HomeMy WebLinkAboutCanyon Park West 1 PUD recorded 05-17-00 (#219) Ayo df�
j CANYON PARK WEST NO. 1
C-1 PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this /,5L-4 day of ����w � , 2000, by
j and between the CITY OF TWIN FALLS, a municipal corporation, State of Idaho (hereinafter
called "City"), and CRAIG NEILSEN (hereinafter called "Developer") whose address is 550
Blue Lakes Blvd, Twin Falls, Idaho 83301.
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 Exhibit "A" attached hereto, which land is bounded by
Blue Lakes Boulevard North to the East and Canyon Springs Road to the West (hereinafter
"Property"): and
WHEREAS, Developer intends to develop and/or sell all or portions of the Property from time to
time; and
WHEREAS, Developer has made request of the City to develop a commercial subdivision
("Project") on the Property and has submitted to the City'a master plan attached in Exhibit `B"
hereto of which has been approved for the development as a "C-1 PUD" by the Planning and
Zoning Commission and the City Council of the City; and
WHEREAS, City, by and through its City Council, has agreed to the developer of said land
within the City of Twin Falls, Idaho, subject to certain terms, conditions and understanding,
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 agrees as follows:
1. NATURE OF THE AGREEMENT This agreement shall become part of the "C-1
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 It is agreed by the parties hereto that
certain language and requirements pertaining to the "C-1"zone shall be interpreted as follows:
A. COMMON AREA AND HOME OWNERS ASSOCIATIONS AND
MAINTENANCE. There is no requirement for common area within the Project. In the
event a cominon area is created for the benefit of the property owners and tenants, a
property owners' association shall be established for the maintenance and care of Ahe
common area. Twin Falls County, Idaho
Recorded for;
TWIN FALLS, CITY OF
09:34am May 17,2000
1 2000 -007374
No. of Pages: 11 Fee: $33.00
ROBERT S. FORT
Ex—Officio Recorder
Deputy: CD
C�41)a�
B. USES. The use language of the underlying "C-l" and "CRO"zones shall
apply with regard to permitted uses, special uses, and prohibited uses on the Property or any
portion thereof.
C. PHASING OF DEVELOPMENT.. Developer shall be permitted to
develop the property in phases. So long as those phases are in compliance with the Master Plan,
this PUD Agreement, and an approved preliminary plat, approval for each phase may be
obtained by submission of a technically correct final plat for each phase to the City Council. The
designation and location of specific uses and buildings on the Master Plan are conceptual and
minor changes therefiom shall not provide basis for disapproval of any final plat. There shall be
a maximum of three (3) years between phases Lidless the City grants approval of an extension of
time.
3. STREET, SEWER, WATER AND DRAINAGE IMPROVEMENTS. Developer
shall be responsible for the design and construction of street, sewer, water and drainage systems
on the Property (hereinafter "Improvements") as described herein in accordance with City
standards.
A. IMPROVEMENT PLANS. Developer shall, as to each phase of its
development, file or cause to be filed with the City a complete set of plans for that development
phase, showing all Improvements contemplated within that phase of the development
(hereinafter "Improvement Plans"). The Iimproveiment Plans and all Improvements shown
thereon shall meet the approval of the City, which approval shall be given if such plans conform
with published City requirements.
B. IMPROVEMENT DESIGN AND CONSTRUCTION. Developer shall cause
to be designed, constructed and installed, in accordance with the approved Improvement Plans
and at its expense, all Improvements shown on the Improvement Plans. Notwithstanding the
foregoing, nothing in this agreement shall prohibit City participation in the cost or financing of
improvements on the Property if mutually agreed to by the parties hereto.
C. PHASED CONSTRUCTION. Developer may install the Improvemments all at
once or in phases. Developer shall provide the City with written notification of when and of
what phases of said Improvements it intends to complete at that time; and agrees to make such
modifications and/or construct any temporary facilities necessitated by such phased construction
work as shall be required and approved by the City, which approval shall not be Lunreasonably
withheld.
D. CONSTRUCTION SUPERVISION. Developer shall use a qualified
construction engineer or supervisor to supervise the construction, inspection and testing of the
work as necessary, to ensure that all such Improvemments are constructed in accordance with the
approved Improvement Plans.
E. NON-COMPLIANCE. In the event any of the requirements with regard to
the installation of said Improvements are not complied with, the City shall give written notice to
Developer of said non-compliance. Developer shall cure said non-compliance within thirty days
of its receipt of notice (or, in the case of non-commpliance that will take in excess of thirty days to
cure, Developer shall commence to cure within thirty days of receipt of notice and diligently
pursue the same to completion). In the event Developer fails to cure said non-compliance in the
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manner set forth hereinabove, the City shall have the right to withhold the issuance of any future
building permits and certificates of occupancy within 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 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 City all applicable fees if
any, with regard to the installation of Improvements pursuant to 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.
4. PLATS. Developer agrees to file with the City a preliminary plat, prepared by a
registered professional engineer, 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-way the City agrees to accept herein and in
the Standard Developers Agreement. It is agreed that said plats and any amendments thereto
must first be approved by City.
5. INDIVIDUAL PARCEL DEVELOPMENT CRITERIA. The property or any
portion thereof shall be developed in accordance with criteria set forth in this Section 5.
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 drawings and specifications and shall first be approved by
City and meet City standards, which approval shall not be unreasonably withheld.
B. BUILDING SETBACKS. All buildings on lots adjacent to Blue Lakes
Boulevard North and Fillmore Street are to be constructed with minimum setback as required to
meet the Twin Falls City Code 10-7-6 and Twin Falls City Code 10-4-8.3(D1).
C. LANDSCAPING. Perimeter landscaping 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 for the proposed
vegetation. Such landscaped perimeter shall be installed from the back of the curb in the public
right-of-way along Blue Lakes Boulevard North, Fillmore Street and the public interior streets to
be constructed within the Project, and shall be extended to the dimensions set forth below.
The depth of the landscaped perimeter on Blue Lakes Boulevard North shall be a
minimum of thirty-five feet (35') from the back of the curb and a minimum of twenty feet (20')
from the back of the curb on all other streets.
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Each property owner shall maintain the landscaping on his property and in the public
right-of-ways adjacent thereto. Not withstanding the forgoing, in the event Developer chooses to
designate certain landscaped areas and other areas as "common area", Developer shall have the
right to create an association which shall be responsible for the maintenance of"common area".
D. LANDSCAPING PLAN. At the time of development, each parcel shall be
landscaped to include the following: Fifty percent (50%) of the lineal footage of street frontage
of landscaping shall have berms with a ridge elevation of at least eighteen inches (18") in height
with at least fifty percent (50%) of the berining having a minimum ridge elevation of thirty
inches (30") in height. The landscaped perimeter shall have a minimum of one tree per five
hundred (500) square feet of landscaped area and a minimum of one shrub per one hundred (100)
square feet of landscaped area. At least fifty percent (50%) of the shrubs and trees shall be
evergreen. Trees and shrubs may be grouped but not over seventy-five feet (75') between such
groupings. All trees shall have a height of at least four feet (4') when planted. In addition to the
foregoing, each individual parcel must also satisfy the landscaping requirements of the
underlying "C-1" and"CRO" zone.
E. BUILDING STANDARDS. Buildings and improvements shall comply with
the following standards.
1. Outside Storage. Refuse and outside storage areas shall be visually
screened from streets and adjacent properties. All such areas shall be located to the rear of the
building or to the side of a building, other than street side.
2. Utilities. All on-site utility service lines, including electrical lines
and telephone lines, located within a parcel shall be placed underground. Any transformer or
terminal equipment provided within or immediately adjacent to the parcel shall be visibly
screened from the view from streets,with appropriate screening material.
3. Architectural.
a. Building Colors: Building exterior colors shall be muted
earth tones, provided, however, that accent colors other than muted earth
tones may be used if they do not create continuous vertical or horizontal
stripes and will not cover more than 10% of the exterior wall surface. The
accent colors may be used around doorways, windows and architectural
projections as a contrast to the muted earth tones and shall not dominate
the color scheme of the building.
b. Exterior Materials: Building exterior materials should be
stone, architectural masonry, EIFS, architectural metals, brick, wood,
architectural concrete and other materials as may be approved by the
Architectural Control Committee.
C. Architectural Style: Architectural style shall be consistent
with the master plan.
d. Glass: Glass shall be of a non-reflective finish.
e. Lighting: All area lights shall be shielded to preclude
exposure of the light source from adjacent streets and adjacent properties.
Neon accent lighting shall be subtle and compatible with the building
architecture.
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f. Building Height: Building height shall conform to the
restrictions in the Canyon Rim Ordinance.
g. Signage: Signage shall conform to the restrictions in the
Canyon Rim Ordinance.
h. Compliance with Canyon Rim Ordinance: To the extent
not defined above, all other development and improvements shall comply
with the Canyon Rim Ordinance to the extent any portion of the Property
is within the boundaries of the Canyon Rim Overlay.
F. CODES. All construction on the Property shall be to the standards
established by applicable codes.
G. CONTROL DURING DEVELOPMENT OF INDIVIDUAL PARCELS.
Developer shall maintain control during development of the property or any part thereof,through
the use of deed restrictions to be recorded referring to the required development criteria
contained herein.
6. ACCESS TO CANYON SPRINGS RD., FILLMORE ST., PERRINE ST. AND
BLUE LAKES BLVD. NORTH. Developer and subsequent property owners agree to limit the
number of accesses to Canyon Springs Rd to one (1) access and on Fillmore St. and Perrine St.
as shown on the Master Plan (Exhibit `B"). There shall be no accesses to Blue Lakes Blvd
North. except Canyon Springs Rd., Fillmore St. and Perrine St.
7. WIDENING OF CANYON SPRINGS ROAD. Developer hereby agrees to
convey to the City, as part of the final platting for phases abutting Canyon Springs Road, the area
under the Developer's control, part of the development of phases abutting Canyon Springs Road.
Canyon Springs Road shall be widened at the Developer's expense pursuant to the Standards
Developer's Agreement, bringing Canyon Springs Road improvements to current City standards.
Any future widening shall be handled outside the scope of this agreement.
8. TIME LIMITATION. "C-1 PUD" zone designation on the property described in
Exhibit "A" attached hereto is expressly conditioned upon submission to the City Council of a
final plat of the first phase within one (1) year from the date hereof.
9. STANDARD DEVELOPER'S AGREEMENT. It is understood and agreed by
the parties hereto that it shall be necessary for Developer to execute City's Standard Developer's
Agreement.
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.
B. ENTIRE AGREEMENT. This agreement constitutes the entire
agreement between the parties concerning the property and improvements described herein, and
no amendment or modification to this agreement shall be valid or effective unless reduced to
writing and signed by the parties.
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C. APPLICABLE LAW. This agreement shall be constructed 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
addresses 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:
DEVELOPER Craig Neilsen
Attn: J.D. Sparks
550 Blue Lakes Blvd.North
Twin Falls, ID 83301
CITY City of Twin Falls
P.O. Box 1907
321 Second Avenue East
Twin Falls, ID 83301
E. SUCCESSORS AND ASSIGNS. This agreement shall be binding
upon the successors, assigns and legal representative of the parties hereto. Except for the
obligation of Developer set forth in Paragraph 5.G, transfer of all or a portion of the Property
shall create a novation releasing the transferee from obligations under this agreement with
respect to said transferred property.
F. SEVERABILITY In the event any portion of this 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 thereby.
G. SIGNATORIES. Each of the persons executing this agreement
hereby represent and warrant 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.
H. EFFECTIVE DATE. This "PUD" agreement shall become valid and
binding only upon its approval by City, through its City Council, and upon its execution by the
Mayor and Developer.
I. ATTORNEYS FEES. In the event that either party should be required
to retain an attorney because of the default or breach of the other or to pursue any other remedy
provided by law, that party which prevails in any litigation shall be entitled to a reasonable
attorney's fee.
J. CONSTRUCTION. Should any provision of this Agreement require
judicial interpretation, the Court interpreting or construing the same shall not apply a
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presumption that the terms hereof shall be more strictly construed against one party, by reason of
the rule of construction that a document 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 hereof.
K. ATTACHMENTS. All attachments and recitals are incorporated
herein and made a part hereof as if set forth in full.
L. CAPTIONS. The captions, section 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.
IN WITNESS WHEREOF, the City has affixed its seal and caused these
presents to be executed by its Mayor on the date above written.
CITY OF TWIN FALLS
BY•
CRAIG NEILSEN
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ACKNOWLEDGEMENTS
STATE OF IDAHO )
)ss.
COUNTY OF )
On this day of , 2000, before me the undersigned, a
Notary Public in and for said State and County,personally appeared
laiown to me to be the of
Twin Falls, the municipal corporation that executed the within and foregoing instrument, and
acknowledged to me that such municipal corporation 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 of
My Commission Expires
STATE OF NEVADA)
)ss.
COUNTY OF )
On this day of 2000, before me personally
appeared to me personally known,
who, being by me duly sworn, did each for herself say that she is an authorized attorney-in-fact
for that certain individual laiown as
by virtue of authority granted by said individual and that the within instrument was executed by
him for and on behalf of said individual.
NOTARY PUBLIC FOR NEVADA
Residence of
My Commission Expires
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EXHIBIT "A"
Legal Description
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Lots 1, 2, 3, 4 and 5, Block 1
Lots 1, 25 3, and 4, Block 2, CANYON PARK WEST NO. 1
SUBDIVISION, a Planned Unit Development, Twin Falls County, Idaho,
according to the official plat thereof recorded in Book 16 of Plats, page 20,
records of Twin Falls County, Idaho.
EXHIBIT "B"
AA NO a
Po
On this day of 0-4� , 2000, Craig H. Neilsen directed Connie
Wilson, in his presence as well as our own, to sign the foregoing document as
"Craig H. Neilsen". Upon viewing the signature as signed by Connie Wilson and
in our presence, Craig H. Neilsen declared that he adopted it as his own
signature.
Witness
Witness
STATE OF NEVADA )
ss.
COUNTY OF CLARK )
a Notary Public in and for said
county nd state, do hereby certify that Craig H. Neilsen personally appeared
before _ and is known or identified to me to be the person whose name is
subscribed to the within instrument. Craig H. Neilsen, who being unable due to
physical incapacity to sign his name or offer his mark, did direct Connie Wilson to
sign the foregoing document as "Craig H. Neilsen". Craig H. Neilsen, after
viewing his name as signed by Connie Wilson thereupon adopted it as his own
by acknowledging to me his intention to so adopt as if he had personally
executed the same.
IN WITNESS W REf F, I have hereunto set my hand and official seal this
day of , 2000.
W
� tary PublicResiding at �
Commission Expires
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