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Mou/Moa - 2005 - Legacy Subdivision - 11/17/2005 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/21/09 03::' ~1 DEPUTY Lisa Ban RECORDED - REQUEST OF Ellg Ie Ci Iy AMOUNT .00 6 III /111111/11111111111111/1111/1111/1 109108638 MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("MOA") is made and entered into this Jl day of N()lt~ ~t",u,bet, 2005, between the CITY OF EAGLE ("CITY") and EAGLE SPORT LEGENDS DEVELOPMENT, LLC ("EAGLE SPORT") to document the development of water rights and wells for the Legacy Subdivision located in Ada County, Idaho ("Legacy Subdivision"). The purpose and objective of this MOA is to require EAGLE SPORT to acquire sufficient municipal water rights and develop sufficient wells to deliver municipal water to the Legacy Subdivision in compliance with and consistent with the intent City of Eagle Ordinance No. 479. RECITALS WHEREAS, EAGLE SPORT is in the process of developing the Legacy Subdivision; and WHEREAS, the Legacy Subdivision will require municipal water and accompanying wells to serve the residential development in the Subdivision; and WHEREAS, to facilitate annexation of the Legacy Subdivision into the CITY and the development of the Subdivision, EAGLE SPORT is required to acquire and develop sufficient water rights and wells for the purpose of serving the Subdivision in order to comply with City Ordinance No. 479; and WHEREAS, the CITY has filed an application for a water right No. 63-32089 that is agreed to be sufficient for the Legacy Subdivision; and WHEREAS, EAGLE SPORT has thorougWy reviewed that application, the protests to the application, and is fully aware of the steps and procedures necessary to license the application, and comply with City Ordinance No. 479, and agrees the application would best meet the needs of the Legacy Subdivision; and PAGE 1 of4 OR\GINAL WHEREAS, EAGLE SPORT has determined that it is in its best interest to use the CITY's application in order to meet EAGLE SPORT' obligations to provide potable water for the Legacy Subdivision pursuant to City Ordinance No. 479; and WHEREAS, the CITY has agreed to allow EAGLE SPORT to utilize the CITY's application in order to acquire the necessary water rights for the Legacy Subdivision as set forth in the application. NOW THEREFORE, the CITY and EAGLE SPORT agree as follows: 1. The CITY shall proceed to license the CITY's application No. 63-32089. EAGLE SPORT agrees to pay the CITY for the services of appropriate experts and counsel to take all steps necessary to complete licensing of the application including meeting any requirements required by the Idaho Department of Water Resources. Title to the water right shall remain in the CITY's name. 2. EAGLE SPORT agrees to cooperate in all respects with the CITY in the licensing procedure and to execute such documents as are deemed necessary by the CITY in its sole discretion to complete the development of the water right, the development of wells, and the conveyance of any interest in land necessary to accomplish the objectives of this MOA. EAGLE SPORT further acknowledges the interest of the CITY in the application and agrees to take all steps necessary to protect and defend the CITY's interest in the application. EAGLE SPORT further agrees to enter into a Joint Defense Agreement with the CITY with regard to any legal proceedings involved in processing the application and to take all actions necessary to protect communications between the CITY and EAGLE SPORT as appropriate, including all communications between and among counsel and other parties representing the CITY and EAGLE SPORT. PAGE 2 of4 3. EAGLE SPORT shall, at its own expense, develop wells designed to meet all municipal well requirements in accordance with all applicable laws and regulations and transfer the same to the City. The municipal wells and their construction shall be subject to the approval of the CITY Engineer consistent with City Ordinance No. 479. 4. Upon the signing of this MOA, EAGLE SPORT will take all steps necessary to guarantee that it has the authority with respect to the land where the point(s) of diversion of water right application No. 63-32089 are located to convey such land to the CITY for the well site and any easements necessary to provide water delivery from the welles) to the Legacy Subdivision or to otherwise connect to the CITY water system as determined by the CITY Engineer and shall convey such lands to the CITY upon notice by the CITY. Proof of such authority shall be provided to the CITY. 5. EAGLE SPORT understands and agrees that licensing of the municipal water right and transfer of the municipal wells and necessary easements as set forth above are an absolute condition for approval of the final plat of the Legacy Subdivision, and the CITY Clerk will not sign the final plat until the water right is licensed and wells are completed, all necessary interests conveyed to the CITY, the water right and wells are ready and able to deliver water to the Subdivision, and all costs and expenses owed pursuant to Ordinance 479 have been paid to the CITY and others. EAGLE SPORT further understands and agrees that the above described water right and municipal wells, as approved by the CITY, the Idaho Department of Water Resources and the Department of Environmental Quality, shall be the means by which Legacy Subdivision is supplied potable water. 6. Where appropriate, the CITY will consider whether a cash bond, irrevocable letter of credit, or similar instrument may be acceptable to the CITY to guarantee performance by EAGLE SPORT. PAGE 3 of4 7. EAGLE SPORT understands and agrees that this MOA may be incorporated into a development agreement between the CITY and EAGLE SPORT as part of the rezone approval process. 8. Each party signing below attests and declares under penalty of peIjury that the party has authority to sign on behalf of the indicated entity or entities and that the non-CITY entities are bound by this MOA. EAGLE SPORT LEGENDS DEVELOPMENT,LLC AnldaLrli~~:: By: Signature Sports Development LLC, its Manager 2iIDCi~~any By: Knoll Acres Associates LLC, its Manager An Idaho Limited Liability Company aL5R By: Leon Blaser, Manager Knoll Acres Associates LLC For the CITY OF EAGLE Attest: ~A~ ~"~r~ -' SHAR N BERGMAN City Clerk PAGE 4 of4 State of Idaho County of Ada A. Leon Blaser, identified by Idaho Drivers license, did appear and declare under penalty to possess the authority to sign on behalf of Eagle Sport Legends Development LLC, Signature Sports Development LLC. and Knoll Acres Associates LLC., the attached document S E A L ..........., "",,~ 0 R N """#. ",'" ^ S ........ If- ~#. .' v.. \.. ~ b.o .. ~ ill .,,~ ~ ... i >-! ^-'r- , tJ <a. \ -u. 0 . ..... 1-- :<: ." ..., <: : pl.. '" ~ 10: ':. e. ..'-. "' : ... 'c"'. ~"V..,.. \ ... ..~$ -_ .... ......... Go 0 ",'" -, .... '\ V .... "'" S T I\ ~~.." """......".. ~qr:i~' ()~A- Residing: Ada County, Idaho / My Commission Expires on: 0/ / /;)-/~i5 , State of Idaho County of Ada On this 17th day of November 2005, before me Tracy E. Osborn, a Notary Public in and for the State of Idaho, personally appeared Nancy C. Merrill known by me to be the Mayor of the City of Eagle, Idaho and executed the instrument on behalf of the City of Eagle. S E A L J4fi~~ . Notary P ic h. L My Commission Expires on: 01 I~ r.:1015 .