Development Agreement - 2007 - Thompson Acres - 6/11/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/02107 OB:27 AM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eagle City
AMOUNT
.00
11
1111111111111111111111111111111111111
107093852
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 ofIdaho ("Eagle"), by and
through its Mayor, and C and C Development, LLC, ("Owners").
WHEREAS, the Owners are the owners of record of certain real estate located at 1425
East Beacon Light Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) and as shown on (Exhibit B) which is the subject of an application for
Rezone identified as Rezone Application No. RZ-02-06; and
WHEREAS, the proposed development includes property within an area currently zoned
RUT (Rural Urban Transition); and
WHEREAS, the Owners desire an R-E-DA (Residential Estates 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-E-DA (Residential
Estates 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)(l); 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
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
property that is the subject of the application to an R-E-DA (Residential Estates 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 .453 units per acre.
2.2 The Concept Plan (Exhibit A) 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 applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along Beacon Light Road to be
landscaped prior to the City of Eagle signing the final plat.
2.4 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.
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2.5 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
prior to the submittal of the final plat. Each lot within the proposed subdivision shall use
and be connected to central sewer.
2.6 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the
City of Eagle's municipal water system. The water main size, to be determined by the
City Engineer at the time of the final plat review, shall be dedicated to the public and
shall only be constructed on rights-of-way or easements. Easements or permits secured
for the main extension shall be obtained in the name of the City, along with all rights and
title to the main at the time of service is provided to the customer paying for the
extension. Water mains shall be extended by the applicant to the north, east, and west
boundaries of the development or as otherwise designated by the City Engineer where
future water system extensions are expected to occur.
2.7 The applicant shall upsize the potable water line being constructed within the development
from eight inch (8") to twelve inch (12") in diameter in lieu of submitting the remaining
payment in the amount of twenty-four thousand dollars ($24,000.00), to the City of Eagle,
to fulfill the Eagle Municipal Water Service Area Fee for this project. The City shall
reimburse the applicant eleven thousand dollars ($11,000.00) for the cost of the materials
and installation of the upsized line for the amount that exceeds the aforementioned credit.
2.8 A twenty foot (20') wide public access easement for a pathway, to be constructed by the
developer, connecting the south property line to Vizcaya Way shall be dedicated to the
City of Eagle free of all liens and encumbrances. The specific location and design of the
pathway shall be approved by the Design Review Board prior to the City accepting a final
plat application for the property.
2.9 At the terminus of the twenty foot (20') wide public access easement, a bridge crossing
Dry Creek shall be constructed by the Developer. The specific location and design of the
bridge shall be approved by the City Engineer at the time of final plat review. The
applicant shall obtain all necessary easements and shall receive approval from the Army
Corp of Engineers for the bridge construction. Upon completion, the easement of
sufficient width to include the bridge, and title to all improvements constructed thereon,
shall be given by the Developer to the City free of all liens and encumbrances.
Thereafter, the Developer shall have no further obligation with respect to the repair and
maintenance of said bridge, nor any liability for any use made thereof by the City. If the
developer cannot obtain the necessary easements required to construct the bridge, the
developer shall obtain written bids from contractors indicating the cost of the bridge and
its installation at the site. The developer shall deposit one half of the accepted bid
amount (not to exceed twenty-five thousand dollars $25,000.00) into the City of Eagle
Parks and Pathways Development Committee account for future bridge construction by
the City. The bridge shall be constructed by the Developer or the money shall be
deposited into the City of Eagle Parks and Pathways Development Committee account
prior to the issuance of a Certificate of Occupancy for the first single-family dwelling unit
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within the subdivision.
2.10 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to
the City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the
removal of said structures.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
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 67-65llA
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 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 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
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 of this 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 ofIdaho Code Section 67-6509, as required by Eagle City Code
Section 8-10-1.
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ARTICLE VI
ASSIGNMENT AND TRANSFER
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 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 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 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
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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 East Civic Lane
Eagle, Idaho 83616
Owner:
C and C Development, LLC
Attn: Chad Longson
827 Bridgeway Place, Suite 110
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 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.
7.8 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by
the parties, and the performance of their covenants and obligations therein, the parties
acknowledge such action has been duly authorized by all necessary corporate (or
LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the
undersigned representatives to sign this Agreement and so bind their respective parties.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this JL day oJu It ~ ,2007.
ATTEST:
J1 (M-<.Q. ~ r?-u2~~
Sharon K. Bergmann, City Cler
CITY OF EAGLE, a municipal corporation
orgapized and existing under the laws of the State of
Idah~j G ,
By: !( '.
Nancy C Merril Mayor
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By:
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STATE OF IDAHO )
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County of Ada)
On this / / day ofJ /,/fLi..-, ,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.
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STATE OF IDAHO )
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County of Ada)
On ,Ii;, -I~ay of ~/ ,2007, b,fore th, und'''';gnod no""" publi,;n and fo,
the said state, personally appe ed CHAD LONGSON, PRESIDENT, C AND C
DEVELOPMENT, LLC, 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 the day and year first
above written.
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Apr 05 07 0314p
Chad Longson
">"13-319-2300
p6
EXHIBIT "A"
A PORTION OF GOVERNM... _ _ _ '. V~ OF THE NORTHEAST If.
OF SECTlON 4, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, AVA COUIfTY, IDAHO
A PORTION OF GOVERNMENT lOT ONE AND A PORTION OF ruE SOUTli Y2 OF THE NORTHEAST Y.
OF SECTION 4, TOWNSHIP" NORTH, RANGE 1 EAST, BOlSE MERlDlAN, ADA COUNTY, IOAHO
COUI'fTY, MORE PARTICULARlY DESCRIBED AS FOLLOWS;
BEGINNING AT A FOUND BRASS CAP MONUMENT MARKING lliE NORTHEAST CORNER OF SEcrlON
4, TOVllNSHIP 4 r.ORlli, RANGE 1 EAST, BOISE MERIDIAN, FROM WHICH A FOUND BRASS CAP
MONUMENT MARKING THE EAST ~4 CORNER OF SAID SECTION BEARS 00"29'30" EAST, A
DISTANCE OF 2,597.76 fEET;
TtIENCE ALONG THE NORTHERLY BOUNDARY OF SECTION 4, NORTH 89038'29" WEST, A DISTANCE
OF 5'44,56 FEET (FORMERLY WEST, A DISTANCE Of 33 RODS) TO WE NORTHERLY CORNER
COMMON TO PROPERLY DESCRIBED IN BARGAIN AND SALE DEED INS1RUMENT NUMBER 821387
AND ROCKEr BAR SUBDMSION;
THENCE ALONG THE COMMON BOUNDARY OF SAID PROPERTY ANO SUBDIVISION, SOUTH
00"'29'4{)" EAST.A DISTANCE OF 36.55 FEET TO A POrNT ON THE CENTER UNE OF THE FARMERS
UNION CANAL. THE TRUE POINT OF BEGINNING, FROM WH1CH A SET 5/8 INCH REBAR WITH
Pl.ASl1C CAP STAMPED "flSl PlS761Z" BEARS 50lJTli 00029'40" EAST, A DISTANCE OF 20.00
FEET;
THeNCE COlffiNUING AlONG SAW BOUNDARY SOUTH OOO;a!)',\o" EAST, A DISTANCE OF 2,561.l6
FEETTO A FOUND 518 INCH REBAR WITH NO CAP, SET PL.ASl1C CAP STAMPED "FlSI PLS 7612",
MAIOONG THE SOUTHE!U..Y CORNER COMMON TO PROPERTY DESCRIBED IN BARGAIN AND SALE
DEED INSTRUMENT NUMBER 821387 AND ROCKET BAR SUBDMSrON, AND LYING ON THE EASr-
WEST CENTER LINE OF SECTION 4;
THENCE ALONG SAID CENTER UNE, NORTH 69038'13" WEST, A DISTANCE OF 1,945.74 FEET TO
iHE SOUTHEASTERLY CORNER OF tOT 18 LOS LUCEROS ACRES SUBOIVISIDN;
THENCE AlONG THE EASll:RlV BOUNDARY OF SAID LOS LUCEROS ACRES SUBDIVlSION THE
FOLLOWING COURSES AND DIsrANCES;
NORTH 20031'30. EAST, A DISTANCE OF 1,400,89 FEET TO A FOUND 5/8 INOi REBAR WITH NO
CN', SET PLASTIC CAP STAMPED 'FlSI PLS 7612";
SOllTH 89035'28 EAST, A DISTANCE OF 66M5 FEET TO A FOUND 5/8 INCH REBAR WITH NO CAP,
SET PlASTIc CAP STAMPED "FlSI PlS 7612";
NORTH 00019'52" WEST, A DISTANCE OF 1,282.93 FEET (FORMERlY NORTH, A DISTANCE OF 80
RODS, MORE OR LESS) TO THE NORlHERlY CORNER COMMON TO PROPERTY DESCRIBED IN
BARGAIN AND SALE DEED INSTRUMENT NUMBER 821387 AND LOS LUCEROS ACRES SUBDIVISION,
LYING ON THE NORTHERLY 80UNDARY OF SECDON 4; .
THENCE AlONG SAID BOUfltDARY SOUTH 89033'29" EAST, A DISTANCE OF 5S.41 FEET TO ITS
IWTERSECTION WITH lliE CEttrER LINE OF THE FARMERS UNION CANAL SDUTH fl.T THE
BEGINNING C" A NON-TANGENT CURVE TO THE lEFT, FROM WHICf-I A SET 5/8 INCH REBAR WJn-I
PlA5Trc CA.' -AMPEO "FLSI F'l..S7612" BEARS SOUTH 17016'01" WEST, A DISTANCE OF 22,50
FEET;
THENCE ALONG SAID CENTER LINE OF THE FOllOWING COURSES ANt) DISTANCES:
AlONG SAID CURVE TO THE LEFT HAVING A LENGTH OF 387_07 FEET, fA. RADIUS OF 1,029.09
FEET, A CENTRAL ANGLE OF 2]033'03", TANGENTS OF 195.85 FEET, AND A LONG CHORD WHlCH
BEARS SOUTH 63030'31" EAST, A DISTANCE OF 384.BO TO A PDINT, fROM WHICH A SET S/8 INCH
REBAR. WTn-i PLASTIC CAP STAMPED "RSI PLS7612"l!ifARS SOUTH ()4017'O2" EAST, A DISTANCE
Of 2l.S0 FEET;
EJG\ 16'11 A "'0 t:E'loL>
P. '!)f fj#...
Apr 05 07 0314p
Chad Longson
208-319-2300
p.?
SOlJTH 89017'55" EAST, A DISTANCE OF 123.75 FEET TO A POINT, fROM WHICH A SET SIB INCH
REBAR. wtni PlASTIC CAP STAMPED "RSI PlS7612" BEARS SOUTH 02035'35" WEST, A DISTANCE
OF :22.50 FEET;
SOUTH 85030']5" EAST, A DISTANCE OF 42.20 FEET TO A POINT, FROM WHICH A SET 5/B INCH
REBAR wrrn PlASTIC CAP STAMPED 'FlS1 PlS7G12" BEARS SOUTH 05"09'16" EAST, A DISTANCE
OF 20.00 FEET;
NORTH 84050'44" EAST, A DISTANCE OF 66.33 FeET TO A POINT, FROM WHIOf A SET 5{8 INCH
REBAR WITH PlA511C CAP STAMPED "FLSI PLS7612" BEARS SOUTH DS"O'Y16" EASf, A OISTANCE
OF 2().oO FEEf; E TRUE POINT OF BEGINIIIING
NORTH 89.19'53" E:AST, A DlSTANCEOF 109.80 FEETTOTli
APN: 5-0504-11-0300; s-<l504-1+2200
nl L_wn a~' 1425 E. Beaton Ullht Road, Eagle, ID 83616
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