Development Agreement - 2008 - Flaherty/Harrison 1651 N Meridian Rd - 1/30/2008
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 09/18/08 03:52 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eagle City
AMOUNT
.00
9
1111111111111111111111111111111111111
108104461
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, Julie Harrison, and Janet Flaherty. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 1651 North
Meridian 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-21-
06; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition); and
WHEREAS, the Applicant desires a R-E-DA (Residential Estates with Development Agreement)
zoning classification to develop a single-family residential development 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 the proposed use on 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 with
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)(I); 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 67-6511A 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 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 III
CONDITIONS OF DEVELOPMENT
3.1 The maximum overall density of the property shall not exceed .40 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 development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made, including compliance with all of the conditions as provided within this
development agreement.
3.4 The houses on both lots shall be connected to the United Water system prior to the City Clerk
signing the lot split record of survey.
3.5 Provide a revised site plan showing a meandering, detached five foot (5') wide concrete
sidewalk (meeting ADA standards), no closer than eighteen feet (18') from the centerline of
North Meridian Road. The site plan shall be reviewed and approved by Staff prior to
construction of the sidewalk. The applicant shall construct the sidewalk prior to the City Clerk
signing the lot split record of survey. If the applicant locates any portion of the sidewalk
outside of the public right of way, the developer shall provide to the City the recorded
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easement granting the allowance for public use and access on the portions of the sidewalk
located outside of the public right of way.
3.6 The developer shall remove all structures from the site that do not comply with the setbacks of
the R-E (Residential Estates) zoning district regulations prior to the City Clerk signing the lot
split record of survey. Demolition permits shall be obtained prior to the removal of any said
structures.
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 8-10-1.
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.
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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
8.1 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.
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 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.
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 East Civic Lane
Eagle, Idaho 83616
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Owner:
Julie Harrison
1655 N. Meridian Road
Eagle, Idaho 83616
Janet Flaherty
1651 N. Meridian Road
Eagle, Idaho 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 if by 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.
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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
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ATTEST: "'" ct TE """,
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'-'"Sharorl-K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
an xlstmg un e laws of the State of Idaho
By:
Phi Bandy, Mayor
Applicant:
By:
J
By:' L
Janet Flaherty, Owner
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STATE OF IDAHO )
: ss.
County of Ada )
On this _ day of , 2008, before the undersigned notary public in and for
the said state, personally appeared 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 3il day of 1""o...\f\Uo. 'ribu ,2008, before the undersigned notary public in and for
the said state, personally appeared JULIE HA SON, known or identified to me to be 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. ,',...........",
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Notary Public for Idaho
Residing at: Eo.. CA \ e
My Commission Explres: h )(~
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STATE OF IDAHO )
: ss.
County of Ada )
On this ~ day of ~YA'(\ UCJ\.'f. ~ ' 2008, before the undersigned notary public in and for
the said state, personally appeared JANET FL HERTY, known or IdentIfied to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WJlliRl!64i~,I have hereunto set my hand and seal the day and year first above
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A portion of the Northeast quarter Southeast quarter, Section 1, Township 4 North, Range;
West. Boise Meridian, Ada County, Idaho, more particularly described as follows: i Houte to:
LEGAL DESCRIPTION
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EXHIBIT "A"
OCT 0 3 20~J
Beginning at the Southeast corner of said Section 1; thence
North 1331.00 feet along the East line of said Section 1 to the Southeast corner of the said
Northeast quarter which is the REAL POINT OF BEGINNING; thence
West 212.86 feet along the South line of said Northeast quarter to a point in the Dry Creek
Canal; thence
along the centerline of said canal as follows:
North 22016' West 287.06 feet to a point
North 31046' West 103,38 feet to a point; thence
North 42018' West 313.80 feet to a point; thence
leaving said canal. East 587.25 feet to a point on the East line of said Section 1; thence
South 585.63 feet along the East line of said Section 1, to the REAL POINT OF BEGINNING.
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