Development Agreement - 2008 - Nyborg 660 N Ballantyne Lane - 4/30/2008
*(2ti- !<.<;.c.OQ(J 7i) IJRov /IJ/" Cy.H 11'3115
ADA COUNTY RECORDER I "4VID NAVARRO AMOUNT .00 7
BOISE IDAHO 05l1310B O~ ~M
DEPUTY Vicki Allen
RECORDED-REQUEST OF
City 01 Eagle
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P,O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05128108 12:55 PM
DEPUTY Danlelle Boulette
RECORDED-REQUEST OF
City of Eagle
AMOUNT
.00
9
1111111111111111111111111111111111111
{)n 108061857
f'J{ - t2e c orcfRd
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 Jeoffery and Colette Nyborg ("Owner").
WHEREAS, the Applicant is the owner of record of certain real estate located at 660 N.
Ballantyne Lane, 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-20-07; and
WHEREAS, the proposed development includes properties within an area currently zoned A-R
(Agricultural-Residential); and
WHEREAS, the Applicant desires an R-E (Residential-Estates) zoning classification to develop a
single family residential dwelling on a portion of the above described property, which is herein referred to
as the "Property"; and
WHEREAS, the property has existed has two (2) separate parcels since 1997 and the CC&R's for
Baker's Acres Subdivision were amended to recognize the two (2) separate parcels by the Homeowner's
Association in 2001; 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 with the use ofa 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 Owner 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-DA (Residential-Estates with a
Page 1 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
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)(l); 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 67-6511A 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-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 ill
CONDITIONS OF DEVELOPMENT
3.1 The maximum overall density of the property shall be one dwelling unit per two acres.
3.2 The Concept Plan 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.
3.3 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
3.4 The applicants shall be required to work with adjacent property owners to the north to complete a Lot
Line Adjustment for Lot 15 and Lot 16, Block 1 of Baker's Acres Subdivision. The applicant shall
submit a preliminary plat application for the re-subdivision of the southern half of Lot 15 and Lot 16,
Block 1 to be reviewed and approved by the City prior to an adoption of an ordinance to rezone the
Nyborg Property. Failure to submit a preliminary plat application to the City within six (6) months
from the date of approval of a rezone shall cause all approvals of said rezone to be null and void.
3.5 The applicant and applicant's successors and/or assigns hereby agree to indemnify, defend and hold
harmless the City against any and all liability, claims, suits, losses, costs and legal fees caused by
applicant's negligent actions and/or willful misconduct in the approval of this rezone.
Page 2 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
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 8-10-1 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 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.
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 ofthe 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 Applicant (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.
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
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
Page 3 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
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 ofthe 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 vm
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 ofldaho Code Section 67-6509, as required by Eagle
City Code Section 8- 10- I.
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 ofldaho 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;
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Jeoffery & Colette Nyborg
5291 W. Silver Lake Lane
Boise, Idaho 83703
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.
Page 4 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
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.
8.8 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DA TED this3Q. day of ~, 2001.
""':'J.":" ......
.,,~ ~O ~ Y'./.S "'1
~~?.-.. "
~ 001-.0';"'\ ~
lIli v ~~ ~ ~, * -:.
... J.; ~ t1r..~ -:.
I ~ eI ~? :
= O.~ .' ("}J :
: ~ , 0 ni
-. ....~.....
~ e. oP "-J ~
':0. * ..1lJ.v"6 '."'c" I
... "0'"
ATTEST .. ........ '\..~ ,"
: ..... fl1D"'a '?.....
....., . ........
STATE OF IDAHO )
: ss.
County of Ada) ~
On thi~~: of 1', ""'- 200!, before the undersigned notary public in and for
the said state, personally appeared PHIL BA Y, 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.
Page 5 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
.,...........,
!fl...." 't" E R L, -###I!
.... L..t- ......... ~t. I!I!
~ ......v . e. r""^ ....
:' """ ..- e. V ':..
f l ~OTA.t)o .,{(\ ~
- . .
: : ...... :
. . .
; .ollBL\(,S
.tP. ~
....", Olt
I!... .., 1'. ~ ,"
I!I!I!#I! 11 OF \0 ~ ."..
.#<< .""
I...........
~~~.~
Notary Public for Idaho 11-
Residing at: f~
My Commission Expires: (D / 3011 ~
I
STATE OF IDAHO )
: ss.
County of Ada )
On this 2. T,A day of A.?t"i I , 200~, before the undersigned notary public in and for
the said state, personally appeared JEOFFERY NYBORG, known or identified to me to a the owner of the
property referenced hereil}-and the persons w.ho execut~d the foregoing instrument.
A--~ ry'/v.c.r~d beJ.o- e IY\e \ Co IQ-t;e Nrkr..,.
rN'WITNESS WHEREOF, I have hereunto set m1hand and seal the day and year first above
written. :\\\\\" " ""'III/. ~ ~
~"\'\ ~ G I\'.e- 1'/'0z ~
~ "..~ ......... k", ~ -
~ l-..- .. u~ ~ '
~ ~.. A b e. ~ U
::: ... 0 1: ~ r'" ~ .;NO blic forIdaho
.:::::~ ~::: -d* :/2....... '1'
= : _._ : == Rest mg at: L4.y se-. .-rV
% \. PfJB~\C/ 0 g My Commission Expires: /t::."""-r-r 7:J-6. JrH)
~ tP e. .. ~;:::
;.z .?> '" ,,' ~ ~
~ <1 ....... \) ,,- ~
all FE; Or \ ~,~
1/// \\\'\
/1/1//11111\\\\\
Page 6 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl ver.doc
STATE OF IDAHO )
: ss.
County of Ada )
On this :ls,-J day of 4?r~ I , 20~, before the undersigned notary public in and for
the said state, personally appeared COLETTE NYBORG, known or identified to me to a the owner 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. \\\\\Illlll"",,/,'/. .... /,..~/?. ~
~", 01 "II: 7"'" / "
~ ~~ ,,~~/ ~., ,/
~ ~ ........ ~ ~ /. -
~ ~ .... .... tf> ~ _ ;
.:::: ~'. 't A~' '- /.
~ I~O r"" ~ Notary Public for Idaho
== i _e- 1 == Residing at: R/J'e I 7D
:::. .r. \ PUB1- \c .-: 0 ~ My Commission Expires: -)~I'\""''''"", .)6 ') Vi ~
.::::, v'", ". ..' ,,,,,- ~ /
~"". .- """". ~
'l --1 F ......... ~ '?" ~
~///II E 0 F \ \\\\\V:-"
1///1'1/" II 11111\
Page 7 of7
K:\Planning Dept\Eagle Applications\RZ&A\2007\RZ-20-07 da cc fnl veT,doc
EXHIBIT "A"
-
::D ,..LED
IF EAGLE
. .-....,
o 3 2007
File:
Route to:
A gust 07, 2007
PROPERTY DESCRIPTION
NYBORG REZONE
A-R to R-E
Property located in the NW ~ ofthe SE ~ ofthe NE ~ of Section 07, Township 4 North,
Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows;
The South 305 feet of Lots 15 and 16 of Bakers' Acres Subdivision, records of Ada
County, Idaho, including right of way to the centerline of Hereford Drive and Ballantyne
Road.
This properties contains 4.78 acres, more or less, and is subject to any easements existing
or ill use.
~z
o
Ww
....J-l
li:G
cijifj
OlL
g!O
-> (.!)
Wr- :::>
0- <C
wO
a:
Co
I-
en
I
><
W
,.....
C)
C)
'"
en
C)
o
-
Ql
-
Qi ::s
= 0
u..a:
..c
L() ::J
~oo
+-' (J) (J)
q Q) Q)
....... s.... s....
'+-UU
o <( ro
a(J)~
tWC\J
O~
o..~
<J)
c ()
.Q a5
.....-0
ctl ._
() en
o <J)
- ....
x 3
e <J)
o..c
0.._
<( 0 I
I
I
I
______________1
o
C")
C")
,90€
..c
CO ::J
~ 00
+-' (J) (J)
0 Q)
.....J Q) s....
s.... U
'+- U ro L()
0 <(
CO 0
C C")
0 (J)C\J
o- s.... 0
t Q)C\J
O~
0.. ro
CO
^eMa^!JO
SDu!pl!nS-lnc
awoH 6U!lS!X3
z
<(
.....J
a..
W
.....
00
W
Z
o
N
W
0:::
(9
0:::
o
CO
>-
Z
=11\11 I 1\1\-rl,WC