANN21-00007/SUB21-000012) to procure and complete rights-of-way and frontage requirements along Middleton Road. Middleton Road frontage improvements will not constitute “additional development” of this property for the terms of annexation of this agreement. 2.2 The subject properties should be allowed to continue agricultural and rural residential uses until the properties are developed and/or the uses have ceased to exist after annexation of the properties. Uses that have ceased to occur for more than one year shall be consistent with the City of Caldwell ordinances in affect at the time uses are proposed. 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, DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 3 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/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. DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 4 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 _____________ ) ) ss. COUNTY OF ___________ ) DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 5 On this _____ day of _______________, 2021, 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 (ROEDEL ENCLAVE PROPERTIES) – PAGE 6 “OWNER/DEVELOPER” Steve D. Roedel, 11077 Marble Front Road, Caldwell, ID 83605 ________________________________________ signature STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2021, before me the undersigned, a Notary Public in and for said State personally appeared Steve D. Roedel, 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 (ROEDEL ENCLAVE PROPERTIES) – PAGE 7 “OWNER/DEVELOPER” Terry Roedel Family Trust, Sharon Roedel, Trustee, 11161 Marble Front Road, Caldwell, ID 83605 (“Owner”). ________________________________________ signature STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On this _____ day of _______________, 2021, before me the undersigned, a Notary Public in and for said State personally appeared Sharon Roedel, 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: _____________ STATE OF _____________ ) ) ss. COUNTY OF ___________ ) DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 8 Exhibit “A” PROPERTY DESCRIPTIONS PARCEL “D” Steve D. Roedel Properties DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 9 DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 10 DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 11 Exhibit “A” PROPERTY DESCRIPTIONS PARCEL “E” Steve D. Roedel Properties DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 12 DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 13 DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 14 Exhibit “B” PROPERTY DESCRIPTION PARCEL “C” (1.31 acres) Owned by Terry and Sharon Roedel Family Trust (Sharon Roedel, trustee) DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 15 DEVELOPMENT AGREEMENT (ROEDEL ENCLAVE PROPERTIES) – PAGE 16