Development Agreement - 2006 - Gladstone Subdivision - 3/16/2006
ADA COUNTY RECORDER J. DAVIO NAVARRO AMOUNT .00 10
BOISE IDAHO Om06 01:39 PM
m:E~~~~~~~~08F 1111111111111111111111111111111111111
Eagle City 106048455
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 indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Gemstar Development, LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 2511 E.
Hill Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description
(Exhibit A and as generally shown on Exhibit B) which is the subject of an application for
Rezone identified as Rezone Application No. RZ-17-05; and
WHEREAS, the proposed development includes property within an area currently zoned
RUT (Rural Urban Transition); and
WHEREAS, the Owner desires an R-4-DA (Residential 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 Owner has 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-4-DA (Residential
with development agreement) zoning designation for the Property with the requirements set forth
in this Development Agreement; and
WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit
the Property to a Development Agreement pursuant to Eagle City Code Section 8-1O-1(C)(l); and
WHEREFORE, the 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 amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to an R-4-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 II
CONDITIONS OF DEVELOPMENT
2.1 The maximum overall density of the property shall be 2.46-dwelling units per acre (17 single
family units).
2.2 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.
2.3 The Concept Plan (attached hereto as Exhibit C) 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 change in the Concept Plan,
notice shall be provided as may be required by the City.
2.4 The development shall be designed to provide for eight foot (8') wide planter strips adjacent
to all interior streets.
2.5 The development shall provide berming along East Hill Road in accordance with Eagle City
Code Section 8-2A-7(J)(4)(a) or an Alternative Method of Compliance Application shall be
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submitted for review and approval.
2.6 The applicant shall remove all structures from the site prior to the issuance of any building
permits for the site. Demolition permits shall be obtained prior to the removal of said
buildings.
2.7 The Property shall have no direct access to East Hill Road.
2.8 The banks of the New Dry Creek Canal shall be maintained free of weeds and debris by the
Home Owners Association of the subject development.
2.9 The applicant shall remove all non-conforming structures from the site within 180-days
after the execution of this agreement.
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 IV
DEFAULT
4.1 In the event the 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
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unenforceable, the remainder of this instrument shall terminate and the zoning of the property
shall revert to the R-3 (Residential) zoning designation unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between the 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 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 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
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 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.
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7.4 Legal Representation. Both the 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
Owner:
Gemstar Development, LLC
Scott Noriyuki (Project Manager)
228 E. Plaza Drive Suite I
Eagle, Idaho 83616
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 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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this J..!L day ofllh%h, 2006.
CITY OF EAGLE, a municipal corporation
orglJ,nized and existtg under the laws of the State of
Ida~< . ~
By: ;7
By:
anager
GEMS TAR DEVELOP
I
County of Ada)
On this 1k day of mQyc11 ,2006, 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.
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STATE OF IDAHO )
: ss.
County of Ada)
On this ~y of ~'V\..; , 2006, before the undersigned notary public in and for
the said state, personally appeared SCOTT NORIYUKl, known or identified to me to be Project
Manager for Gemstar Development, LLC, the owners of the property referenced herein and the
persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. C 1. \ ~ /
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Sep 07 05 10:33a
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EXHIBIT "A"
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IDAHO
SURVEY
GROUP
\
RECEIVED. ,~ILED
CITY OF EAGLE
SEP 0 8 2005
File:
Route to:
P ne (208) 846-8570
(208) 884-5399
Project No. 05-218
September 6, 2005
Gladstone Subdivision
A parcel ofland located in the SW 1/4 of the SE 1/4 of Section 10, TAN., R.IE.,
B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the
1/4 corner common to Section 15 and the said Section 10, from which the Southwest
comer of said Section 10 bears North 89041 '31" West, 2651.08 feet, said comer common
to the Southeast corner of Chaumant Subdivision No.3, and the Northwest corner of
Great Sky Estates Subdivision No.4, as same are recorded in Book 81 of Plats at Page
8757, and Book 79 of Plats at Page 8400, respectively;
Thence along the East line of said Chaumant Subdivision No.3 and Chaumant
Subdivision No.2, as same is recorded in Book 77 of Plats at Page 8176, North
00024'47" East, 857.10 feet to the centerline ofE. Hill Road;
Thence along said centerline South 67020'44" East, 283.30 feet;
Thence South 22057'49" West, 107.08 feet;
Thence South 29025'26" East, 283.32 feet to the most westerly comer of Great
Sky Estates Subdivision No.7, as sanle is recorded in Book 84 of Plats at Page 9386,
records of Ada County, Idaho;
Thence along the southwesterly line of said subdivision South 28027'07" East,
461.22 feet to a point on the North line of said Great Sky Estates Subdivision No.4;
Thence along said line North 89042'48" West, 584.77 feet to the Point of
Beginning. Containing 6.92 acres, more or less.
Professional Land Surveyors
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