Development Agreement - 1993 - Eagle Wing Development - 4/23/1993
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DEVELOPMENT AGREEMENT
For Eaqle Winq Development
This Development Agreement is entered into this ~ day of
April, 1993 by and between the City of Eagle, hereinafter referred
to as the "City" and Bill Korby doing business as Korby Construc-
tion Company hereinafter referred to as the "Developer", both of
Ada County, state of Idaho.
WHEREAS, the City has tentatively approved a development known
as Eagle Wing Development which provides for 60 two-bedroom
condominium units, subject to certain conditions; and,
WHEREAS, the Developer has made certain assurances as to how
the Eagle Wing Development shall be constructed and maintained;
NOW, THEREFORE, in consideration of the promises, covenants,
and agreements herein contained, it is mutually agreed between the
parties as follows:
1. That the Developer agrees to submit the Eagle Wing
Development to the terms of this Development Agreement. The term
"Developer" includes Bill Korby doing business as Korby Construc-
tion Company, as well as each subsequent owner of the property
DEVELOPMENT AGREEMENT--1
described on Exhibit "c" and every other person acquiring an
interest in the property.
2. That the Eagle Wing Development shall be limited to 60
two-bedroom condominium units.
3. The allowed use for which application has been made is a
residential development under R-15 zoning.
4. The concept plan for the Eagle Wing Development is
attached hereto as Exhibit "A" and incorporated herein as if set
forth in full. Exhibit" A" contains a description of the density
sought and describes the location of the structures on the
property. The maximum height of the structures shall be 30 feet
tall. The square footage of each of the structures shall be no
more than 4,500 square feet.
5. The Developer shall commence construction of the Eagle
Wing Development no later than August 1, 1993.
6. The Developer agrees that failure to comply with the
commitments in this Development Agreement shall be deemed a consent
to rezone the use to the pre-existing zone.
7. That the Eagle Wing Development shall be developed
consistently with the fourteen (14) conditions of approval from the
City of Eagle, which conditions are attached hereto as Exhibit "B"
and incorporated herein as if set forth in full.
8. The real property upon which the Eagle Development will
be situated is described in Exhibit "C" which is attached hereto
and incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT--2
9. The validity, meaning and effect of this Contract shall
be determined in accordance with the laws of the state of Idaho
applicable to contracts made and performed in that state.
10. This Agreement shall be binding upon and inure to the
benefit of the heirs, administrators, executors, personal represen-
tatives, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, The parties hereto have hereunto set their
hands the day
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and year first above written.
CITY OF EAGLE
a rnun~,i al c~rar=on
By ~
Mayor
KORBY CONSTRUCTION C~
By t#~~
BILL KORBY 'V -~
~~L-C~, -/
STATE OF IDAHO
ss .'
County of Ada
On this ~3 day of April, 1993, before me, the under-
signed, a Not~ry Pub~ic in and for sa'd State, ersonallyappeared
~JJ.L) ~ and as
Mayor and city Clerk of the CITY OF EAGLE, known to to b he
persons whose names are subscribed to the within inst ument, and
acknowledged to me that they executed the same on behalf of the
CITY OF EAGLE.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written. ~
:A~?~~
Not ry Publ icafor Idaho 17 /J
Residing at ..A'Oa~ -.u.:::e~
Commission Expir /r
DEVELOPMENT AGREEMENT--3
STATE OF
rlllalt~.
~
ss.
County of
On this ~~ day of April, 1993, before me, the under-
signed, a Notary ublic in and for said State, personally appeared
BILL KORBY as for KORBY CONSTRUCTION COMPANY,
known to me to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same on
behalf of KORBY CONSTRUCTION COMPANY,
IN WITNESS WHEREOF, I have hereunto
official seal the day and year in this
written.
t my hand and affixed my
ertificate first above
DEVELOPMENT AGREEMENT--4
CONDITIONS OF APpnOVAL
1. A Development Agreement be executed and in effect.
2. If the intent is to sell individual lots, all setback regula-
tions will be set for each individual building and the
developer will apply for a Condominium Subdivision - PUD/CUP.
3. All permits from Central District Health, Eagle Sewer District
(. Eagle Fire District, and Ado County Highway District (curb,
gutter and sidewalk) shall be secured prior to issuance of
permits. (Eagle Fire Dist. required to approve building plans
on commercial buildings).
4.** All trash areas are to be enclosed.
5. Shall meet all Design Review provisions regarding signs.
Landscaping plan must meet the provisions of the Tree Ordi-
nance and Committee,
6. Parking area: s11all be paved and shall be maintained in good
condition without holes and rr~e of all dust, trash, weeds and
other debris. (8-4-3)
7. Lighting is required in the pnrking area and shall be properly
illuminated to avoid nccidents. Any lights used to illuminate
the pnrking lot shall be so nrrnnged as to reflect the light
away from the adjoining property.
B.*'" Access: any parking area shnll be designed in such a manner
that any vehicle leaving or entering the parking area from or
onto a public or private street shall be traveling in a
forward motion.
9. Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches both
sides of center) between stalls to facilitate the movement
into and out of the parking stalls.
10. Off street Parking Design arId Dimension Tables (see attached)
11. One and one-half (1\) parking spaces for each unit.
12. All entrances, exi,#ts and restrooms shall be meet handicap
code requirements~---(tjBC)
13. Will have at least a six foot high sight obscuring fence along
the property lines that adjoin a residence (8-3-5, 1-2), or a
strip of land not less than 20 feet in width planted with
dense planting acceptable by the Tree/Parks Committee
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14. All building plans must be approved by the Eagle Building
Inspector, Fire Dist. 'and Eagle Sewer District prior to
beginning of project.
** Numbers 4 and 8 are subject to change by vote of the city
council upon approving this contract.
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Par~ of the South~a$t Ouarter of the Southeast Ouarte~ of Section
8, and the No~thwe8t Ouarte~ of the Northeast Quarter of Section
17, Township 4 North, ~ange 1 ~ast, Boise Meridien, Ada County,
Idaho, more pa~tlou18rly aescribed as follows:
Commencing at 8 point in the center of the Valley Road on the North
and South half Section line 21.02 chain. wouth of the canter
qua~t.r oo~ne~ at Section 8, Township 4 North, Range 1 East,
SoiRe Meridian, ~da County, Idaho; running thence
South a distance of 25.50 chains: thence running
North 60-30' East a distance of 3.40 chainst thl!!.nC9 running
South 57-12' East a di$tonce of 6.00 chains, thence running
. South 65-00' East a distance of 8.54 chains; thence running
North a distance of 29.50 ohains~ themce running
NoX"th 8 5 · 40 ' West a (11 stanoe . of 15.79 chaina to tho PLACE Of'
BEGINNING.
LESS AND EXCEPTING THEREFROM THE FOLI.OW1NG:
A .trip of land 60 feet wide, being on the Southwesterly side of
. thfl tollow.1ng d.e!lcr.1bec1 center 11.ne o'f h1.ghway .. .urv.yed and
shown on the off.1cial plat of the Boise valley 5-3748 (1) HighwBY
Survey on file in the office of the Department of Highweyll of the
State of Idaho, and lying over and across 8 portion of the
Southwe8t Quarter of the Southeast Quarter of Section B, Township
4 North, Range 1 East, aoise Meridian: being more particularly
d8acribed as followSt
Beginning at Station 891-17.5 of the $Bid IU.ghway.Survey, which
station is B point on tangent eppro~i.m8tely 1265.7 feet North
from the South Quarter corner of Section 8, Town9hip 4 North,
Range 1 East, Boise Meridian: thence running
South 86-36' East 1037.5 feet to Station 901-55 of said Survey
which station is a point on tang~nt appro~im8tely 1035.0 feet
East and 1180 feet North from the South Quarter corner of Section
a, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho.
EXCEPT ditch end road rights-of-way.
ALSO LESS AND EXCEP'l'ING THEREFROM !\NY PORTION OF SAID PROPERTY
LYING WITHIN STATE nIGHWAY 44 R1GHT OF WAY
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