Development Agreement - 2008 - Vigne D'aquila Properties (EXPIRED) - 6/19/2008
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 9
BOISE IDAHO 07/16/08 08:29 AM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDED - REQUEST OF
City 01 Eagle 1'218'2181'21'214
Recording Requested By and
When Recorded Return to:
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 Aquila Properties, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1964 W. Beacon
Light 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-14-07; 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 A-R-DA (Agriculural-Residential with a development
agreement) zoning classification to develop a five (5) lot residential subdivision 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 allowing an A-R 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 A-R-DA (Agriculural-Residential
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 of6
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 an A-R-DA (Agriculural-Residential with a development agreement) 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 .19 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. 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 conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in
accordance with Eagle City Code, in perpetuity.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providing water
to the system including the funding mechanism for the repair and replacement of the
pump.
(c) A section providing the formation of a homeowner's cooperative providing for the
maintenance and control of the grape vineyard area.
3.4 The applicant shall obtain a license agreement from ACHD to allow the right-of-way
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between this property and the edge of pavement along West Beacon Light Road and North
Ballantyne Lane to be landscaped prior to the City Clerk signing the final plat.
3.5 The development shall comply subject to the conditions and limitations set forth in this
Development Agreement. Further, the applicant, as applicable will submit such
applications regarding 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
Development Agreement.
3.6 Prior to the issuance of building permits for Lot 4 and Lot 5 the developer shall ensure all
existing structures (house, garage, barns etc.) shall be removed from each lot. Demolition
permits shall be obtained prior to the removal of any said structures.
3.7 Provide a Memorandum of Agreement (MOA) stating the owners of the lots within Vigne
d' Aquila shall not file a protest regarding water rights with the Idaho Department of Water
Resources against the City of Eagle for the construction of any municipal wells located
within the City of Eagle water service area.
3.8 Provide a revised concept plan showing vineyards to be located adjacent to West Beacon
Light Road prior to submitting a Design Review application.
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 67-6511A 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 ofIdaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
Page 3 of6
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 ofthe 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 of Idaho 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 of Idaho 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
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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: Aquila Properties, LLC
842 E. Winding Creek Drive
Eagle, ID 83616
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.
7.8 Authoritv 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 WITNES1W~EREOF, the parties have executed this Development Agreement.
DATED this 1t day of ~ 2008.
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By: Aquila Properties, LLC
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C Lloyd Mahaffey, Managing Member
Page 5 of6
STATE OF IDAHO )
: ss.
County of Ada )
On this ~ day of ~ ' 2008, before the undersigned notary public in and for
the said state, personally appear 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 behal f of said City and acknowledged
to me that said City executed the same.
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Notary Public fO~
Residing at: ~
My Commission Expires: ~/3011)'
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STATE OF IDAHO )
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County of Ada )
On this --L1fray of J LU\....L..- , 2008, before the undersigned notary public in and for
the said state, personally appeared C. LLOYD MAHAFFEY, known or identified to me to be the
Managing Member of Aquila Properties, LLC, that executed the within and foregoing instrument, or the
person who executed the instrument on behalf of said limited liability company, and acknowledged to me
that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written. ~p~-
Residing a~: II?4q ~.&'~~Ye. ~ ~<;.€..., \~ 83 ~
My CommissIOn Expires: I ,::,}()
Page 6 of6
RECElveo & FILED
CITY OF EAGLE
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THE LAND GROUl', INC.
June] , 2007
Legal Description
Project No. 06332
VIGNE D' AQUILA EXHIBIT "A"
Subdivision Boundary
26.22 acres
A tract ofland situated in a portion of the Southeast One Qual1er of the Southeast One'
Qual1er of Section 31, T ownshi p 5 North, Range 1 East, Boise Meridian, Ada County,
Idaho, described as follows:
Commencing at a found aluminum cap monumenting the Southwest Corner of the
Southeast One Quarter of the Southeast One Quarter of said Section 31 on the centerline
of West Beacon Light Road;
Thence following the southerly line of said Section 31 and the centerline of said West
Beacon Light Road, South 89017'31" East a distance of25.00 feet to a point, from which
a found brass cap monumenting the Southeast Corner of said Section 31 bears
South 89017'3]" East a distance of 1 ,298.23 feet;
Thence leaving said southerly line and said centerline, NOlth 00007'14" West a distance
of25.00 feet to a found 5/8-inch steel pin on the easterly right-of-way line of North
Ballantyne Lane being the POINT OF BEGINNING;
Thence following said easterly right-of-way line, North 00007'14" West a distance
of 1,252.03 feet to a found S/8-inch steel pin:
Thence leaving said easterly right-of-way line, NOIth 89024'58" East a distance of
861.30 feet to a point in the centerline of tile Farmer's Union Canal, said point
being witnessed by a found 5/8-inch steel pin that bears South 89024'58" West a
distance of 18.08 feet;
Thence following said centerline, South 22047'24" East a distance of 139.69 feet
to a point, said point being witnessed by a found S/8-inch steel pin that bears
South 00042'36" West a distance of 56.05 feet;
Thence leaving said centerline, South 00042'36" West a distance of 1,143.2 I feet
to a found S/8-inch steel pin on the northerly right-of-way line of said West
Beacon Light Road;
Thence following said northerly right-of-way line, North 89017'31" West a
distance of 898.63 feet to the POINT OF BEGINNING.
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THE I,AND GllOUl', INC.
The above-described tract of land contains 26.22 acres, more or less, subject to any
existing easements or rights-of-way.
Prepared By: THE LAND GROUP, INC.
140 RIVER VISTA PLACE
TWIN FALLS, IDAHO 83301
208-733-4041
208-733-4045 (FAX)
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