Development Agreement - 2007 - Sylvan Woods Subdivision / Lions Gate - 3/7/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03/22/07 01:59 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
Cily 01 Eagle
AMOUNT
.00
9
1111111111111111111111111111111111111
107040543
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
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 Sylvan Wood Estate I, LLC ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 843 North
Ballantyne Lane, 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-16-
06; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition - Ada County Designation); and
WHEREAS, the Applicant desires an R-l-DA (Residential-One unit per acre with a development
agreement) zoning classification to develop a twenty-four (24) lot residential subdivision 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 allowing an R-l 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, the existing uses on
the site and the community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant'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 Applicant 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-I-DA (Residential-One unit per
acre with a development agreement) zoning designation for the Property with the requirements set forth in
this Development Agreement; and
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WHEREAS, the Applicant 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)(l); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concems 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 unit per acre with a 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 not exceed .94 units per acre.
2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project
(24-lot residential subdivision). As the Concept Plan evolves, the City understands and agrees that
certain changes in that concept may occur or be required. 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 comply with the Eagle City Code, as it exists in final form at the time a design
review application is made, including compliance with all of the conditions as provided within this
development agreement.
2.4 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries and approving the final
construction plans prior to submittal of the final plat application.
2.5 A copy of the recorded record of survey for the property line adjustment (Ada County File
#200600188) shall be provided to the City prior to submittal of the final plat.
2.6 Pay all fees associated with this development agreement prior to the City's execution of the
development agreement.
ARTICLE ill
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.
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ARTICLE IV
DEFAULT
4.1 In the event the Applicant 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 revert to the A-R
(Agricultural Residential) zoning designation unless the portion of this instrument determined to be
invalid or unenforceable is re-negotiated in good faith between the Applicant (or other appropl1ate pany)
and Eagle as an amendment to the Development Agreement processed in accordance with the notice
and hearing provisions ofIdaho 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 Applicant. 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 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 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.
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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 couIt of competent
jurisdiction located in Ada County, Idaho.
7.4 Legal Representation. Both the Applicant 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
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Sylvan Wood Estate I, LLC.
9256 S. Greenfield Road
Gilbert, AZ 85234
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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DA TED this l.,{ day Of&, 2007.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
ATTEST:
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Phi lip . Br dbent, Manager
(Sylvan Wood Estate I, LLC)
STATE OF IDAHO
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County of Ada )
On this 1~ day of /f!twJt j ,2007, 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.
iP(zo~
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STATE OF IDAHO )
: ss.
County of Ada )
On this 1 ~y of ~, 2007, before the undersigned notary public in and for the said
state, personally appeared PHILLIP E. BROADBENT, MANAGER OF SYLVAN WOOD ESTATE I,
LLC, known or identified to me to be the owner 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.
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RECE/\fECI-.iFrD::o-',
CITY OF EAGLE I
:~~te:Y I 8 2llOO _I
THE LAND GROUP, INC.
May 15,2006
Project No, 05260
Legal Description
Sylvan Wood Subdivision annexation and rezone
27.38 acres
EXHIBIT "A"
A tract of land for annexation and rezoning purposes situated in the West One Half of the
Northeast One Quarter of Section 7, Township 4 North, Range lEast, Boise Meridian,
Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the East One Sixteenth Comer of said
Section 7, and Section 6, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, thence following the easterly line of the West One Half of the Northeast One
Quarter of said Section 7, South 01011'39" West a distance of373.96 feet to the
POINT OF BEGINNING,
Thence following said easterly line; South 01011 '39" West a distance of 820,76
feet to a point;
Thence leaving said easterly line, North 88048'21" West a distance of 55,00 feet
to a point;
Thence South 11 026'33" West a distance of 102.22 feet to a point;
Thence South 57032'21" West a distance of76.46 feet to a point;
Thence South 70005'29" West a distance of 123.88 feet to a point;
Thence South 89907'18" West a distance of 56.10 feet to a point;
Thence North 78027'39" West a distance of 128.59 feet to a point;
Thence North 75009'32" West a distance of 76,74 feet to a point;
Thence North 81018'28" West a distance of97.75 feet to a point;
Thence North 23059'04" West a distance of 57.47 feet to a point;
Thence North 01016'51" West a distance of 168.85 feet to a point;
Thence North 88047'35" West a distance of353,35 feet to a point on the easterly
line of Wehr en Subdivision (arecorded subdivision on file in Book 26 of Plats at
page 1626, records of Ada County, Idaho);
Thence following said easterly line, North 01012'25" East a distance of 1,079.52
feet to a point on the northerly line of said Section 7;
Thence leaving said easterly line and following the northerly line of said Section
7, North 89027'27" East a distance of 844,81 feet to a point;
Thence leaving said northerly line, South 01011 '50" West a distance of220.00
feet to a point;
Thence North 89026'38" East a distance of 131.1 0 feet to a point;
,
Landscop' Arrbit,cf1lTl - Sih Planning -Civil Enginetring . GoIfCo1/1'SI Irrigotion & Engineering _ Graphic Communicotion
462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 - P 208.939.4041 F 208.939.4445 owww.theIandgroupinc.com
G: \2005 \ 05260\legals \LL_060515edwards_05260rezone.doc
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I RE6EiVE68..HU~C;'"'
CITY OF EAGLE
MAY 1 8 2006
File:
Route to:
THE LAND GROUP, INC.
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Thence South 11058'47" West a distance of21.21 feet to a point;
Thence South 07050'56" West a distance of 48,51 feet to a point;
Thence South 02044'42" West a distance of 48.75 feet to a point;
Thence South 00027'44" East a distance of 11,68 feet to a point;
Thence South 46029'40" East a distance of 35.78 feet to the
POINT OF BEGINNING,
The above described tract of land contains 27.38 acres, more or less, subj ect to all
existing easements and rights-of-way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
,
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Landscap. An:hit.cf1m . Sit. Plomnng . Civil Engj."'ing . GolfCo1l7'st Irrigation & Engjn"'ing . Graphic Communication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445 . www.thdandgroupinc.com
G: \2005 \ 05260\Iegals \LL_060515edwards_05260rezone.doc
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