Development Agreement - 2008 - Dry Creek Estates - 6/16/2008
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 9
BOISE IDAHO 07/16/08 08:29 AM
DEPUTY Vicki Allen 1111111111111111111111111111111111111
RECORDED - REQUEST OF
Ci tv 01 Eag Ie 108081002
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 Mark and Deborah Wald. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 2641 N.
Edgewood 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-Ol-
08; and
WHEREAS, the proposed development includes properties within an area currently zoned A-R
(Agricultural-Residential); and
WHEREAS, the Applicant desires a R-E-DA (Residential-Estates with a development agreement
zoning classification to develop a two (2) lot residential subdivision on the property 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 R-E 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-E-DA (Residential-Estates - One (1)
unit per two (2) acres with a development agreement) 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 ofIdaho 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 the Residential- Estates District ("R-E-DA"), 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 owner shall submit a Design Review application for the site (as required by the Eagle City Code),
and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance
of a certificate of occupancy.
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 and notice shall be provided as may be required by the City.
3.3 The residential dwelling unit located at 2641 N. Edgewood Road shall be allowed to remain at its
current location. The front yard setback for the dwelling located at 2641 N. Edgewood Road is forty
three feet (43 '). Should the dwelling be replaced the new dwelling shall meet the setback requirements
for the R-E (Residential-Estates-up to one unit per two acres) zone.
3.4 The accessory structure adjacent to the southern property line shall be allowed to remain at its current
location. The side yard setback for the accessory structure located adjacent to the southern boundary
line at 2641 N. Edgewood Road is twelve feet (12'). Should the accessory structure be removed or
replaced, a new accessory structure shall meet the setback requirements for the R-E (Residential
Estates-up to one unit per two acres) zone.
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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 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 8-1 O-I.
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 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
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
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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 ofldaho 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 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: Mark and Deborah Wald
2641 N. Edgewood Road
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.
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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 this J..L.taay of ~, 2008.
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~ ~~ .t-~E ~ 0 ~ By:
~ ~ ~~'$o '"
i ~I f ,~~ < \ Phil Bandy, Mayor
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By:0/#1ahdt/ld/-
Deborah Wald
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STATE OF IDAHO )
: ss.
County of Ada )
:J.#. ~
On this --JJl- day 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
STATE OF IDAHO )
: ss.
County of Ada )
On this) ~ay of ~ ' 2008, before the undersigned notary public in and for
the said state, personally appear MARK W ALD, 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.
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STATE OF IDAHO )
: ss.
County of Ada )
. ~ ..:s ~-lI
On this ~ day of ... -- , 2008, before the undersigned notary public in and for
the said state, personally appeared DEBORAH W ALD, 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: ~-\Uc:. ~
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EXHIBIT "A"
~ Unlimited Boundaries, Inc. dbaAI
Land Surveying & Civil Engineering
1103 W. Main 8t.
Middleton, Idaho 83644 J
208-585-5858 · 208-585-9001 Fax _..
nr:Cf:i\/ED e. FILED
CITY OF EAGLE
REZONE DESCRIPTION JAN 2 4 2008
FOR File: _
MARK WALD Route to: -
-
The following describes a Parcel of Land being Lot 2, Block 3 of Rocket Bar Subdivision
as filed for Record in Book 26 of Plats at Page 1636, Records of Ada County, Idaho
lying in a portion of the NE X of Section 4, T4N., R1 E., BM., Eagle, Ada County, Idaho,
more particularly described as follows:
Commencing at the Northeast Corner of said Section 4, marked by a Brass Cap;
Thence along the Northerly Boundary Line of the NE X of said Section 4, also
being the Northerly Boundary Line of said Rocket Bar Subdivision, South
89039'22" West, 544.58 feet to the Northwest Corner of said Rocket Bar
Subdivision;
Thence leaving said Northerly Boundary Lines, and along the Westerly Boundary Line
of said Rocket Bar Subdivision, South 01021 '23" East, 405.63 feet to the
Northwest Corner of said Lot 2 marked by an iron pin, the POINT OF
BEGINNING:
Thence leaving said Westerly Boundary Line, and along the Northerly Boundary Line of
said Lot 2, and its Prolongation, North 88038'37" East, 544.50 feet to a point on
the Centerline of North Edgewood Road, also being the Easterly Boundary Line
of the Northeast X of said Section 4;
Thence leaving said Northerly Boundary Line, and its Prolongation, and along the
Centerline of North Edgewood Road, also being the Easterly Boundary Line of
the Northeast X of said Section 4, South 01021'23" East, 400.00 feet to a point
on the Prolongation of the Southerly Boundary Line of said Lot 2;
Thence leaving the Centerline of North Edgewood Road, also being the Easterly
Boundary Line of the Northeast X of said Section 4, and along the Southerly
Boundary Line of said Lot 2, and its Prolongation, South 88038'37" West, 544.50
feet to the Southwest Corner of said Lot 2, marked by an iron pin;
Thence leaving said Southerly Boundary Line, and along the Westerly Boundary Line of
said Lot 2, North 01021 '23" West, 400.00 feet to the POINT OF BEGINNING:
The above described parcel of Land contains 5.00 Acres, more or less.
LHK 9391-01_Rezone Page 1
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