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HomeMy WebLinkAboutOrchard Park PUD recorded 08-09-06 (#239)yuuJ Z07i\p-ROUTING AND FILE O7t SHEET poPjiUfvTmlOTHERCONTRACTLEASEDEEDRES.ORDINANCE DATE PASSED/FAILED 1NUMBER MAYOR SIGNED CITY MANAGER SIGNED OTHERS SIGNED CITY CLERK SIGNED RECORDED? YES/NO PUBLISHED DATE KIND OF DEED EXPIRATION DATE CITY ATTORNEY APPROVE COPIES TO: DEPT'S INVOLVED? COUNCIL CITY MANAGER FINANCE POLICE FIRE ENGINEERING COM DEV PLAN & ZONING INSPECTION WATER SANITATION WASTE WATER STREETS PARKS RECREATION GOLF AIRPORT SHOP PERSONNEL ECON DEV LIBRARY LID BID CITY ATTORNEY OTHER Orchid I'M- fKEYWORDS TO USE TO FILE DOCUMENT: !M fij ■ | f;if ri STARTING DATE OF CONTRACT; ENDING DATE OF CONTRACT; 1 Y\ 1 \ 1< Al.,1 /.> tUl :\ 1 1 flip jtjsyTWIN FALLS- CITY OF 08-09-20063:23:29 pm 2006-019824 Orchard Park PUD Agreement February 07, 2006 DEPUTY: CNICE , , . , - 7 7 , , A/1This Agreement made and entered into this hi day of j_ XCi 72006 CITY OF TWIN FALLS, State of Idaho, a municipal corporation (hereinafter called “City”) fee; s8i.ee1, PAGES: 2? , by and between the and White Pine Development, Inc., whose address is P.O. Box 9622 - Boise, ID 83707 (hereinafter called “Developer”) RECITALS WHEREAS, Developer is the owner of the certain tract of land in the City of Twin Falls, State of Idaho, more particularly described in Attachment “A”, attached hereto (the “Property”), which property is located on the SE comer of Orchard Drive and Washington Street South consisting of approximately 16.2 acres; and WHEREAS, Developer intends to develop and/or sell all or portions of the Property from time to time; and WHEREAS, Developer has made a request of the City to develop a commercial subdivision (the “Project”) on the Property and has submitted to the City a Master Development Plan (Attachment “B”) which has been approved for development as a “C-l PUD” by the Planning and Zoning Commission and City Council of the City: and WHEREAS, City, by and through its City Council, has agreed to the development of said Project within the City of Twin Falls, State of Idaho, subject to certain terms, conditions, and understandings, which terms, conditions, and understandings are the subject of this Agreement. COVENANTS Now, THEREFORE, in consideration of the mutual promises and covenants contained herein, Developer and City agree as follows: 1 1—*PUD Agreement 02-07-2006 Page 1 of 18 ft'L..... 1. NATURE OF THE AGREEMENT. This Agreement shall become part of the “C-l PUD” zone with respect to the Property upon its full execution and recording. Developer and its assigns or successors in interest, as well as City and its assigns or successors (if any), shall be bound by the terms and conditions contained herein. 2. NATURE OF THE DEVELOPMENT. This development will be a neighborhood commercial project. It is agreed by the parties hereto that certain language and requirements pertaining to the Project shall be interpreted as follows: A. USES. 1. Commercial: Unless otherwise provided herein, the Project shall meet the allowed use regulations of the City’s Neighborhood Commercial Overlay District (NCO) zone (Section 10-4-21.2 City Code). The following is an addition to the use requirements of the NCO: Special Uses: Special use permits may be granted for the following(a) uses: 1. Automobile Parts Purveyor (including installation of accessories sold) 11. Home Furnishings and Equipment III. Pawnshop IV. Tire Shop B. HOURS OF OPERATION. The hours of operation for all activity within the PUD shall be between the hours of seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. unless otherwise authorized by the City of Twin Falls through the Special Use Permit Process. C. PHASING OF DEVELOPMENT. Developer shall be permitted to develop the Property in phases, provided those phases are in compliance with the Master Development Plan, this PUD Agreement, and an approved preliminary subdivision plat. Approval for each phase may be obtained by submission of a PUD Agreement 02-07-200t Page 2 of 18 (JIM'J 'L67 technically correct final plat for that phase to the City Council. The designation and location of specific uses on the Master Development Plan and preliminary plat are conceptual and minor changes therefrom shall not provide basis for disapproval of any final plat. There shall be no minimum and a maximum of three (3) years limit between Phase 1 and Phase 11 unless an extension is granted by Twin Falls City Council. There shall be no minimum and a maximum of five (5) years limit between Phase 11 and Phase 111 unless an extension is granted by Twin Falls City Council. 3. STREET. SEWER. WATER. DRAINAGE. AND OTHER IMPROVEMENTS Developer shall be responsible for the design and construction of street, sewer, water, drainage systems, and pressurized irrigation on the Property (herinafter “Improvements”) as described herein in accordance with City standards. A. IMPROVEMENT PLANS. Developer shall, for each phase of its development, file or cause to be filed with the City a complete set of plans checked and stamped by a licensed professional engineer for that development phase, showing all improvements contemplated within that phase of the development (herinafter “Improvement Plans”). The Improvement Plans and all Improvements thereon shall meet the approval of the City, which approval shall be given if such plans confonn with established City requirements, the Master Development Plan, and this PUD Agreement. B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer, at their expense, shall cause all Improvements shown on the Improvement Plans to be designed, constructed, and installed consistent with the approved Improvement Plans. Notwithstanding the foregoing, nothing in this Agreement shall prohibit City, State or Federal participation in the cost or financing of Improvements on the Property if mutually agreed to by the parties hereto. PUD Agreement 02-07-2006 Page 3 of 1S C. PHASED CONSTRUCTION. Developer shall provide the City with written notification of the timing and scope of the phase, or phases, of said Improvements it intends to complete at that time. Developer agrees to make modifications to construct any temporary facilities or infrastructure system connections or extensions necessitated by such phased construction work as shall be reasonably required by the City. D. CONSTRUCTION SUPERVISION. Developer shall use a registered professional engineer to supervise the construction, inspection, and testing of the work as necessary, to ensure that all such improvements are constructed in accordance with the approved Improvement Plans. E. NON-COMPLIANCE. In the event any of the Improvements are not consistent with the Improvement Plans, the City shall give written notice to Developer of said non-compliance. Developer shall cure said non-compliance within thirty (30) days of its receipt of notice, or in the case of non-compliance that will take in excess of thirty (30) days to cure, Developer shall submit a written plan with a timetable of when the cure will be completed and commence to cure within thirty (30) days of receipt of notice and diligently pursue the same to completion. In the event Developer fails to cure said non-compliance in the manner set forth herinabove, the City shall have the right to withhold the issuance of any future building permits and certificates of occupancy within only that phase of such “PUD” until such time as all requirements specified in this Section 3 have been complied with; PROVIDED HOWEVER, Developer shall have the right to appear before the City Council at any regular meeting after any building permits and certificates of occupancy shall have been withheld for reasons set forth in this paragraph and shall have the right to be heard as to why such building permits and certificates of occupancy should be issued. The City Council shall then, in good faith and in an objective manner, decide whether said building permits and PUD Agreement 02-07-2006 Page 4 of ] 8 certificates of occupancy should be issued, and its decision shall be final, except that the rights of the parties are preserved at law and equity. F. FEES. Developer shall pay, or cause to be paid, to the City all applicable fees, if any, with regard to the installation of Improvements pursuant of the Improvement Plans. However, City water and sewer connection and service charges shall be paid for by individual developers and users at the rates set by applicable City ordinances and resolutions. G. MAINTENANCE OF IMPROVEMENTS. City hereby agrees to accept maintenance responsibility for the public improvements upon their completion to City standards in accordance with current City policy. Developer hereby agrees to accept maintenance responsibility for the private improvements upon their completion in accordance with current City policy and in accordance with any other development agreements associated with the Project. H. CITY COMMITMENT ALONG ORCHARD DRIVE. City agrees to pay the construction costs associated with installing curb, gutter, and sidew'alk along the 572 feet (+/-) of property fronting Orchard Drive east of Fire Station #3 in accordance with a previous development agreement associated with the Property (see Attachment “C”). 1. CITY COMMITMENT IN FRONT OF FIRE STATION PROPERTY. City agrees to pay the construction and engineering costs associated whth excavation, street widening, and installation of curb, gutter, sidewalk, landscaping, and other needed utilities along the frontage of the Fire Station (Lots 12 and 13 of Block 5 of Huerta Vista Subdivision). PUD Agreement 02-07-2006 Page 5 of 18 Di/P ZW J. DEVELOPER COMMITMENT ALONG WASHINGTON STREET SOUTH. Developer shall install entire curb, gutter and street improvements, 1,046 linear feet (+/-), on Washington Street South as part of development of Phase 1. 4. PLATS. Developer agrees to file with the City a preliminary plat and final plat or plats, prepared by a registered professional engineer and/or licensed land surveyor, of the real property which is the subject of this Agreement. Final plats for phases to be developed shall be submitted specifically identifying and dedicating all necessary public easements and those rights-of-ways the City agrees to accept herein and in the Standard Developer’s Agreement. It is agreed that said plats and any amendments thereto must first be approved by the City. 5. PROPERTY DEVELOPMENT STANDARDS. The Property or any portion thereof shall be developed in accordance with criteria set forth in this Section 5, and all applicable provisions of City Code. A. APPROVAL AND CONSTRUCTION. All improvements shall be constructed in accordance with engineered drawings and specifications, describing in reasonable detail the work to be performed, with the drawings and specifications to first be approved by City, which approval shall not be unreasonably withheld. B. LANDSCAPING AND PLANTING. Perimeter landscaping along bordering streets shall be required to be installed on each parcel of the Property and in the public right-of-way adjacent thereto at the time site and building improvements are completed thereon, or by the next planting season. Such landscaped perimeter shall be installed from the back of curb in the public right-of-way and shall be extended to the dimensions set forth below: A thirty-five (35) foot landscape buffer (including a detached six (6) foot meandering bicycle/pedestrian pathway), measured from the back of curb shall be FUD Agreement 02-07-2006 Page 6 of 18 constructed along the Property frontage to Washington Street South. A landscape buffer averaging not less than thirty-five (35) feet in width (including a detached six (6) foot meandering bicycle/pedestrian pathway) and having a minimum width of twenty (20) feet measured from the back of curb shall be constructed along the Property frontage to Orchard Drive. The landscaping shall be evaluated on a Project-wide basis to create landscaping areas where it has the greatest benefit to the Project and to adjacent property owners. Landscaping areas shall closely conform to the layout shown on the approved Master Development Plan. All landscaping shall comply with the standards set forth herein, and be installed in conformance with an approved Project Master Landscaping Plan as approved by City staff. All landscaping will be properly maintained. Drive through service lanes, when allowed by special use permit, may transverse through landscaped areas on the Landscaping Plan. The property landscaping will be designed to utilize a pressure irrigation system. Each property owner will be required to utilize the development’s pressurized irrigation system or future systems as required by the City for their landscaped area. All landscaping within this Planned Unit Development (PUD) shall be designated as “common area” and the proper maintenance of said area shall be the responsibility of an association consisting of business operators within the PUD. The Developer may also choose to dedicate these areas to the City, by City approval, to be incorporated with facilities for the requirements of storm water retention, utility, and irrigation purposes. C. MASTER LANDSCAPING PLAN. Both street buffer areas shall be landscaped to include the following: The landscape perimeter may be planted in sod, and shall have a minimum of one (1) shrub per one hundred (100) square feet PUD Agreement 02-07-2006 Page 7 of 18 of landscaped area and one (1) tree per five hundred (500) square feet of landscaped area. Trees and shrubs may be clustered, but there shall be no space greater than seventy-five (75) lineal feet between trees/shrubs. A minimum of fifty (50) percent of trees shall be evergreens on Orchard Drive. Deciduous trees shall be at least 1 V" caliper and four (4) feet tall and evergreen trees shall be a minimum of four (4) feet in height at time of planting. Fifty (50) percent of the lineal footage of landscaping in the street buffer area shall have berms with a ridge elevation of at least eighteen (1 8) inches in height with at least fifty (50) percent of the berming having a minimum ridge elevation of thirty (30) inches in height. Each separate section of the landscaping strip shall contain trees or shrubs. The use of planters and landscaped islands within parking lots will be used to reduce visual impact of large paved areas and these shall be planted with shade trees and shrubbery. The design shall include consideration of drought resistant plants and materials. Planters and landscaped islands shall have a minimum of one (1) shrub per one hundred (100) square feet of landscaped area and one (1) tree per five hundred (500) square feet of landscaped area. Trees and shrubs may be clustered, but there shall be no space greater than seventy-five (75) lineal feet between trees/shrubs. Deciduous trees shall be at least 1 W’ caliper and four (4) feet tall and evergreen trees shall be a minimum of four (4) feet in height at time of planting. The total area (square feet) of landscaping per Phase shall conform to the Master Landscape Plan attached hereto. The required landscaped area for each Phase and the planting requirements within the landscaped areas shall be in accordance with the Master Landscape Plan, this Agreement and applicable City Code. PUD Agreement 02-07-2006 Poge 8 of 18 There shall be a minimum six (6) fool solid screening fence or wall adjacent to all residential properties and the type and height of fence shall be consistent throughout the entire development where there are adjacent residential properties. Fence for each lot shall be installed prior to any building construction on each lot that is adjacent to residential properties. There shall be a minimum six (6) foot screening fence along the property line of the existing fire station property (Lots 12 and 13 of Block 5 Huerta Vista Subdivision). Fencing shall be installed prior to completion of Phase I, as approved by City staff. The City of Twin Falls agrees to allow this landscaping plan to encroach a distance of up to twenty (20) feet onto the adjacent area of Vista Bonita Park. The City Parks and Recreation Department must review and approve a detailed landscape layout plan for areas within the park prior to installation. This will aid in creating a landscaping threshold and screening between the development and the park. The initial cost of the plantings, installed and in-place, shall be the responsibility of the Developer. The City agrees to maintain the plantings within the park area once installed. A four (4) fool chain link fence shall be installed adjacent to Vista Bonita Park. The fence shall provide access from the park lo the Property at locations consistent with the Master Development Plan. The entrances shall be clearly marked with a “gateway” feature, as approved by the City, at the threshold as well as landscaping aprons, as shown on the approved Master Development Plan. A ten (10) foot wide asphalt path connection will be made between the designated entrances and the existing westerly park pathway at the Developer's expense. The asphalt connection pathways shall be constructed when the adjacent Project phase is under construction. A landscaping buffer averaging a minimum of eight PUD Agreement 02-07-2006 Page 9 of 18 (8) feet in width shall be established along the Property’s eastern property boundary. D. BUILDING STANDARDS. Building and improvements shall comply with the following standards. 1. DESIGN STANDARDS. Building faces shall be broken up with windows, recesses, awnings, or other architectural features that break up large flat surfaces. Ah buildings shall be low reflective, neutral, or earth tones. Colors, building materials, and architectural themes shall be coordinated between various structures to create a uniform theme of construction throughout the Project to a reasonable extent. Project sign colors, material, and architectural features shah also be coordinated to further add uniformity to the overall project theme. No structure within “Envelope A”, as shown on the Approved Master Development Plan, shall exceed twenty-five (25) feet in height. Buildings within “Envelope A” shall be of a residential architectural style with gable or hip roof with a minimum 3/12 pitch and a twelve (12) inch eave. Single occupancy buildings within “Envelope A” shah not exceed fifteen thousand (15,000) square feet. No structure within “Envelope B”, as shown on the Approved Master Development Plan, shall exceed thirty-five (35) feet in height with the exception of architectural projections or features, roof top equipment (if properly enclosed or screened), and chimney chases. Building materials, colors, and architectural styles shall conform to the architectural concept submitted with the PUD Application, “Exhibit C”, Single occupancy buildings within “Envelope B” shall not exceed forty-five thousand (45,000) square feet. PUD Agreement 02-07-2006 page 10 of 18 2. OUTSIDE STORAGE/LOADING DOCKS. Loading docks and similar facilities shall be located and screened from streets and adjacent properties. Screening shall consist of landscaping and/or masonry walls and shall conform to City Code requirements. No outside storage yards or areas shall be allowed and all trash containers shall be enclosed or screened from visibility from all streets and all adjacent properties. Outdoor display of seasonal items shall conform with City Code 3. UTILITIES. All on-site utility service lines located within a parcel shall be placed underground. To the extent reasonably practical, any transformer or terminal equipment provided within or immediately adjacent to the Project shall be located and screened to minimize visibility from the view of the streets and adjacent properties with screening material such as landscaping-or other approved material. 4. SIGNS. Signs shall comply with the requirements of the C-l zone and the General Sign Provisions contained in Section 10-9-1 & 2 of City Code, except as provided herein. Freestanding signs along Orchard Drive and Washington Street South shall consist of monument signs only. Monument signs identifying commercial businesses located within “Envelope A”, as shown on the approved Master Development Plan, shall not exceed fifty (50) square feet, and shall have a maximum height of six (6) feel measured above the adjacent curb (hereinafter called “M-A Signs”), Attachment “D-l”. A maximum height of eight feet, measured above the adjacent curb, shall be allowed for “M-A” signs placed on a berm. Signs identifying commercial businesses located within “Envelope B” shall not exceed one hundred (100) square feet, and shall have a maximum height of fourteen (14) feet measured above the adjacent curb (hereinafter PUD Agreement 02-07-200* Page 11 of 18 called “M-B Signs”), Attachment “D-2”. A maximum height of sixteen (16) feet, measured above the adjacent curb, shall be allowed for “M-B” signs placed on a berm. A maximum of four (4) M-A signs and two (2) M-B signs shall be allowed along Washington Street South. A maximum of one (1) M-A signs and one (1) M-B sign shall be allowed along Orchard Drive. Multiple monument signs located within a single continuous landscaped areas shall be spaced a minimum of one hundred twenty-five (125) feet apart. Monument signs may be spaced closer than one hundred twenty-five (125) feet when separated by an access driveway, but shall be a minimum of fifty (50) feet apart. 5. ILLUMINATION. Illumination shall be designed and installed to minimize the effect, harshness, and glare of exterior lighting on adjacent properties. Parking areas shall have lighting that will provide at least one foot-candle of light at the ground surface on the entire parking site. Lighting shall be designed so that it does not directly illuminate any adjacent residential uses with more than one-fourth (1/4) of a foot-candle and so that it does not create a traffic hazard. 6. SOUND SUPPRESSION. The use of an outdoor paging or public address system, whether permanent or temporary, shall not be permitted. Outdoor music may be allowed, through the Special Use Permit process, in covered walkways during business hours, provided the music is not noticeable from neighboring buildings or residential areas. I7- BUILDING SETBACKS.Building setbacks shall be in accordance with all applicable provisions of City Code as well as the setback requirements established below: PUD Agreement 02-07-2006 Page 12 of 18 PUD W Buildings along Vista Bonita Park shall have a minimum setback from the property line of thirty (30) feet. AH other building setbacks shall be twenty (20) foot minimum from property line. 8. TIME LIMITATIONS. The “PUD” zoning designations on the Property described in Attachment “A” is expressly conditioned upon the Master Development Plan (Attachment “B”) approved by the City Council and submittal of final development plan and final subdivision plat for the first phase of the Project within one (1) year from the date hereof. The Developer may apply for one or more one-year extensions, provided application is made in advance of the expiration date. Approval shall not be unreasonably withheld. 9. CITY OF TWIN FALLS STANDARD DEVELOPER’S AGREEMENT. It is understood and agreed by the parties hereto that Developer shall execute the City’s Standard Developer’s Agreement for required public improvements. 10. GENERAL PROVISIONS. A.COOPERATION. The parties hereto agree to cooperate each with the other. Developer shall submit to the City all plans, specifications, and working drawings required by the City. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties concerning the Property and improvements described herein, and no amendment or modifications to this Agreement shall be valid or effective unless reduced to writing and signed by the parties. B. PUD Agreement 02-07-200e. Page 13 of 3 8 C. APPLICABLE LAW. This agreement shall be construed in accordance with the laws of the State of Idaho. D. NOTICES. If notices from one party to the other are desired or required hereunder such notices shall be delivered or mailed to the party to receive such at its address last known to the sender of such notice. Notices shall be deemed received on the date of hand delivery or upon seventy-two (72) hours following deposit in the United States mail, if properly addressed, stamped and sent with “return receipt requested”. On the date of this Agreement, the addresses of the parties are as follows. Don H. and Patricia K. DetersDevelopers: P.O. Box 9622 Boise, ID 83707 City: City of Twin Falls 321 Second Avenue East P.O.Box 1907 Twin Falls, ID 83303-1907 E. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the successors, assigns and legal representatives of the parties hereto. Transfer of all or a portion of the Property shall create a notation releasing the transferor from obligations under this Agreement with respect to said transferred property. F. SEVERABILITY. In the event any portion of tins Agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining portions shall not be affected thereof. PUD Agree1;ment 02-07-2006 Page 14 of 18 SIGNATORIES. Each of the persons executing this Agreement hereby warrants that he or she is duly authorized and empowered to so act on behalf of the entity for which he or she is signing, and that this Agreement is binding on, and enforceable against such entity. G. EFFECTIVE DATE. This Agreement shall become valid and binding upon its approval by the City, through its City Council, and upon its execution by the Mayor and Developer. H. ATTORNEY FEES. In the event that either party should be required to retain an attorney to institute litigation because of the default or breach of the other, or to pursue any remedy provided by law, the party which prevails in such litigation shall be entitled to a reasonable attorney’s fee. Each party agrees that prior to retaining an attorney for said reasons, an effort shall first be made to pursue non-binding arbitration by a qualified mediator. CONSTRUCTION. Should any provision of this Agreement require judicial interpretation, the Court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party, by reason of the rule of construction that a contract is to be construed more strictly against the person who himself, or through his agents, prepared the same, it being acknowledged that both parties have participated in the preparation thereof. J. K. ATTACHMENT. All attachments to this Agreement and recitals are incorporated herein and made a part thereof as if set forth in full. PUD Agreement 02-07-200t Page 15 of 18 L. CAPTIONS. The captions, sections, and paragraph numbers appearing in this agreement are inserted only as a matter of convenience and shall in no way affect interpretation of this agreement. PUD Agreement 02-. 20( : Page 16 of 18 IN WITNESS WHEREOF, the City has affixed its seal and caused these presents to be executed by its Mayor on the date above written. CITY55££ City of T alls fUtiftW J ■ BY:ATTEST: Mayor DEVELOPER55£ £ Don H. and Patricia K. Deters A-OC.W- iVBY:.o t Don H. Deters ,b-L^/BY: Patricia K. Deters PUD Agreement 02-07-2006 Page 17 of 18 ACKNOWLEDGEMENTS STATE OF IDAHO ) )ss. )COUNTY OF TWIN FALLS On this 72WIdav of UfiMcfa , 2006. before me, the undersign Don U HilUk ifixL a Notary Public in and for said County and State. hb.-hOA l& k. X^tMjr C . known to me toandpersonally appeared be the Mayor and City Clerk, respectively of Twin Falls, the municipal corporation that executed the within and foregoing instrument, and acknowledged to me that such municipal corporation executed the same. JN WITNESS WHEROF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written.A . I/Ja^nu----- / s&^A- NOTARY PUBLIC FOR IDAHO l£Mt> 7/ osjzo t / Residence of My commission expiresA * ***»•«»»*•*** )STATE OF IDAHO )ss. COUNTY OF TWIN FALLS ) day of , 2006. before me, the undersigned, a Notary Public in and for said County and State,On this personally appeared DON H. DETERS, known or identified to me to be the person who subscribed said name to the foregoing instrument, and acknowledged to me that he executed the same in said name. IN WITNESS WHEROF, 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 of My commission expires STATE OF IDAHO ) )ss. COUNTY OF TWIN FALLS ) day ofOn this personally appeared PATRICIA K. DETERS, known or identified to me to be the person who subscribed said name to the foregoing instrument, and acknowledged to me that she executed the same in said name . 2006. before me, the undersigned, a Notary Public in and for said County and State. IN WITNESS WHEROF. 1 have hereunto set my hand and affixed my official seal, the day and year in this certificate firs! above written. NOTARY PUBLIC FOR IDAHO Residence of My commission expires PUD Agreement Page 18 of 18 PUD Zip : / ^ /> mmymxmm For Value Received, DON H. DETERS, a married man dealing with his sole and separate property, the Grantor, does hereby grant, bargain, sell and convey unto DON H. DETERS and PATRICIA K. DETERS, husband and wife, the Grantees, of 8026 w. Innsbrook Court, Boise, Idaho 83704, the following described premises, situated in Twin , to-wit:Falls County, State of Idaho Block If , 10, 11, 12, 13, 14, 15 Lots 1, 2, 3, 4 Lots 1, 2, 3, and 16, Block 2 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, Block 3? Lots 1, 2, 3, 4, 5, 6, and 7, Block 4; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Block 5, all in Huerta Vista Subdivision, Twin Falls County, Idaho, according to the official plat thereof recorded in Book 11 of Plats, page 51, records of Twin Falls County, Idaho. , 5, 6, and 7 4, 5, 6, 7, 8,9 f ki 14, and139 Together with all water, water rights, ditches and rights of-way for ditches thereunto belonging or in anywise appertaining. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE and TO HOLD the. said premises, with their appurte­ nances unto the said Grantees, And that Grantor, does hereby covenant to and with Grantees that the Grantor is the owner in fee simple of said premises; that said their heirs and assigns forever. r- i 1 mtEFACT, !||Cft n!- n i 1 I q 1 ■ i ct°tHc^7 I'D C;4 ' WARRANTY DEED - Page 1 b0o Attachment A ■ftN omsmmsz^--_z I N -- Sur re]*M1=if'1 1 \£J I > BII ~|LM1 i h h ; i ii f ij f /I ' 0) l/-)o*k V '25 0 SO 100 u.J Clr- IHj III 1.10.\\3 \ \ >SCALE IN FEET ,o L-—m(vy/1 6 -/-y /mm)LOCATED IN vaV M['ll n/-I'iNW* NW* SECTION 28. TOWNSHIP 10 SOUTH. 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H 'om/ ».*•* y //mKkmmrnm/- # ' // 9! \z z*Z/ 99fi i urn SHOT § Orchard Park Plazai Date: 02.07.2006 Attachment BMaster Development Plan iL. r,f THIS AGREEMENT, Made and entered into this JY ' day /f/dX , 1978, by and between LLOYD L. WATSON,of of Twin Falls, Idaho, hereinafter referred to as Seller and THE CITY OF TWIN FALLS, IDAHO, a municipal corporation, pursuant to authorization given at an official meeting of the Twin Palls City Council held on the 1st day of May, 1978, hereinafter referred to as "Buyer” FOR AND IN CONSIDERATION of the sum of Seven Thousand Three Hundred and Sixty-Four Dollars and Fifty-Five Cents ($7,364,55) by Buyer to Seller paid as hereinafter provided, IT IS AGREED: 1, SALE: Seller sells and Buyer buys real property Lot 12 and 13, Block 5, Huerta Vista Subdiv-described as: is lean, Twin Falls, Idaho. 2. PtjRCHASE PRTCE: Buyer agrees to pay Seller the total principal purchase price of Seven Thousand Three Hundred and Sixty-Four Dollars and Fifty-Five Cents ($7,364,55) as follows: (a)$4,096.55 cash, lawful money of the United States of Ameriea. (b)$3,298,00 by Buyer assuming the sole respon­ sibility for and forever relieving Seller of and holding Seller harmless from the obligation to construct curb, nutter and sidewalk along that portion of Lots 8, 9, .10 and 11 of the Huerta Vista Subdivision which adjoin Orehard Drive.It, is agreed that the obligation assumed by buyer is computed at Attachment C paae 1 of 2_ i _ the rate of Eight Dollars and Fifty Cents {$8.50} per lineal feet for each of Three Hundred and Eighty-Eight lineal feet for a f total of Three Thousand Two Hundred and Ninety Eight Dollars ($3,298.00). 3. DOCUMENTS OF TRANSFER: At the signing of this agreement, Buyer will tender to Seller the sum of $4,096.55, and Seller will convey to Buyer a good and sufficient warranty deed to the real property above described. 4. BINDING CLAUSE: It is agreed that there are no other agreements, written or otherwise, which add to or change the terms hereof and that this agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors in interest and lawful assigns. "SELLER" ' LLOYD L. WATSON "BUYER" THE CITY OF TWIN FALLS, IDAHO, a municipal corporation, -1ATTEST: w ■/ / .s’Mayor J). City^Clerk STATE OF IDAHO / > t ) } ss. County of Twin Falls) On this ///^fday of undersigned, a Notary Public in arid personally appeared LLOYD L. WATSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. __, 1978, before me, the for said County and State, IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray official seal, the same day and year in this certifi. cate first above written.Attachment C page 2 of 2 & ■i r* 20 21N.— — QBmBemre---------29 28 CL rr~"1I 0IfyiMHlLJ III t/jo 25 0 50 100 ! IV CLu/m »* mriHjiifiiU£\SCALE IN FEET ■ i.Bgaatta aa»o \Cimw sol aw>*rx°t/3 T §iifnrMjLOCATED IN il^Hf inimwrttil Uj £NW+ NW4 SECTION 28, TOWNSHIP 10 SOUTH, RANGE 17 EAST, BOISE MERIDIAN TWIN FALLS COUNTY, IDAHO 2005 t/> 5:s Q lUl’ItJI %\ :$ 3:Ito K.LJLPjg 3=I \ - I : ’ ':V - 01 tn\aum,*r-LANDSCAPING DATA O \_CRefer to the PUD Master Development Plan and the PUD Agreement for additional information. Q_t.-:/ II V- II x*m »tThis Master Landscaping Plan is conceptual / in nature. Actual layout of landscaped | areas may be subject to change as I allowed by the PUD Agreement and applicable City Code. Il \16.221 Ad.i g[I \ 'LThe required lanscaped area per Phase shall conform to the table below:. aiLiiiiiiin 1Other Landscape Area (sf) ■Street Buffer landscape Area (sf)fffffflPhase ■JA-V I11,300 19,250 I]J.Y 10,000 13,250 i•ost» ars:.r P 0• \——15,250 48,750 \uoo l r«» JZ1,200 sf36,550 81,250Total a_. /T.i , ■■ lllllJIJJlUJill IHIIIIIIIilLLim\\jTTTFnri\! N./ r.I III 11H1111 ii+ i i COrchard Park Plazai Date: 02.06.2006 Attachment DMaster Landscaping Plann © © ©?0 ©0 ©Q ©1 7 BMiaaiI ■■ |i 'i !=F 0 Food & PharmacyI ‘ - II ■ as\jriul v I199iV S X !♦ l/\./ D S' (/■KO ;_ \* l...--k w wnmTVrQDw & %a TS'!c b V:1 I)*• . M SHERWIN WILLIAMS "BLACK FOX" SW7020 STOREFRONT K.AWNHHR MEDIUM BRONZE" S HER WIN WILUAMS NOMADIC DESERT" SW6107 SHERWIN WILLIAMS RAVE RED” SW6608 SHERWIN WILLIAMS NAPERY" SW6386 SHERWIN WILLIAMS BRAINSTORM BRONZE" SW7033 0 SHERWIN WILLIAMS "RESTRAINED GOLD* SW6129 SHERWIN WILLIAMS SAND TRAP" SW6066 SHERWIN WILLIAMS BISCUIT" SW6U2 0 !©0©:0 0 0: 8 PROPOSED EXTERIOR ELEVATION ORCHARD PARK PLAZA TWIN FALLS, IDAHO wensens Tail & Associates, inc.the stores that feel like home Engineering Architecture Surveying m •LV FtiV.l • 3:r isalv. ■h -.;m S'-O”2 -4";ss<:)f>. 7'-Q11 n •Jllil i [i > 700*5 Imnijp R'ltiftnal. In: o CO I•rf »: . I ! • -J. I ^ 0%cfut%d {paxfi1 I t =? 0'-6" 1--- v*' £l -C' k*,i.vS*,06.09.2005 10747'.IF : ™o6_......D.,...C-0.bb. IVHa. & Install (5) D/F Tenant Pad Monument Signs scale: 1/2"=T-0‘ S. Carico Swansea M> w -060905 ■-C.cd- rtfFTitlh'31 sfI Tenant Cabinet: 3'-0" x 7'-0" D/F Tenant Cabinet Internally Illuminated w/ 800mA Fiourescent Lamps Cabinet to have White SG Plex Faces w/ 1st Surface Vinyl Orchard Park Plaza: Upper & Lower Portion of Cabinet to Have Routed Alum. Faces w/ Backed Plex & 1st Surface Vinyl Ea. Cabinet to be Internally Illuminated w/ 800mA Fiourescent Lamps Tenant Pad Monument Signs to match in color w/ Building & Shopping Center Signage Ljlv 06.28.2005 R3 S.Caricowin it' • tr: 1 Orchard Park Plaza Orchard Dr. & Washington St. S. Twin Falls. Idaho i • 3 m Image v*t 12-0"2-10f-•i m Ffi imv ftn.'.} 2‘-011 ‘-Q"/ • fi-i :•> :>r w. »>?;•8*-2 i *«*W10I1S •MORfMHICS^r c9 (jichand {ptvifi !?' ?005N.-st«>n;il in:. A A JTO likil r • i !■■ii. i i_J_ v-!. •- T TT?i t 06.09.2005v;IilJ-L.. aLLU lt 10747 .......D, ComI' _r ..S. Carico Mfk!-3M)9CVC cri 'W«F. T M*: . . ..CM L*; J .»; 's •v 06.28.2005 IVHa. & Install (31D/F Multi-Tenant Monument Display scale: 3/8"=V-0"■Mm R3 S.Carico 10Osf D/F Multi-Tenant Display w7 Illuminated Shopping Center Copy "Orchard Park Plaza" ID Cabinet: Cabinet to have Routed Copy Face w/ Push-Thru & Backed Copy. Cabinet to be Illuminated w./ 800mA Flourescent Lamps TENANT Cabinet: Cabinet Illuminated w/ 800mA Flourescent Lamps 6'-3" x 8'-2“ Major Tenant Cabinets Internally Illuminated w/ 800mA Flourescent Lamps & Plex Faces w/ 1st Surface Vinyl Pylon Structure painted to match Building Colors w/ Textured finish ■raw ir.r- Orchard Park Plaza Orchard Dr & Washington St. S. Twin Falls. Idaho X 2« 3 T ♦