Mou/Moa - 2007 - Cabra Creek 2007 / Construction Of Water System - 8/14/2007
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") is made and entered into this pi day of
1ft7t!! tJ 5r- ,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 wi\1 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 9
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 wi\1 be adequate
to supply the potable water needs of the SUBDIVISION; and
NOW THEREFORE, the CITY and DEVELOPER agree as follows:
I. 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 9 6-
5-23.
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K:\Planning Dept\Eagle Applications\SUBS\2006\Cabra Creek MOA fnl ver.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 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 ~ j-- ,2007, before the undersigned notary public in
and for the said state, personalJy 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
.bovo wdtt~. ~
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Notary PJ*'bI~ Id ho
Residing at: O~
My Commission Expires: D I - lJ ~. a 0 I I
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K:\Planning Dept\Eagle Applications\SUBS\2006\Cabra Creek MOA fnl verdoc
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 wi\1 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 wi\1 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 \
By ~ei k~
Tricia Flynn /
THE CITY OF EAGLE,
a municipal corporation
By~~r
Nancy . Merr' ,Mayor
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Page 2 of3
K:\Planning Dept\Eagle Applications\SUBS\2006\Cabra Creek MOA fn] ver.doc
August 14,2007
SHADOW MOUNTAIN HOMES
62 PALMBITO STREET
EAGLE, ID g:JM6
(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.
.
Peter Harris
Developer, Eagle Field
01~
Donald Flynn \
Developer, Cabra Creek
~