Development Agreement - 2008 - Bald Eagle Point - Eagle Commons - 4/1/2008
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/08108 01:07 PM
DEPUTY Patti Thompson
RECORDED-REQUEST OF
City 01 Eag Ie
AMOUNT
.00
14
11111111111111111111111111 g 111111111
108040319
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 Eagle Commons, LLC, (aka Bald Eagle Pointe), an Idaho limited liability company
("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate ("Property") consisting of
approximately 49.48 acres generally located at the intersection of State Street and Moon Valley Road,
Eagle, Idaho, 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-03-07; and
WHEREAS, the proposed development includes property within an area currently zoned RUT
(Rural Urban Transition); and
WHEREAS, the Applicant desires a R-I-DA-P (Residential up to one unit per acre with a
development agreement PUD) 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 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-I-DA-P (Residential up to one unit
per acre with a development agreement PUD) 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 8-10-1 (C)( 1 ); and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; 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
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511 A 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 R-I-DA-P (Residential up to one unit per acre with a development agreement
PUD) 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 Property shall become contiguous to property within the City prior to the City's adoption of
an annexation ordinance.
3.1.1 City and Developer acknowledge that the Property does not have a common boundary
with the corporate limits of the City as of the Effective Date. Developer shall, using good
faith efforts, work to obtain an Annexation Path. Developer's consent to annexation is
contingent on identification of an Annexation Path and adoption and publication of all
Ordinances within a time period not to exceed thirty-six (36) months from the Effective
Date. In the event that such Annexation path is not identified and all of the Ordinances are
not published within such thirty-six (36) month time period, this Agreement shall
terminate and shall be null and void unless such period of time is extended by Developer
at Developer's sole and absolute discretion by providing City notice of such extension on
or before the last day of such thirty-six (36th) month period. Such extension of time shall
be for a minimum of twelve (12) months.
3.1.2 Upon identification ofthe Annexation Path, City shall take all steps necessary to annex the
Property into the corporate limits of City, subject to terms and conditions set forth in this
Agreement and the PUD Ordinance, including publication of the Annexation Ordinance,
which publication shall be contingent upon concurrent publication of all of the
Ordinances. City shall not take any action or enter into any agreement with any state or
local governmental entity and/or agency that would limit City's ability to annex the
Property and City shall take any and all actions necessary to ensure that City's authority to
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annex the Property is not limited or prohibited in any manner.
3.2 The density for the property shall not exceed one (I) dwelling unit per acre.
3.3 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 and notice shall be provided
as may be required by the City.
3.4 The applicant's property shall be annexed into the Eagle Sewer District's boundaries and shall
comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central
District Health, prior to approval of the final plat.
3.5 Applicant shall provide a report or analysis of any proposed changes to wetlands located on the
property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish and Game Department (if applicable), the Idaho Department of Water Resources (if
applicable), Ada County, and any other appropriate government agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development
and improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands.
3.6 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. 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 the main extension shall be obtained in the name of the 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 as designated by the City Engineer where future
water system extensions are expected to occur. The developer shall enter into a "Memorandum
of Agreement" to provide sufficient water to Eagle Commons in compliance with and consistent
with the intent of the City of Eagle Ordinance No. 530 prior to adoption of an annexation
ordinance.
3.7 The applicant shall submit a revised plan illustrating the location of trees contained within the
project area. The plan shall provide detail on existing trees to be removed and those to be
preserved on-site prior to submittal of the design review application.
3.8 All development ofthe Property shall comply with Eagle City Code Section 8-2A, and be
generally consistent with the Concept Plan attached hereto as Exhibit C; provided, however, it is
the intent of this Agreement to allow flexibility at the time a detailed plan and platting are
submitted to the City so long as the general intent of the Concept Plan and the requirements set
forth in this Agreement are met.
3.9 Applicant will develop the Property subject to the conditions and limitations set forth in this
Agreement. Further, Applicant will submit such applications regarding floodplain development
permit review, design review, preliminary and final plat reviews, and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the Eagle
City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
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3.10 Development ofthe Property shall comprise two primary elements: residential and open space,
as described below.
3.10.1 Residential Development
. Up to 1.0 dwelling units per acre may be developed on the Property
. Residential development on the Property shall not exceed a total of29.57 acres.
3.10.2 Community Open Space shall comprise no less than 20% of the Property and be
developed for casual recreation. This area shall include the following:
. 13.10 acres of community open space;
. Pedestrian pathways connecting the development with the greenbelt adjacent to
the Boise River;
. Both Active and Passive Open Space as defined in Eagle City Code Section 8-6-
5-2
3.10.3 A public easement for a greenbelt pathway connecting east to west through the Property
shall be dedicated to the City of Eagle. The specific location, easement, language,
design, and construction plans of the pathway shall be approved by the Eagle City
Council prior to the City Engineer signing the final plat for the project.
3.10.4 All open space areas are subject to Eagle's design review process and standards set
forth in Eagle City Code Section 8-2A.
3.10.5 The conditions, covenants, and restrictions recorded against all portions of the property
shall contain at least the following provisions:
. An allocation of responsibility for maintenance of all community and privately
owned landscaping and amenities;
. Establishment of an architectural control board for all buildings prior to building
permit;
. An allocation of responsibility for the operations and maintenance of the
pressurized irrigation system for the Property.
3.11 Prior to issuance of and building permits, Applicant shall provide proof of adequate sewer
service to the proposed residences by causing a letter of approval to be provided to Eagle from
the Eagle Sewer District.
3. I 2 The applicant shall provide a 75 foot wide landscape common lot along State Highway 44 to
provide a buffer which shall include a minimum ten foot (10') high berm/wall combination
with extensive landscaping, and a eight foot (8') wide regional asphalt pathway as generally
depicted in Exhibit C. All buffers should be located outside a 150 foot setback from centerline
for right-of-way dedication to the Idaho Transportation Department (the "ITD"). The
landscaping, including street trees and pathways, shall be reviewed and approved as required
by the Parks and Pathways Development Committee and Design Review Board prior to
submittal ofa final plat application.
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3.13 Applicant shall obtain a license agreement from the ITD or the ACHD to allow the right-of-
way between the Property and the edge of pavement along State Highway 44 to be landscaped
by the Applicant. The license agreement shall be provided prior to the City Clerk signing the
final plat.
3.14 Pathways and pedestrian/bicycle public access connecting public roads to residential and open
space areas shall be submitted to the City of Eagle Park and Pathway Development Committee
for review and a recommendation prior to submittal of a design review application.
3.15 The applicant shall construct a center turn lane and acceleration/deceleration lanes on State
Highway 44 in accordance with the requirements of the Idaho Transportation Department
prior to the City Clerk signing the final plat.
ARTICLE IV
AFFIDA VIT 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 67-6511 A and Eagle City Code Section 8- I 0-1 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 of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10- I.
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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 thereofto any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder ofthis instrument shall nevertheless remain in full force and effect and that
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
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 ofthis agreement.
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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:
Eagle Commons LLC
1282 Braemere Road
Boise, Idaho 83702
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, ifsent 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 ~ay Of~. 2008.
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a municipal corporation organized
e law of the State of Idaho
ATTEST:
hl~_~~
<:;;;...- Sharon'K. Bergmann, City Cler
STATE OF IDAHO
OWNER:
Eagle Commons, LLC
BY.U1mQ
Jeffrey 0 an g r --
)
: ss.
County of Ada )
Sr. .
On this ~ay of ~ ,2008, before the undersigned notary public in and for
the said state, personally appeare PHIL BANDY, 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.
ST A TE OF IDAHO
County of Ada )
On this \~~ day of ~r~ \ ,2008, before the undersigned notary public in and for the said
state, personally appeared JEFF Y WOOD, MANAGER, EAGLE COMMONS, LLC, known or
identified to me to be an owner of the property referenced herein and the person(s) who executed the
foregoing instrument.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
-k(' "~ k~~~
Notary Public~r Idaho
Residing at: ~~-5L~
My Commission Expires: \- \.~-~~
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EXHIBIT A
LEGAL DESCRIPTION:
ALL THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11 AND GOVERNMENT LOTS 2 AND
3 OF SECTION 14, ALL IN TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 11 AND 14, TOWNSHIP 4 NORTH,
RANGE 1 WEST, BOISE MERIDIAN; THENCE NORTH 2.26 CHAINS TO THE TRUE POINT OF BEGINNING;
THENCE
NORTH 740 20' EAST 12.35 CHAINS; THENCE
SOUTH 13.43 CHAINS; THENCE
SOUTH 62041' WEST 13.39 CHAINS; THENCE
NORTH 0.05 CHAINS; THENCE
SOUTH 550 10' WEST 5.20 CHAINS; THENCE
SOUTH 760 00' WEST 1.32 CHAINS; THENCE
SOUTH 200 30' WEST 3.50 CHAINS; THENCE
WEST 3.13 CHAINS; THENCE
NORTH 0.02 CHAINS; THENCE
WEST 6.58 CHAINS; THENCE
NORTH 18.06 CHAINS; THENCE
NORTH 730 45' EAST 6.86 CHAINS; THENCE
NORTH 740 IS' EAST 10.27 CHAINS, MORE OR LESS TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL THAT PORTION OF THE ABOVE DESCRIBED LANDS CONVEYED TO THE STATE OF IDAHO
AS DESCRIBED IN WARRANTY DEED RECORDED AUGUST 21, 1956 UNDER RECORDER'S NO. 399176,
WARRANTY DEED RECORDED SEPTEMBER 20, 1956 UNDER RECORDER'S NO. 400579 AND QUITClAIM
DEED RECORDED SEPTEMBER 20,1956 UNDER RECORDER'S NO. 400584, RECORDS OF ADA COUNTY,
IDAHO.
AND FURTHER EXCEPTING THAT PORTION DISClAIMED TO THE STATE OF IDAHO ON JULY 22, 1991
AS INSTRUMENT NO. 9139734, RECORDS OF ADA COUNlY, IDAHO.
AND FURTHER EXCEPTING LOT 1 BLOCK 1 TEALWOOD SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, FILED IN BOOK 59 OF PLATS AT PAGES 5823 AND 5824, RECORDS OF ADA COUNTY, IDAHO.
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BALD EAGLE POINTE SUBDIVISION
Preliminary Plat
Eagle. Idaho
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I RECEIVED & FILED !
I CITY OF EAGLE
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I File:
I Route to:
L___..
FEB n 7 2007
THE LAND GROUP, INC.
,
April 26, 2006
Project No. 06039
Accretion Legal Description
2.70 acres
A tract ofland situated in a portion of the East One Half of the Northwest One Quarter of
Section 14 and the Northwest One Quarter of the Northeast One Quarter of Section 14,
Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as
follows:
Commencing at a found aluminum cap monumenting the North One Quarter Comer of
said Section 14, thence North 00045'09" East a distance of 137.71 feet to a 1/2-inch iron
pin on the southerly right-of-way of State Highway No. 44;
Thence following said southerly right-of-way, 806.77 feet following the arc of a non-
tangent curve to left, said curve having a radius of 13,810.99 feet, a central angle of
03020' 49", a chord bearing of North 77029' 51" East and a chord distance of 806.65 feet
to a found 1/2-inch iron pin;
Thence leaving said southerly right-of-way, South 00046'33" West a distance of 795.77
feet to a point on the mean high water line of the North Channel of the Boise River;
Thence following said mean high water line the following three courses:
South 63023 '37" West a distance of 151.04 feet to a point;
South 54006'39" West a distance of 125.48 feet to a point;
South 53006'50" West a distance of 104.05 feet to a found II2-inch iron pin and the
POINT OF BEGINNING.
Thence following said mean high water line the following five courses:
South 44027'24" West a distance of316.24 feet to a found 1/2-inch iron pin;
South 67037'37" West a distance of242.53 feet to a found 1/2-inch iron pin;
South 29059'42" West a distance of97.12 feet to a found 1/2-inch iron pin;
South 63016'44" West a distance of 88.68 feet to a found II2-inch iron pin;
South 37059'32" West a distance of278.96 feet to a found 1/2-inch iron pin;
Thence leaving said mean high water line, North 89014'51" West a distance of
178.07 feet to a comer of a parcel of land described in a deed recorded in Ada
County as Instrwnent No. 99029471;
Thence following the boundary line described in said deed the following five
courses:
North 21015' 09" East a distance of 231.00 feet to a point;
North 76045'09" East a distance of 87.12 feet to a point;
North 55055'09" East a distance of 343.20 feet to a point;
,
LAndscape Architecfllrt · Site Planning. Civil Engineering. GolfCollrse Irrigation & Engineering. Graphic C01?1111111ui:atiofl
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445 . www.thelandgroupinc.com
G: \2006 \ 06039\ Correspondence \Legals \ 060426_06039 _AccretionLegal.doc
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THE LAND GROUP, INC.
South 00045'09" West a distance of 3.30 feet to a point;
North 63026'09" East a distance of 526.07 feet to the
POINT OF BEGINNING.
The above-described tract ofland contains 2.70 acres, more or less, subject to all existing
easements and rights-of-way.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
,
Landscopf Arrhitfctllf'r . Sitf P/onning . Civil Enginming . Go!! COllm Irrigation & Enginming . Graphic Commllnication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 . P 208.939.4041 F 208.939.4445. wVlw.thelandgroupinc.com
G: \2006\ 06039\ Correspondence \Legals \ 060426_06039 _AccretionLegal.doc