Mou/Moa - 2007 - Amendment #1 / Eaglefield Subdivision
MEMORANDUM OF AGREEMENT
AMENDMENT 1
This Memorandum of Agreement ("MOA") is made and entered into this 13th day of
February, 2007, between the CITY OF EAGLE ("CITY") and EAGLEFIELD, LLC
("EAGLEFIELD") to document the development of water rights and wells for the proposed
Eaglefield Subdivision located in Ada County, Idaho ("Eaglefield Subdivision" or
"Subdivision"). The purpose and objective of this MOA is to require EAGLEFIELD to acquire
sufficient municipal water rights and develop sufficient wells to deliver municipal water to the
Eaglefield Subdivision in compliance with and consist with the intent City of Eagle Ordinance
No.479
RECITALS
WHEREAS, at their regularly scheduled meeting on February 13, 2007, the Eagle City
Council unanimously voted to approve this Memorandum of Agreement Amendment 1.
WHEREAS, this Memorandum of Agreement Amendment 1, dated February 13,2007,
supersedes the original Memorandum of Agreement dated, September 13,2005.
WHEREAS, EAGLEFIELD is in the process of developing and seeking to annex the
Eaglefield Subdivision into the CITY; and
WHEREAS, the Eaglefield Subdivision will require municipal water and accompanying
wells to serve the residential development in the Subdivision; and
WHEREAS, to facilitate annexation of the Eaglefield Subdivision into the CITY and the
development of the Subdivision, EAGLEFIELD is required to acquire and develop sufficient
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water rights and wells for the purpose of serving the Subdivision in order to comply with City
Ordinance No.4 79; and
WHEREAS, the CITY has filed an application for a water right No. 63-32090 that is
agreed to be sufficient for the Eaglefield Subdivision; and
WHEREAS, EAGLEFIELD has thoroughly reviewed that application, the protests to the
application, and as fully aware of the steps and procedures necessary to license the application,
and comply with City Ordinance No. 479, and agrees the application would best meet the needs
of the Eaglefield Subdivision; and
WHEREAS, EAGLEFIELD has determined that it is in its best interest to use the CITY's
application in order to meet EAGLEFIELD's obligations to provide potable water for the
Eaglefield Subdivision pursuant to City Ordinance No. 479; and
WHEREAS, the CITY has agreed to allow EAGLEFIELD to utilize the City's
application in order to acquire the necessary water rights for the Eaglefield Subdivision as set
forth in the application.
NOW THEREFORE, the CITY and EAGLEFIELD agree as follows:
1. The CITY shall proceed to license the CITY's application No. 63-32090.
EAGLEFIELD agrees to pay the CITY for the services of appropriate experts and counsel to
take all steps necessary to complete licensing of the application including meeting any
requirements required by the Idaho Department of Water Resources. Title to the water right
shall remain in the CITY's name.
2. EAGLEFIELD agrees to cooperate in all respects with the CITY in the licensing
procedure and to execute such documents as are deemed necessary by the CITY in its sole
discretion to complete the development of the water right, the development of wells, and the
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conveyance of any interest in land necessary to accomplish the objectives of this MOA.
EAGLE FIELD further acknowledges the interest of the CITY in the application and agrees to
take all steps necessary to protect and defend the CITY's interest in the application.
EAGLEFIELD further agrees to enter into a Joint Defense Agreement with the CITY with regard
to any legal proceedings involved in processing the application and to take all actions necessary
to protect communications between the CITY and EAGLEFIELD as appropriate, including all
communications between and among counsel and other parties representing the CITY and
EAGLEFIELD.
3. EAGLEFIELD shall, at its own expense, develop wells designed to meet all
municipal well requirements in accordance with all applicable laws and regulations and transfer
the same to the CITY. The municipal wells and their construction shall be subject to the
approval of the CITY Engineer consistent with City Ordinance No.479.
4. Upon the signing of this MOA, EAGLEFIELD will take all steps necessary to
guarantee that it has the authority with respect to the land where the point(s) of diversion of
water right application No. 63-32090 are located to convey such land to the CITY for the well
site and any easements necessary to provide water delivery from the welles) to the Eaglefield
Subdivision or to otherwise connect to the CITY water system as determined by the CITY
Engineer and shall convey such lands to the CITY upon notice by the CITY. Proof of such
authority shall be provided to the CITY.
5. EA G LEFIELD understands and agrees that licensing of the municipal water right
and transfer of the municipal wells and necessary easements as set forth above are an absolute
condition fef of approval of the final plat of the Eaglefield Subdivision, and the CITY Clerk will
not sign the final plat until the water right is licensed and wells are completed, all necessary
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interests conveyed to the CITY, the water right and wells are ready and able to deliver water to
the Subdivision, and all costs and expenses owed to the CITY pursuant to Ordinance 479 have
been paid to the CITY and others. EAGLEFIELD further understands and agrees that the above
described water right and municipal wells, as approved by the CITY, the Idaho Department of
Water Resources and Department of Environmental Quality, shall be the means by which
Eaglefield Subdivision is supplied potable water.
6. Where appropriate, the CITY will consider whether a cash bond, irrevocable letter
credit, or similar instrument may be acceptable to the CITY to guarantee performance by
EAGLEFIELD.
7. EAGLEFIELD understands and agrees that this MOA may be incorporated into a
development agreement between the CITY and EAGLEFIELD as part of the rezone approval
process.
8. Each party signing below attests and declares under penalty of perjury that the
party has authority to sign on behalf of the indicated entity or entities, and that the non-CITY
entities are bound by this MOA.
ELD, LLC
1 ited Liability Company
For the CITY
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Attest:
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... SHAR N BERGMANN
City Clerk
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STATE OF IDAHO )
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County of Ada )
On this ~y of ~ ,2007, before the undersigned notary public in and
for the said state, personally a eared 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.
: ss.
County of Ada )1
On this -<I day of ~ ,2007, before the undersigned notary public in and
for the said state, personally a eared PETER HARRIS, MANAGER, EAGLEFIELD, LLC,
known or identified to me to be the owner ofthe property referenced herein and the person who
executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written. ~ I. k
Notary Publk roc Id']'o /J;y
Residing at:
My Commission Expires: .~ 0
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