Development Agreement - 2004 - Sedona Creek Subddivision - 12/7/2004
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 12/15/04 01:06 PM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDED-REQUEST OF 104158351
Eagle City
8
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Great Sky Development, Inc. ("Property Owner").
WHEREAS, the Property Owner is the owner of record of certain real estate located on
the east side of Linder Road approximately 800-feet north of State Highway 44, Eagle, Idaho,
("Property"), as specifically defined in the attached legal description (Exhibit A) and as shown on
Exhibit B, which is, in part, subject of an application for rezone identified as rezone application
no. RZ-6-04; and
WHEREAS, the Property is currently located within Ada County and is zoned R2
(Residential); and
WHEREAS, the Property Owner desires an R-2-DA (Residential with development
agreement) zoning classification for the Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing an R-2 zoning designation for the Property must be limited with a
development agreement to prevent undue damage to, and to otherwise be in harmony with the
Comprehensive Plan and the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of the
Property Owner's use and enjoyment of the Property while at the same time limiting any adverse
impacts of the development upon neighboring properties and the existing community and ensuring
the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code;
and
WHEREAS, the Property Owner has agreed to the conditions set forth herein upon the use
and development of the Property and has consented to a R-2-DA (Residential with Development
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Agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
WHEREAS, the Property Owner has previously provided Eagle with an affidavit agreeing
to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
I(C)(I); and
WHEREFORE, the Property Owner and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance annexing the Property and amending the Eagle Zoning
Ordinance to rezone the property that is the subject of the application to a R-2-DA
(Residential with Development Agreement) zoning designation, after recordation of, and
subject to the provisions of this Development Agreement. The ordinance will become
effective after its passage, approval, and publication and the execution and recordation of this
Development Agreement.
ARTICLE IT
CONDITIONS OF DEVELOPMENT
2.1 The Property will be developed in accordance with the approval granted by Ada County for
application # 01-04-ZCIOI-05-S (Sedona Creek Subdivision). The City of Eagle shall honor
all development approvals granted by Ada County for Sedona Creek Subdivision and shall
not seek to impose any additional subdivision requirements or subject the development of
the property, as approved by Ada County, to any standards or regulations which are
inconsistent with those under which said approvals were granted. It is understood and agreed
by the parties, however, that upon and after annexation, the Property and the use thereof
shall be subject to the general police power of the City of Eagle, to the extent the exercise
thereof shall not conflict with the provisions of this Development Agreement.
2.2 The following provisions from the Ada County Sedona Creek subdivision approval shall
continue apply to the Property after it is annexed into the City of Eagle:
. The building setbacks shall be as follows: Front - 25-feet, Rear - 20-feet, Side - 5-feet,
Street Side - 20-feet.
. Accessory buildings with guest quarters are permitted as stated within Section 5.04 of
the Master Declarations of Covenants, Conditions, Restrictions and Easements for
Sedona Creek subdivision.
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ARTICLE ill
AFFIDA VIT OF PROPERTY OWNERS
3.1 An affidavit of all 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 and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Property Owner fails to comply with the commitments set forth herein,
within thirty (30) days of written notice of such failure from Eagle, Eagle 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
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle 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.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 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 remain R-2 (Residential) zoning designation unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between the Property
Owner (or other appropriate party) and Eagle as an amendment to the Development Agreement
processed in accordance with the notice and hearing provisions of Idaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
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 Property Owner. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
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with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the 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 Property or portion thereof.
ARTICLE vn
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 Idaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
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 neuter 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 Ada County, Idaho.
7.4 Legal Representation. Both the Property Owner and Eagle acknowledge that they each have
been represented by legal counsel in negotiating this Development Agreement and that
neither party shall have been deemed to have been the draftor of this agreement.
7.5 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, 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
below;
Eagle:
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners:
Great Sky Development, Inc.
5699 North Riffle Way
Garden City, ID 83714-9011
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Or such other address 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 sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 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.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7-years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 1..i:iì.. day of ~004.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
ATTEST:
(..1Q C. _\.-d - ~ ~
Sharo~ K. Bergmann, City Cler
N @~ ' . I, ayor
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Great Sky Deve pment, Inc.
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By:
STATE OF IDAHO)
: ss.
County of Ada)
On this1-l:/:L day of ~ W/Ýr\~ 2004, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
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Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
STATE OF IDAHO)
: ss.
County of Ada)
On this L day of ~, 2004, before the undersigned notary public in and for
the said state, personally appeared JOHN G. EVANS, VICE PRESIDENT, GREAT SKY
DEVELOPMENT, INe. known or identified to me to be an owner of the property referenced
herein and the person(s) who executed the foregoing instrument.
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CxHIBlt
"A "
Sedona Creek Subdivision
Eagle Annexation Description
June 2004
A parcel of land situate in the northwest quarter of the southwest quarter of Section
12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Beginning at the west quarter corner of said Section 12, which is the Resl Point of
Beginning:
Thence S89°20'28"E, 1,322.29 feet along the northerly boundary of
the northwest quarter of the southwest quarter of said Section 12 to the
northeast corner of the northwest quarter of the southwest quarter of said
Section 12;
j
Thence SOoo38'26'W, 1,251.06 feet along the easterly boundary of
the northwest quarter of the southwest quarter of said Section 12;
Thence N89°20'28"W, 850.55 feet along a line parallel to the
northerly boundary of the northwest quarter of the southwest quarter of
said Section 12;
Thence NOoo39'32"E, 267.91 feet;
Thence N89°20'28'W, 475.00 feet along a line parallel to the
northerly boundary of the northwest quarter of the southwest quarter of
said Section 12 to the westerly boundary of the northwest quarter of the
southwest quarter of said Section 12;
Thence NOoo49'31 "E, 983.15 feet along the westerly boundary of
the northwest quarter of the southwest quarter of said Section 12 to the
ReslPomtofBegmnm~
Comprising 35.111 acres, more or less.
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EXNIß I r "B"
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City of Eagle Annexation
Sedona Creek Subdivision
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C Property to be annexed