Development Agreement - 2005 - 1501 Floating Feather - 11/17/2005
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/21105 01:15 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eagle City
AMOUNT
.00
7
1111111111111111111111111111111111111
105177086
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 indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and
through its Mayor, and Park Hampton LLC, and Calhoun Declaration of Trust ("Owners").
WHEREAS, the Owners are the owners of record of certain real estate located at 150 I
Floating Feather Road and 1601 Floating Feather Road, Eagle, Idaho, ("Property"), as
specifically defined in the attached legal description (Exhibit A) which is the subject of an
application for Rezone identified as Rezone Application No. RZ-09-05; and
WHEREAS, the proposed development includes property within an area currently zoned
A-R (Agricultural-Residential District); and
WHEREAS, the Owners desires an R-I-DA (Residential One with Development
Agreement) zoning classification to develop a single family residential development on the above
described property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of the proposed use upon the Property must be limited to prevent undue
damage to, and to otherwise be in harmony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of 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
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WHEREAS, the Owners have agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to an R-I-DA (Residential
One with Development Agreement) zoning designation for the Property with the requirements set
forth in this Development Agreement; and
WHEREAS, the Owners have previously provided Eagle with an affidavit agreeing to
submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
1(C)(1); and
WHEREFORE, the Owners 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 amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to an R-I-DA (Residential One 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 II
CONDITIONS OF DEVELOPMENT
2.1 The maximum overall density of the property shall be one (1) dwelling unit per acre.
2.2 The Concept Plan represents the Owner's current concept for completion of the project. As
the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due
to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan, notice shall be provided as may be required by the
City.
2.3 The development shall be designed to provide for ten-foot planter strips adjacent to all
interior streets.
2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
2.5 The residence to be constructed on Lot 11, Block 1, as indicated on the preliminary plat
submitted for Covenant Hill Subdivision, date stamped by the City on July 20, 2005, shall be
limited to one-story in height.
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ARTICLE III
AFFIDAVIT 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 N
DEFAULT
4.1 In the event the Owners 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 oflaw or equity to enforce any provision ofthis
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 revert to the A-R (Agricultural-Residential District) zoning designation unless the
portion ofthis instrument determined to be invalid or unenforceable is re-negotiated in good
faith between the Owners (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 Owners. 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
with the land. This Development Agreement shall be binding on the Owner and owners, and
their respective heirs, administrators, executors, agents, legal representatives, successors, and
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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 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 ofIdaho 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 ofIdaho in effect at the time ofthe 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 Owners 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
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Owners:
Park Hampton LLC
1601 W Floating Feather Road
Eagle, Idaho 83616
Calhoun Declaration of Trust
415 East Carlton Avenue
Meridian, Idaho 83642
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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 upon the signing and
execution of this agreement by both parties.
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 {7~ay of No V ,2005.
CITY OF EAGLE, a municipal corporation
r~ypfili'St"t'Of
Nancy . Me , Mayor
ATTEST:
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Sharon K. Bergmann, City lerk
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Park Hampton LLC
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Robert L. Wood, Member
Calhoun Declaration of Trust
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STATE OF IDAHO )
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County of Ada)
On this } 7 day of NOVi 1"16~"" , 2005, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the
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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the yand year first
above written.
Notary Public for Idaho
Residing at: ~A~) t'
My Commission ExpIres: 7-.J. ~ - 0 8
STATE OF IDAHO )
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County of Ada)
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On this ~ day of QI/t ".~2005, before the undersigned notary public in and for
the said state, personally appeared ROBERT L. WOOD, MEMBER, PARK HAMPTON LLC,
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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IN WITNESS WHEREOF, I have here 0 set my hand and seal the day and year first
above written.
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STATE OF IDAHO )
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County of Ada)
On this Jl day of N Ov , 2005, before the undersigned notary public in and for
the said state, personally appeared FLOYD D. CALHOUN, TRUSTEE, CALHOUN
DECLARATION OF TRUST known or identified to me to be an owner of the property
referenced herein and the person(s) who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal ~he "' and year first
above written. ~ 1. ~
Notary Public for Idaho
Residing at: c=A ~ Ie. ..
My Commission E pires:
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