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Development Agreement - 2010 - Sulik Subdivision - 3/8/2010 Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 03111/10 02:52 PM DEPUTY Lisa Ball RECORDED - REQUEST OF Eagle City AMOUNT .00 10 1111111111111111111111111111111111111 110022103 City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 F or Record ing Purposes Do Not Write Above This Line DEVELOP~NTAGREE~NT 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, and Paul and Susan Sulik. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 6390 West Beacon Light 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-08- 09; and WHEREAS, the Property comprises an area currently designated as Transitional Residential & Village Center on the Future Land Use Map of Eagle's Comprehensive Plan, attached hereto as Exhibit C and incorporated herein; and WHEREAS, the Eagle Comprehensive Plan indentifies various Land Use Sub Areas and the Property is located in the Land Use Sub Area known as the "Village Planning Area"; and WHEREAS, a portion of the Village Planning Area is designated as the "Village Center", which Village Center focuses on non-residential uses and higher density residential uses in proximity to the non- residential uses; and WHEREAS, the Village Center is generally located within the Village Planning Area along Beacon Light Road, bounded by Palmer Lane to the west and Lanewood Road to the east; and WHEREAS, the Eagle Comprehensive Plan identifies an area adjacent to both sides of Beacon Light Road from State Highway 16 to N. Lanewood Road as Community Commercial; 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 A-R (Agricultural-Residential up to one unit per five acres with a development agreement) zoning classification to develop a develop a two (2) lot residential subdivision on the above described property, which is herein referred to as the "Property"; and Page 1 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fill ver.doc WHEREAS, the Applicant recognizes that higher density residential and/or commercial development may occur adjacent to the Property; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential project 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 ofthe Property and has consented to a A-R (Agricultural-Residential up to one unit per five acres with a 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 (C)(l); 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 the Agricultural-Residential ("A-R-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 Applicant 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. Page 2 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fill ver.doc 3.2 The Concept Plan (Exhibit B) represents the Applicant'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 planning department determines that any such changes are material thus requiring 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 by Applicant as may be required by the City. 3.3 The conditions, covenants, and restrictions for the Property shall contain at least the following: (a) An operations and maintenance agreement requiring the association(s) shall have the duty to maintain and operate the shared driveway and associated shared access easement. (b) An operations and maintenance manual for the irrigation system requiring the association(s) shall have the duty to maintain and operate the irrigation system including the funding mechanism for the repair and replacement of head gates, weirs, culverts, pipe or ditches associated with the irrigation system. 3.4 The accessory structures adjacent to the western property line shall be allowed to remain at its current location. The side yard setback for the accessory structure located adjacent to the western boundary line at 6344 W. Beacon Light Road is twelve feet (12'). Should the accessory structure be removed or replaced, a new accessory structure shall meet the setback requirements for the A-R (Agricultural-Residential up to one (1) unit per five (5) acres) zone. 3.5 The existing dwellings may remain connected to the existing common well and septic systems, however in the event City of Eagle Municipal water and/or central sewer service become available the applicant shall be required to connect the existing dwellings to such services in the event of failure of the respective systems. 3.6 The applicant shall dedicate to the Ada County Highway District a road right-of-way forty- eight feet (48') in width from the centerline ofW. Beacon Light Road at the time of platting a two (2) lot residential subdivision. The applicant shall receive no compensation for the road right-of-way dedication; however the dedication shall be in lieu of constructing a sidewalk adjacent to W. Beacon Light Road. 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. Page 3 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fill veT,doc 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 of Idaho 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. 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. Page 4 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fill ver.doc AR TICLE 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 ofthis 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: Paul and Susan Sulik 6390 West Beacon Light 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 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. Page 5 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fnl ver.doc 8.8 Authority to Enter Into Agreement: By the execution and delivery ofthis 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. DATED this ~ day of MavcY\, 2010. ATTEST: "~I "........... ...."'..1 0 F B", 0"... .... ~"' ........ 'i '. ~.. "...... ..:-~ ---" ~ 0.. ~ \' 0 R ... l' .. -;. : 11'0 (CI\ ':. : . ~ .: : * : ~.~ : * : . . . - . · SEAL". . : ..~ ~:: ~ e. (\0 Q '.- 0 i ~ IP.,. ...~PORI'<1~.. ~ ~ "'#,"~ ....... ~ ..," '.,' , oc \~ .... '. a-- ",,, , . II ' CITY F EAGLE, a municipal corporation organized and existing der the laws of the State ofIdaho Applicant: -p~ LU By: Paul SUlik / 1 r ~!d BY:~?Vd~ ~ " Susan Suli STATE OF IDAHO ) : ss. County of Ada ) On this g day of Ma rc h ,2010, 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. Page 6 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fill ver.doc STATE OF IDAHO ) : SS. County of Ada ) ~/<M On this ~ day of ~,"..J"'cJ- , 2010, before the undersigned notary public in and for the said state, personally appeared PAUL SULIK, 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. ~~""......~ ~... \1:. Mc(" ~"":'''Y",..........O+A ... !.LV . ~.., ! -.:'{ ~OT A~ r' C i : -.- i ., G.. \ \ .oV8\..\ .: E .. . . '\ IP/'o ... ........Q I ...., -f,. ........ \'-'~ ...... '.. ''Ii OF \Q ," .... ",., ""'" II'" STATE OF IDAHO ) : ss. County of Ada ) ~ ~ "jJv~~ Notary Public for Idaho ~ Residing at: I;.~~ ~ My Commission Expires: \- \<-\ -\ S On this 1-0{ 1\'l.day of rY'I-c...-h ,2010, before the undersigned notary public in and for the said state, personally appeared SUSAN SULIK, 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. ~b~~~ Residing at: ~t.M.. Lo . My Commission Expires: rA"-"J \ '-. '2..Ola1 Page 7 of7 K:\Planning Dept\Eagle Applications\SUBS\2009\Sulik Sub cc da fnl veT.doc ~"' ''--~ -~ " ~ ...~ .... == -~~ ..... Page 1 of 1 r--- RECEIVEb&-FILED - CITY OF EAGLE THE LAND GROUP, JNC. JUN 1 8 2009 June 16, 2009 Project No. 109029 Annexation & Rezone Legal Description Sulik Subdivision 10.01 Acres ,- File:, Rout(~ !e.. -~,,~,... '" EXHIBIT "A" A tract of land being the West One Half of the West One Half of the Southwest One Quarter of the Southwest One Quarter of Section 35, Township 5 North, Range 1 West, Boise Meridian, City of Eagle, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 35 which bears South 89013'53" East a distance of 2,643.34 feet from a found brass cap monumenting the South One Quarter Corner of said Section 35 and being the POINT OF BEGINNING. Thence following the westerly line of the Southwest One Quarter of said Section 35, North 0041'47" East a distance of 1,320.20 feet to a found 5/8-inch steel pin monumenting the Northwest Corner of the Southwest One Quarter of the Southwest One Quarter of said Section 35; Thence leaving said westerly line and following the northerly line of said Southwest One Quarter of the Southwest One Quarter, South 89010'25" East a distance of 330.22 feet to a found 5/8-inch steel pin monumenting the Northeast Corner of the West One Half of the West One Half of the Southwest One Quarter of the Southwest One Quarter of said Section 35; Thence leaving said northerly line and following the easterly line of the said West One Half of the West One Half of the Southwest One Quarter of the Southwest One Quarter, South 0041'23" West a distance of 1,319.87 feet to a found 5/8-inch steel pin monumenting the Southeast corner of the said West One Half of the West One Half of the Southwest One Quarter of the Southwest One Quarter; Thence leaving said easterly line and following the southerly line of the Southwest One Quarter of said Section 35, North 89013'53" West a distance of 330.38 feet to the POINT OF BEGINNING. The above-described tract of land contains 10.01 acres, more or less, subject to all existing easements and rights-of-way. ,. Q Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) Site Planning · Landscope Architecture. Civi! Enqineering . Golf Course Irrigation & [nqineering . Graphic Communication. Surveying 462 E. Shore Drive, Ste, 100, Eagle, Idaho 83616 " f' 208,939.4041 F 208,939.4445 " www.thelandgroupinc.com g:\2009\109029\admin\legals\1 090616 annexation rezone 109029,doc = EO E-< >-< c:o >-< ::c >< ~ I ~ ~ 00 ~ z => ~ --. '7i.. ~ Z '" ~ ~z~ ~ ~~ a~ ~~~ a-u.:: Z~.. gUla.: ......~U . l", "" \.,C':I ,[l'OZn "'_ ".--1'-- OJ' '0 ~:2: ~ai S:tj rJ) ID ID3:,g =,....ca QID:g ~g>>. ~l'Il"" s:a:S rJ).c-8 IDtello> -E~"Cg QLOoe:C\J C\J a. ~ ;::::c ~ s:~W ID~Q -EI-~ Quia C\JC'? ---- c:: ~ 0 :s: '13 1?~ I- ~ ~~~ ,-' I cj 15 ~ ~ I ~u'" t .tn~~ ~: ~~ I~ 5~ Id ~~ I:l: I I I r I ~ r i I~ @ ~, ~ I ~ ~ g. ~ I ~~ ll. 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