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Development Agreement - 2007 - Chester SUB DA (AKA CATALPA) - 5/24/2007 Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 06/07/07 01:46 PM 1111I1111111I DEPUTY Neava Haney 111111111111111111 \ 11111 RECORDED-REQUEST OF 107081229 Eagle City AMOUNT ,00 7 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 ofIdaho ("Eagle"), by and through its Mayor, and Dave Callister ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 2421 and 2650 North Meridian 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-23-06; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural Urban Transition. Ada County designation); and WHEREAS, the Applicant desires a R-E (Residential, up one unit per two acres) zoning classification to develop a Residential use 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 any Residential project 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 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-E (Residential, up Page I of6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006IRZ-23-06 & A-I7-06 Ch,,,,, d, doc to one unit per two acres) zoning designation for the Property with the requirements set forth in this Development Agreement; and 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- 1(C)(I); and WHEREFORE, the Applicant 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-E (ResidentiaL UP to one unit per two acres) 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 development shall comply with the Eagle City Code, as it exists in final form at the time a building permit is submitted, along all with all of the conditions as provided within this development agreement. 2.2 The maximum overall density of the property shall not exceed one (1) unit per two (2) acres. 2.3 Any homes constructed on the site shall be constructed with sewer stubs to be located at the foundation of the house, on the street side. 2.4 All residences shall be required to connect to central sewer when it becomes available. 2.5 Upon redevelopment of this site, the driveway access to the existing barn at 2650 North Meridian Road shall be abandoned. The driveway shall be removed prior to the issuance of any building pennits for new homes within any subdivision on the property. 2.6 Upon connection to central water, the existing wells for the property located at 2650 North Meridian Road and 2421 North Meridian Road shall be abandoned. Central District Health Department approval is required for the abandonment of the existing wells on the property. Page 2 of6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006IRZ-23-06 & A-I7-06 Ch",,,d, doc 2.7 The existing structures located at 2421 and 2650 North Meridian Road shall be required to connect to central water upon failure of wells. 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 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 oflaw 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 RUT (Rural Urban Transition - Ada County zoning designation unless the portion ofthis instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant (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 Page 3 of6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006IRZ-23-06 & A-I'-06 Ch,,,,, d, doc 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 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 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 Page 40f6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006IRZ-23-06 & A-I7-06 Ch",,, d, doc below; Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owner: Dave Callister 3681 North Locust Grove Road, Suite 100 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~ay o~, 2007. .............. ~., -....... ~~~~... 01/ ~_ ~.<< ~~ 'T..._ r ^ "<< ~~~ ~ ILt/~...V", ~ ~lq b. '\~~.. ! "0/ ~ 'L _~o: :0.<' i.~: ;<\~ .\~e f-i . ~. ~ ~ ,ot:. .~.v~ .;:;~.. ~ 0 -.. 0.) ..." i ##., --( .......... ...... "'. ../. J:J . .,~~ ~" ,.' ",......"" CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ATTEST: .J..Q ~ 0 l:' /?JP~.-/ Sharorl K. Bergmann, City Clerk -----, ) ~,,~ By: /'.' '-////~ EOwner's)' , Page 5 of6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006IRZ-23-06 & A-I7-06Ch,,'" d, doc STATE OF IDAHO ) : ss. County of Ada) On this ~day of ~~ ,2007, before the undersigned notary public in and for the said state, personally appeared ANCY 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 \XJd~~J have hereunto set my hand and seal the day and year first b. .... \\l:.R L. ~'~ a ove written. ~......'\ ....... q J- .- ,-. . ~ ~~~ ~~ ~ i ~l -,-oTA~J- \ ~ . ~ . . . . i : ! . c. \ ,bUB\.\ ~ .. It 1. <1'... ......0 It iII>.. #" v, ",...-11'8 OF \~"'... STATE OF IDAHO )~ : ss. a. County of Ada) On thisU day of1~~ ,2007, before the undersigned notary public in and for the said state, personally appear ~'f CJlliiit , known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. Page 6 of6 K:IPlanning DeptlEagle ApplicationslRZ&A 12006\RZ-23-06 & A-J7-06 Ch",,, d, doc ~~,~~,~vvu v;~J pn ~AVt '!I'UU'! tax berver a~!_ ~ EXHIBIT A RECEIVED & FILED 1 CITY OF EAGLE Nav 1 3 2006 File' Rout;to' '- LEGAL DESCRIPTION: GOVERNMENT LOT 4 LOCATED IN A PORTION OF THE NORTHWEST QUARTER OF SEmON 6, TOWNSHlP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADfI COUNTY, IDAHO. EXCEPTING THEREFROM: THE NORTH 400 FEET THEREOF. ALSO EXCEPTING THEREFROM: A PORTION OF GOVERNMENT LOT 4 LOCATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE. 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTHWEST QUARTER OF SECTlON 6, WHICH BEARS SOUTH 89057'30" WEST A DISTANCE OF 2425.02 FEET FROM THE NORTH QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH 0003'30": EAST 400.00 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHWEST QUARTER OF SEmON 6, TO A POINT, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE NORTH 89057'30. EAST 1107.34 FEET ALONG A LINE PARAlLEL TO AND 400 FEET SOUTHERLY OF THE NORTHERLY BOUNDARY OF SAID NORTHWEST QUARTER OF SECTION 6 TO A POINT ON 1l1E EASTERLY BOUNDARY OF GOVERNMENT LOT 4; THENCE SOUTH 1023'05" EASlIBO.oo FEET ALONG THE EASTERLY BOUNDARY OF GOVERNMENT LOT 4 TO A POINT; THENCE SOUTH 89057'30" WESiBB9.47 FEET ALONG II LINE PARALLEL TO AND sao FEET SOUTH OF THE NORTHERLY BOUNDARY OF SAID NORTHWEST QUARTER OF SEmON 6 TO A POINT; THENCE SOUTH 0003'30" EAST 87.00 FEET ALONG A LINE PARALLEL TO AND 219.00 FEET EASTERLY OF THE WESTERLY BOUNDARY OF SAID NORTHWEST QUARTER OF SECTlON 6 TO A POINT; THENCE SOUTH 89057'30" WEST 219.00 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SAID NORTHWEST QUARTER OF SECTION 6; THENCE NORTH 0003'30" WEST 267.0Q FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NORTHWEST QUARTER OF SECTION 6 TO THE REAL POINT OF BEGINNING.