Development Agreement - 2009 - Beacon Light Homestead, LLC - 9/23/09 (EXPIRED) - 9/21/2009
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/23109 03:51 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eag Ie Ci tv
AMOUNT
.00
9
1111111111111111111111111111111111111
109109347
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 municip~ corporation in the State ofIdaho ("Eagle"), by and through its
Mayor, and Beacon Light Homestead, LLC ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 671 E. Beacon
Light Road, Eagle, Idaho, ("Property"), as specifically defmed in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-09-08; 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 R-E-DA (Residential-Estates with Development Agreement)
zoning classification to develop an eight (8) lot (6 buildable, 2 common) 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 the scope of the proposed use upon 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
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 (e)( I); and
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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 ofthe mutual covenants contained herein, it is agreed as follows:
ARTleLE I
LEGAL AUTIIORITY
This Development Agreement is made pursuant to and in accordance with the provisions ofIdaho Code
Section 67-6511A and Eagle eity Code, Title 8, Chapter 10.
ARTIeLE 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 a 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 ill
CONDITIONS OF DEVELOPMENT
3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant 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 Agreement.
3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the eoncept 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 eoncept Plan, notice shall be provided as may be required by the City.
3.3 Provide an agreement with the adjoining property owner to the west indicating an assurance for
dedication of up to twenty-five feet (25') of right-of-way located outside of the subdivision boundary
for N. Old Orchard Lane prior to submitting a final plat application.
3.4 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. AU water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits secured
for the main extension shaU be obtained in the name of the eity, along with all rights and title to the
main at the time of service is provided to the customer paying for the extension. Water mains shall
be extended by the applicant as designated by the City Engineer where future water system
extensions are expected to occur. The developer shall enter into a "Memorandum of Agreement" to
provide water for fire suppression to Springhaven Subdivision in compliance with and consistent
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with the intent of Title 6, Chapter 5 of Eagle City Code prior to adoption of an ordinance of
annexation.
ARTICLEN
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
UNENFORCEABLEPROVlSIONS
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 vn
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
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the Property, shan 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 an 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 vm
GENERAL MA TIERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions ofIdaho eode Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paraln'aph Headinlls. 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 shan 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 shan 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 eounty, Idaho.
8.4 LelZal 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 shan
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:
Beacon Light Homestead, LLC
Attn: Matthew Smith
12601 West Explorer Drive, Suite 200
Boise, ill 83713
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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.
8.6 Effective Date. This Development Agreement shaU 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 Aereement: 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 LtC)
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.
",..........
DATED this ;l1..~~~~2009.
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CITY OF EAGLE, a municipal corporation organized
and existing u r tbe laws of the State ofIdaho
By:
Phil Bandy, Mayor
A
Owner:
Beacon Light Homestead, LLC
/Y4.rll/IN I-/()S~~ .A1~6~
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SYA TE OF IDAHO )
: ss.
County of Ada )
On this ;;tl ~~day of ~e.rY\be:.......- ,2009, 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.
~ ,nt$i1u- ~.. -~
Nota Public daho
Residing at: ~""""' r:.o.
My Commission Expires: i'Y1/j 12 .2014
STATE OF IDAHO )
: ss.
eounty of Ada )
On this t:J+~ay of Se.,pkn ~ , 2009, before the undersigned notary public in and for
the said state, personally appeared I f I 0 .HI., known or identified to me to be a the Manager of
Beacon Light Homestead, LLC, the owners Ofth~operty referenced herein and the person who executed
the foregoing instrument. ~~~ HoSAC
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written. ( 0
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~~1.",,<t. Yo 1 CA GO"",," Notary Public. f9r Idaho
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Engineering North West, LLC
423 N. Ancestor Place, Suite 180
6-5000 · Fax (208) 376-5556
Project No. 06-046-01
EXHIBIT "A"
Date: JtRE~i~~8. FILED
CITY OF EAGLE
SPRINGHA VEN SUBDIVISION
ANNEXATION AND REZONE DESCRIPTION
AUG n I 2008
File:
Route to:
A parcel of land located in Government Lot 3 in the NW 1/4 of Section 4,
T. 4 N., R. 1 E., B.M., Ada County, Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 4 and 5 of said
T. 4 N., R. 1 E. and Sections 32 and 33 ofT. 5 N., R. 1 E., B.M.;
Thence South 89045'00" East, 2318.24 feet on the section line common to said Sections 4
and 33 to a point, (from which point the 1/4 section comer common to said Sections 4 and 33
bears South 89045'00" East, 331.15 feet distant) said point being the REAL POINT OF
BEGINNING;
Thence leaving said section line, South 00019'35" East, 424.21 feet (formerly described as
South 0019' 16" East, 424.28 feet) on the westerly boundary line of that parcel ofland as
described in Warranty Deed Instrument Number 105190535 of Ada County Records;
Thence North 89046'50" West, 331.16 feet (formerly described as North 89046'50" West
331.16 feet) on the northerly boundary line of said parcel of land described in Warranty Deed
Instrument Number 105190535;
Thence South 00018'09" East, 862.27 feet (formerly described as South 0018'57" East,
862.50 feet) on the westerly boundary line of said parcel of land described in Warranty Deed
Instrument Number 105190535 to a point on the southerly boundary line of said Government
Lot 3, which line is also the northerly boundary line of Los Luceros Acres Subdivision, as same is
shown on the Plat thereof recorded in Book 32 of Plats at Page 1969 of Ada County Records;
Thence North 89030'05" West, 413.37 feet (formerly described as North 89030'05" West)
on the southerly boundary line of said Government Lot 3 and the northerly boundary line of said
Los Luceros Acres Subdivision;
Thence leaving said lines, North 00018'37" West, 350.00 feet (formerly described as
North);
Thence North 89030'05" West, 249.00 feet (formerly described as West) to a point on the
westerly boundary line of said Government Lot 3, said line also being the easterly boundary line
of Bighorn No.2 Subdivision, as same is shown on the Plat thereof recorded in Book 84 of Plats
at Page 9276 of Ada County Records;
Springhaven Annex. & Rezone Desc.doc
Page I of 2
Thence North 00018'37" West, 168.31 feet on the westerly boundary line of said
Government Lot 3 and said easterly Subdivision boundary line;
Thence North 43051 '49" East, 949.37 feet (formerly described as North 43051 '44" East,
949.49 feet);
Thence North 00015'00" East, 78.09 feet to a point on the section line common to said
Sections 4 and 33;
Thence South 89045'00" East, 331.14 feet (formerly described as 331.18 feet) on the
section line common to said Sections 4 and 33 to the real point of beginning. Said parcel contains
14.36 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Springhaven Annex. & Rezone Descdoc
Page 2 of 2
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