Development Agreement - 2007 - Cabra Creek - 10/10/2007
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT
80lSE IDAHO 10/22107 08:02 AM ,00 12
DEPUTY Gail Garrell 11111
~.ECORDED-REQUEST OF 11111111111I11111111I11I11111111
fly of Eagle 107143936
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 Donald and Tricia Flynn, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 767 North Linder
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-07-06; 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-2-DA (Residential-Two units per acre with a development
agreement) zoning classification to develop a twenty-three (23) 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-2 zoning designation for the Property must be limited with the use of a development
agreement 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 a R-2-DA (Residential-Two units per
acre with a development agreement)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
Page 1 of7
K:IPlanning DepllEagJe ApplicalionslSUBS\20061Cabra Creek da cc fnl ver,doc
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
This Development Agreement is made pursuant to and in accordance with the provisions ofIdaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10,
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to an R-2-DA (Residential-Two units 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 III
CONDITIONS OF DEVELOPMENT
3.1 The maximum overall density of the property shall not exceed 1.69 units per acre.
3,2 The Concept Plan (Exhibit B) 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 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.
3,3 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.
3.4 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.
3.5 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system and comply with the terms of the August 14, 2007, Memorandum
of Agreement signed by the City and the Applicant attached hereto and incorporated herein by
reference (Exhibit C), All water mains to be dedicated to the public shall only be constructed on
rights-of-way, easements, or publicly owned property. Easements or permits secured for main
extensions shall be obtained in the name ofthe City, along with all rights and title to the main at
the time service is provided to the customer paying for the extension. Water mains shall be
extended by the applicant to the boundaries of the development at locations designated by the City
Engineer future water system extension is expected to occur.
Page 2 on
K:\Planning DepllEagle ApplicalionslSUBS\20061Cabra Creek da cc fill ver,doc
3,6 The developer shall remove all structures (houses, bams, 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 and approval permits for the removal of the existing well and septic prior to submittal of
a final plat application.
3.7 The applicant shall provide a surety for the completion of the landscaping at the entrance and
within the landscape island at the entrance ofW, Rosslare Drive from N. Linder Road. The surety
shall be 150% of the estimated cost to complete the landscaping at the time of completion ofW.
Rosslare Drive as a full road section. The surety shall be submitted prior to the City Clerk signing
the final plat.
ARTICLE IV
AFFIDA VIT OF PROPERTY OWNERS
An affidavit of all owners ofthe Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall
be provided and is incorporated herein by reference,
ARTICLE V
DEFAULT
5,1 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.
5,2 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.
5.3 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 appropriate party)
and Eagle as an amendment to the Development Agreement processed in accordance with the notice and
hearing provisions ofldaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this 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 nevertheless remain in full force and effect and that
Page 3 of?
K:IPJanning DeptlEagle Applicalions\SUBS\2006\Cabm Creek da cc tnl ver,doc
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Applicants
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
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 VIII
GENERAL MATTERS
8.1 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.
8,2 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.
8.3 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.
8.4 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.
8,5 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;
Page 4 of7
K:\Planning DeptlEagle Applicatians\SUBS\2006\Cabra Creek da cc fnl veLdac
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 836]6
Owner:
Donald and Tricia Flynn
6640 N. Doub]e Eagle Lane
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 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.
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8,7 Termination, This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
8.9 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
"
ATTEST:
Applicant:
7
Page 5 00
K:\Planning DeptlEagle Applications\SUBS\2006\Cabra Creek da cc ful ver,doc
STATE OF IDAHO )
: ss,
County of Ada )
On this Ii) day of (J::1 fcitJl.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.
STATE OF IDAHO )
: ss,
County of Ada )
On this.0- day of U .i-rJlt/l/ ,2007, before the undersigned notary public in and for
the said state, personally appeared Donald Flynn, known or identified to me to be the owners of the
property referenced herein and the persons who executed the foregoing instrument.
de
Notary Public for ~
Residing at: ;S L
My Commission Expires: "-/-5Lf C)
Page 6 of?
K:IPlanning DeptlEagle ApplicationslSUBS\20061Cabra Creek da cc fill ver,doc
STATE OF IDAHO
: ss.
County of Ada )
On this -6- day Ofct~// ,2007, before the undersigned notary public in and for
the said state, personally appeared Tricia Flynn, known or identified to me to be 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.
~
My Commission Expires: ~r3'D I/.?--
/
Notary Public for~ah~
Residing at: 'm
Page 7 of7
K:\Planning Dept\Eagle Applications\SUBS\2006\Cabra Creek da cc fnl veLdoc
o
Ww
..J..J
U:CJ
o1S<(
OW
wu.
>0
Wr:
0-
wO
a:
-
5
~Z ~~
~8 :~
...-.00 :::.1
.......:;: =~
~~~i
r:i!::> ~~
~CIl ~- 0
::.t:..n --
",:l Q)
Z~!'IL. ....
-"'''-II! ~
:>! U -fl 0
~< tt a:
ll.~~
u5
~
I I i
I, I II ,1
,Pili li'lI
Iii' II 1111 Ii II
~
f-
ee
:I:
><
UJ
,
t '
.W a_. e8@~J:IlIli.
; .1,,1 I '
'!'Ildl' ,
~h 'b'.i'1 II
mlliil!i!liiH'I!
!~: IIII
'$'o! i II i
I i 1111
. ,
t.!
1l'1I
111
;,1
!-
!!!
Iii
i~
'i"1 I
.11"" .11,,'
!il/II'"' ",'1<.
.:III.llb iillil
II''' 'I!"
I!; hl:!I' : Ill'
1111111'11 II! ! iil'ld
;!I'" "! .1,',"
I'" ", ii'
1",'",1t I,"ll'
::1' '1 n/l I. I!
II" i"
l'~ h
,II
j 31i ~ ,.
rl~z~
_ ~~QZ
JI! ~ Z
hi' ~\.
I; OC 0 r
&il {~J
I Z "~
,- ~
n~
p ~Z
I W (0
.. N.
. ~.
h (0
l!i,
II Ilil!
· liillll!llllli' .
~ ~I! ~l:
~lh
f,
ii. i .', ~.
'i' II' ili, ,i
~lillhl ~illil Jlhh
;; I I ~
11 I 1-_
,. ' I -. :I - - - - I
il I .,
il .
,I r
,
I
."
..j
I!,
Ii!
,Jllli!
'I~I! *!
>.;~ hil
J lill
,ill
f Ill!
i. ~ Iii
,,' "
1/'
P
!
, ~
! ii,
: I!
,
,
,
,
:
~il
!>'
,'!
.II'
Ii
;il
pi
.II'
Ii
EXHIBIT "e"
MEMORANDUM OF AGREEMENT
rc(Q)~Y
This Memorandum of Agreement ("MOA") is made and entered into this F/ day of
IJtliltJ5r- ,2007, between the CITY OF EAGLE ("CITY") and Don and Tricia
Flynn ("DEVELOPER") to document the development of a water system to serve the
proposed Cabra Creek Subdivision located in Ada County, Idaho ("Cabra Creek" or
"SUBDIVISION").
The purpose and objective of this MOA is to document and require DEVELOPER to
construct a water system to deliver municipal water to the SUBDIVISION in compliance
with Eagle City Code Title 6, Chapter 5 Water System,
RECITALS
WHEREAS, DEVELOPER has represented that it owns certain lands located in
(Legal Description) and plans to develop and construct a SUBDIVISION, consisting of
twenty-three (23) units on such lands; and
WHEREAS, DEVELOPER is desiring to annex the lands and SUBDIVISION
into the CITY; and
WHEREAS, the SUBDIVISION will reqUire municipal water to serve the
Subdivision; and
WHEREAS, as a condition of development and annexation of the SUBDIVISION
into the CITY, DEVELOPER is required, in part, to construct a potable water system
for the purpose of serving the SUBDIVISION in order to comply with Eagle City Code S
6-5-23 and such other ordinances as may be applicable; and
WHEREAS, the CITY has applied to the Idaho Department of Water Resources
to obtain certain municipal water rights (Nos, 63-32089 and 63-32090) to supply potable
water to its customers; and
WHEREAS the parties believe that such municipal water rights will be adequate
to supply the potable water needs of the SUBDIVISION; and
NOW THEREFORE, the CITY and DEVELOPER agree as follows:
1. DEVELOPER shall, at its expense, design and construct a water
distribution system to provide potable water to SUBDIVISION and
transfer the water distribution system to the CITY. The water distribution
system shall be connected to the existing CITY water distribution system
at a point that is acceptable to the CITY. The design and construction of
the water distribution system shall be subject to the approval of the City
Engineer and Public Works Director consistent with Eagle City Code S 6-
5-23.
Page 1 of3
K:lPlanning Dept\Eagle Applications\SUBS\2006\Cabra Creek MOA fnl vcr.doc
STATE OF IDAHO
: ss.
County of Ada )
On this t:l day of ,2007, before the undersigned notary public in
and for the said state, personally peared 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.
STATE OF IDAHO
: ss.
County of Ada )
On this ~ day of ~~ f- ,2007, before the undersigned notary public in
and for the said state, personally app ared Donald Flynn and Tricia Flynn, known or identified to
me to be 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.
"
011
.'
o
.:
:
..
Page 3 00
K:\Planning Dept\Eagle Applications\SUBS\2006\Cabn. Creek MOA fnl ver.doc
2. DEVELOPER acknowledges and understands that the CITY water rights
identified above are pending approval by the Idaho Department of Water
Resources and that the issuance of the water right may be delayed or
denied,
3. DEVELOPER understands and agrees that this MOA will be incorporated
into a development agreement between the CITY and DEVELOPER as
part of the rezone approval process.
4. DEVELOPER shall not assign this MOA or any obligation under it to any
party without the written approval of the CITY.
5. DEVELOPER agrees and understands that compliance with this MOA is a
condition of approval of the final plat and that the CITY will not sign the
final plat until this MOA has been completely satisfied.
6, 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.
DEVELOPER
Donald and Tricia Flynn
By ~~----
Donald Flynn \
Bxk k~
Tricia Flynn /
THE CITY OF EAGLE,
a municipal corporation
BY~~
Nancy ,Merr~, Mayor
ATTEST:
~""'''''''''....
........ "{ 0 F B-1 .....
.... .. '\ .....0000 0'( ".
~ v...." 00 -'" .
~ ." ""ORA .0"" '.
.. "0" "...0.
. . 1": oF;".,...
. . ~ V' . :
:*: -.... :*:
. . . .
- . . .
~ \.~ SEAL~,\: i
~ tP .C'o ..... 0 ..
-:.: .;.. ...~/lOR"''1t.~.....~ I
'" -1 ~ ........ ~,..... ~....
###11 S Of \~ ......
""'11""""
Page 2 00
K:\Planning Dept\Eaglc Applications\SUBS\2006\Cabra Creek MOA fnl ver.doc
August 14,2007
SHADOW MOUNTAIN HOMES
62 PALMETTO STREET
EAGLE, ID 836\6
(208) 939-4250
Shared Pressurized Irrigation Agreement
Mike;
The developer of Cabra Creek and the developer of Eagle Field have agreed upon a cost
for Cabra Creek Subdivision to tie into Eagle Field Subdivision's pressurized irrigation.
I
Peter Harris
Developer, Eagle Field
0~~
Don~dFI~ \
Developer, Cabra Creek
~