Development Agreement - 2010 - Ashbury Subdivision aka Yorgason - 11/17/2010
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 11/18/10 01:31 PM
~~~~~6E~I~aR~~I~EST OF 1111111111111111111111111111111I11111
Eagle City 11131138891
AMOUNT
.00
15
Recording Requested By and
When Recorded Return to:
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 (this "Agreement") made and entered on the date indicated herein
by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and STEVEN C. SMITH, ("Owner") is as follows:
WHEREAS, Applicant has contracted to purchase a contiguous parcel of land approximately
110+/- acres in size currently within Ada County and generally located at the northwest comer of State
Highway 20/26 and Meridian Road as depicted on that certain proposed Concept Development Plan
attached hereto as Exhibit A and incorporated herein (sometimes referred to herein as the ("Concept
Plan"), and more particularly described on Exhibit B, attached hereto and incorporated herein (the
"Property"), which Property is the subject of Eagle Annexation and Rezone Application No. RZ-04-09;
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 "Rim View Planning Area"; and
WHEREAS, the Property comprises an area currently zoned in Ada County as RUT (Rural-
Urban Transition); and
WHEREAS, Applicant desires that the Property be annexed into the corporate limits of Eagle
and be developed as an integral part of Eagle as set forth in this Agreement. Applicant has submitted to
Eagle a duly executed application requesting and consenting to annexation and rezone of the Property into
Eagle; and
WHEREAS, Applicant and Eagle desire that the Property be zoned MU-DA (Mixed Use with
Development Agreement) and developed as a mixed use project containing commercial, office,
residential, and open space as generally shown on Exhibit A; and
WHEREAS, the City Council of Eagle, upon recommendation of Eagle's Planning & Zoning
Commission, has determined that the scope of any mixed use project upon the Property must be limited to
prevent undue damage to, and to otherwise be in harmony with, the existing community; and
WHEREAS, the intent of this Agreement is to protect the rights of Applicant's use and
enjoyment of the Property while at the same time limiting impact of the development of the Property
upon neighboring properties and the existing community while ensuring that the Property is developed in
a manner consistent with Eagle's City Code as may be modified by this Agreement; and
WHEREAS, Applicant has agreed to the use restrictions and other limitations set forth in Eagle's
"MU-DA" (Mixed Use with Development Agreement) zoning designation for the Property, subject to the
provisions and requirements set forth in this Agreement; and
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WHEREAS, Eagle and Applicant acknowledge that development of the Property will require
the construction of public improvements both within and outside of the boundaries of the Property, which
construction may take extensive time and which public improvements will provide regional benefits as
well as benefits for the Property; and
WHEREAS, Eagle and Applicant acknowledge that development of the Property may be
constrained by market and financing issues outside of the control of Applicant; and
WHEREAS, the owners of the Property have previously provided Eagle with affidavits agreeing
to submit the Property to a development agreement pursuant to Eagle City Code Section
8-10-1 (C) (I); and
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated
below, and in consideration of the premises and the mutual representations, covenants and agreements
hereinafter contained, Eagle and Applicant represent, covenant and agree as follows:
ARTICLE I
LEGAL AUTHORITY
This Agreement is made pursuant to and in accordance with the provIsions of Idaho Code,
Sections 50-222; 50-301; 67-6508; 67-6511; 67-6512; and 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 Mixed Use District ("MU-DA"), after recordation of, and subject to the
provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan (Exhibit A)
represents Applicant's concept for the Property. All future development of the Property shall be
generally consistent with the Concept Plan; provided, however, it is the intent of this Agreement
to allow flexibility until such time a detailed conceptual site plan ("Conceptual Site Plan"), and
preliminary plat are submitted to Eagle so long as the general intent of the Concept Plan and the
conditions and limitations set forth in this Agreement are met. Applicant shall submit the
Conceptual Site Plan outlining future phased developments as a modification to the development
agreement prior to or concurrent with a preliminary plat application. The Conceptual Site Plan
shall provide more detail, including but not limited to, location of roads within the development,
lot layout, lot dimensional standards, setbacks for the commercial and residential areas, location
and size of common areas and buffer areas. The City shall hold necessary public hearings
pursuant to Eagle City Code notice requirements to address the Conceptual Site Plan and any
changes thereafter proposed to said plan. The Conceptual Site Plan shall be in lieu of the
preliminary development plan provided Conditions of Development and the Findings of Fact and
Conclusions of Law for the development agreement modification are similar to Conditions of
Development required during the PUD and conditional use process.
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3.2 Applicant will submit applicable 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 Eagle City Code, which shall comply with Eagle City Code, as it exists at
the time such applications are made except as otherwise provided within this Agreement.
3.3 All commercial development within the Property shall be consistent with the Castlebury West
Business Park architectural style and be generally consistent with the Eagle Architecture and Site
Design Book. The Concept Plan shows the general nature and relative location of certain
improvements on the Property. It is the intent of this Agreement is to allow sufficient flexibility
at the time a detailed plan and platting are submitted to Eagle, while maintaining the general
intent of the Concept Plan with the requirements set forth in this Agreement.
3.4 Applicant shall develop the Property subject to the conditions and limitations set forth in this
Agreement and the Findings of Fact and Conclusions of Law approved by the City Council.
Applicant shall also submit such applications for design review, preliminary and final plat
reviews, and/or any conditional use permits, if applicable, and any other applications as may be
required by the Eagle City Code in effect as of the Effective Date of this Agreement.
3.5 Applicant shall submit a preliminary plat for all or a portion of the Property within two (2) years
of the recording date of the Final Plat for Castlebury West Subdivision Phase 3. An approved
preliminary plat for this site shall expire two (2) years following action by Eagle City Council, or
after any additional period of time as may be approved by Eagle City Council, not to exceed an
additional three (3) years, which approval shall not be unreasonably withheld. All preliminary
plat applications must be submitted within seven (7) years after the initial preliminary plat has
been approved by Eagle City Council. A final plat application must be submitted to Eagle prior to
the expiration of its corresponding preliminary plat. Final plat applications submitted in
connection with portions of corresponding preliminary plats shall be submitted in an orderly and
reasonable manner in intervals not to exceed eighteen (18) months following the recordation of
the preceding final plat. (Such final plat applications shall be considered for final approval
without resubmission of the preliminary plat for approval). Any final plat shall be recorded
within two (2) years following Eagle City Council action on the final plat; provided however,
Eagle City Council may approve the extension of such two (2) year period, which approval shall
not be unreasonably withheld, for a period of time not to exceed three (3) years to facilitate the
completion of improvements required by the applicable sections of Eagle City Code. As part of
its consideration to extend the time frame in this Section, Eagle City Council may require
Applicant to adhere to subdivision ordinances and resolutions in effect at the time the extension is
requested.
3.6 Except as otherwise provided within this Agreement, Applicant shall comply with the Eagle City
Code in effect as of the Effective Date of this Agreement (excluding building codes adopted after
the Effective Date); provided, however, if, following the Effective Date, the permitted uses of the
MU-DA zone are expanded, such expanded uses shall be allowed in the Property and included in
this Agreement or portions thereof. If preliminary and final plats are not submitted in a timely
manner as set forth in this agreement the Eagle City Code effective at the time of submittal of said
untimely plats shall apply thereto.
3.7 The 110+/- acre site of the Property shall consist of approximately 107 acres of residential use
(single-family and multi-family units) and approximately 3.0 acres of non-residential uses as
described below.
3.7.1 Non-Residential (Commercial) Mixed Use. Commercial uses shall be limited to those
uses that complement or are ancillary to the Castlebury West Business Park and are
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otherwise limited to the following uses, which may be constructed without a Conditional
Use Permit:
. Banks/financial institutions (no drive up service)
. Beauty/Barber Shop
. Catering Service (no restaurants)
. Day Spa
. Office, business and professional
. Office, medical and professional
. Artist Studios
. Clinic
. Daycare Center
. Personal Improvement
. Home and Business services
. Laboratories
. Pharmacies and Medical Sales (no drive thru service)
. Photographic Studio
. Printing/Blueprinting
. Professional activities
. Travel Services
. Research and Development
. Research Activities
. Christmas Tree Sales (only until building on the property has begun)
. No Drive up or Drive thru services are allowed.
3.7.2 Residential Development.
3.7.2.1 The total residential area shall be approximately 107+/- Acres (inclusive of open
space). The maximum density for the Property shall be approximately 2.40 dwelling
units per acre with a maximum of 257 dwelling units to be located within the areas
as generally depicted on the Concept Plan (Exhibit A) attached hereto and made a
part hereof and subject to the capacity of the sewer system. Residential portions of
the Property shall not require a conditional use permit.
3.7.2.2 The residential areas shall transition with higher densities adjacent to the mixed-use
non-residential area located at the southern boundary of the site and reducing in
density with larger lots in proximity to Foxtail and Winward River Heights
Subdivisions as shown on the Concept Plan (Exhibit A). Single-family residential
lots shall be no less than one (1) acre in size adjacent to Foxtail and Winward River
Heights Subdivisions, which are in existence as of the Effective Date of this
Agreement.
3.7.2.3 The minimum required open space shall be comprised of no less than 20% of the total
gross land area of the residential areas; those residential areas containing lots greater
than 37,000 square feet in size shall be excluded from the calculations for the
required amount of open space for the overall site. Sidewalks and pathways shall be
constructed in appropriate locations to provide pedestrian connectivity throughout the
site, subject to review upon the submittal of a preliminary plat application.
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3.8 Dimensional standards and respective setbacks within the Property shall be as follows:
Patio Home Lots (5,000 sq. ft. minimum):
Front: 15 feet - living area / 20 feet garage
Rear: 15 feet
Side: 5 feet
Street Side: 15 feet
Maximum lot coverage 60%
Standard R-3 Lots (10,000 sq. ft. minimum):
Front: 20 feet
Rear: 20 feet
Side: 5 feet (additional 2.5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Standard R-2 Lots (17,000 sq. ft. minimum):
Front: 25 feet
Rear: 20 feet
Side: 7.5 feet, (additional 5 feet per story)
Street Side: 20 feet
Maximum lot coverage 40%
Standard R-l Lots (43,560 sq. ft. minimum):
Front: 30 feet
Rear: 30 feet
Side: 15 feet
Street Side: 30 feet
Maximum lot coverage 35%
3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code in effect
as of the Effective Date of this Agreement unless otherwise set forth in this Agreement.
3.10 A letter of approval shall be provided to Eagle from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries at the time of
submitting the first final plat application. A letter of approval shall be provided to Eagle from the
Eagle Sewer District approving the construction plans prior to approval of the respective final plat
application.
3.11 Commercial Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. All buildings shall be
provided with architectural design elements and architectural relief in keeping with the proposed
architectural styles contained in Castlebury West Business Park.
3.11.1 All commercial structures within the Property shall be constructed utilizing architecture
consistent with the Castelbury West Business Park. All commercial development within
the Property shall be consistent with the Castlebury West Business Park and be
consistent with the Eagle Architecture and Site Design Book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans is required
prior to the issuance of building permits for multi-family residential and
commercial/retail buildings.
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To assure compliance with this condition, Applicant shall create an architectural control
committee ("ACC") as a component of the Property's restrictive covenants ("CC&Rs").
Provisions regarding the creation and operating procedures of the ACC shall be included
in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle City attorney
prior to the approval of the first final plat.
The submittal of the building permit application to Eagle for each commercial building
within the development shall be accompanied by an approval letter from the ACC.
Building permit applications that do not have an approval letter attached will not be
accepted.
3.11.2 All non-residential (commercial) mixed uses shall be subject to dark-sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns
that may arise.
3.12 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable, to ensure
restrictions pertaining to State Highway 20/26 do not exceed existing restrictions placed on
Castlebury West Business Park. The City shall not require the Applicant to dedicate or preserve
any Right-of-Way that exceeds the width of Right-of-Way dedicated and/or preserved by the
Castlebury West Business Park.
3.13 Applicant shall meet with Eagle within sixty (60) days of the anniversary of the Effective Date to
review compliance with the Agreement and Applicant-requested extensions at least annually until
fifty percent (50%) of the property has been platted.
3.14 For each preliminary plat the applicant shall design traffic calming measures within the proposed
development to address traffic entering Foxtail Subdivision at North Winward Avenue. The
applicant shall provide a revised concept plan showing the western end of the road immediately
north of Foxtail Subdivision terminating as a cul-de-sac prior to reaching the western boundary of
the site. The applicant shall provide no less than two (2) roads providing connectivity to the
adjacent Wilson (Foxtail Golf Course) property.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Agreement and
to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall
have been provided to Eagle, and all such affidavits are incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 Eagle and Applicant shall act in good faith when undertaking their respective obligations and
covenants contained herein. Failure or unreasonable delay by either party hereto to perform or
otherwise act in accordance with any term or provision of this Agreement for a period of sixty
(60) days following written notice thereof from the other party (the "Cure Period"), shall
constitute a default under this Agreement; provided, however, that if the failure or delay is such
that more than sixty (60) days would reasonably be required to perform such action or comply
with any term or provision hereof, then such party shall have such additional time as may be
reasonably necessary to perform or comply so long as such party commences performance or
compliance within such sixty (60)-day period and diligently proceeds to complete such
performance or fulfill such obligation (the "Extended Cure Period"). The written notice
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provided for above shall specify the nature of the alleged default and the manner in which said
default may be satisfactorily cured, if possible. In the event a default of Applicant is not cured
within the Cure Period or the Extended Cure Period, if applicable, the zoning of that portion of
the Property related to such default shall convert to the A-R (Agricultural-Residential) zoning
designation.
5.2 In the event that either party to this Agreement shall file suit or action at law or equity to interpret
or enforce this Agreement, the unsuccessful party to such litigation agrees to pay to the prevailing
party all costs and expenses including reasonable attorneys' fees incurred by the prevailing party.
Similarly, all fees and costs associated with an appeal to any appellate court thereafter, including,
without limitation, the prevailing party's attorneys' fees, shall be paid by the non-prevailing party.
5.3 In the event the parties cannot resolve any disputes or disagreements in this agreement either
party may request mediation pursuant to Idaho Code 3 67-6510.
ARTICLE VI
UNENFORCEABLE PROVISIONS
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 by a court of competent
jurisdiction, such provision shall be severed from this Agreement and the remainder of this Agreement
shall nevertheless remain in full force and effect except that any portion so determined to be invalid or
unenforceable shall be re-negotiated in good faith between Applicant (or other appropriate party) and
Eagle. It is the parties' express intention that the terms and conditions be construed and applied as
provided herein, to the fullest extent possible. It is the parties' further intention that, to the extent any
such term or condition is found to constitute an impermissible restriction of the police power of Eagle,
such term or condition shall be construed and applied in such lesser fashion as may be necessary to not
restrict the police power of Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Agreement shall be recorded in the office of the Ada County Recorder at
the expense of Applicant. Each commitment and restriction of this Agreement is binding upon, and the
burdens and benefits inure to, all successors in interest of the parties to this Agreement and constitute
covenants that shall run with the land. This Agreement shall be binding on Eagle and Applicant, and their
respective heirs, administrators, executors, agents, legal representatives, successors and assigns; provided
however, that if all or any portion of the Property is sold, the sellers shall thereupon be released and
discharged from any and all obligations arising under this Agreement in connection with the portion of
the Property sold. 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.
In the event of a complete or partial assignment of Applicant's rights and obligations hereunder,
except an assignment for collateral purposes only, Applicant's liability under this Agreement shall
terminate. Nothing in this Agreement shall operate to restrict Applicant's ability to assign less than all of
Applicant's rights and obligations under this Agreement to those persons or entities that acquire any
portion of the Property. Notwithstanding the foregoing, the ongoing ownership, operation and
maintenance obligations in connection with this Agreement may be assigned to an owners' association.
Applicant shall provide Eagle with written notice of any assignment of Applicant's rights or obligations
to such owners' association within a reasonable period of time following such assignment.
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Notwithstanding any other provisions of this Agreement, Applicant may assign all or part of Applicant's
rights and duties under this Agreement as collateral to any financial institution from which Applicant has
borrowed funds for use in developing the Property.
ARTICLE VIII
GENERAL MATTERS
8.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties
pertaining to the subject matter hereof. All prior and contemporaneous agreements,
representations and understandings of the parties, oral or written, are hereby superseded and
merged herein.
8.2 Amendments. Eagle and Applicant acknowledge that amendments to this Agreement may be
necessary or appropriate from time to time. When the parties agree that an amendment is
necessary or appropriate, the parties shall, unless otherwise required by applicable law as
established in this Agreement or by state or federal statute, effectuate minor amendments
administratively approved by Eagle's Zoning Administrator. The approval of such minor
amendments shall not necessitate formal amendment of this Agreement, but shall be retained in
Eagle's official file for the Property. The parties shall cooperate in good faith to agree upon and
use reasonable efforts to process any amendments to this Agreement. No modification or
amendment to this Agreement of any kind whatsoever shall be made or claimed by Applicant or
Eagle and no such claimed modification shall have any force or effect whatsoever unless the same
shall be endorsed in writing and signed by the party against which the enforcement of such
modification or amendment is sought, and then only to the extent set forth in such instrument.
Amendments other than those approved administratively by the Zoning Administrator to this
Agreement shall be made only after complying with the notice and hearing provisions of Idaho
Code, Section 67-6509, as required by Eagle City Code Section 8-10-1. Such approved
amendment shall be recorded in the Official Records of Ada County, Idaho.
8.3 Construction; Headings. All parties hereto have either been represented by separate legal
counselor have had the opportunity to be so represented. Thus, in all cases, the language herein
shall be constructed simply in accord with its fair meaning and not strictly for or against a party,
regardless of whether such party prepared or caused the preparation of this Agreement. Titles and
captions are for convenience only and shall not constitute a portion of this Agreement. As used in
this 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.
8.4 Termination Upon Sale to Public. Except as otherwise provided herein, this Agreement is not
intended to and shall not create conditions or exceptions to title or covenants running with the
Property beyond the development of the Property. Therefore, in order to alleviate any concern as
to the effect of this Agreement on the status of title to any portion of the Property, this Agreement
shall terminate without the necessity of any notice, agreement or recording by and/or between the
parties in connection with any lot that has been finally subdivided and individually (and not in
"bulk") leased (for a period of longer than one year) or sold to the end-purchasers or users thereof
(a "Public Lot") and thereupon such Public Lot shall be released from and no longer be subject to
or burdened by the provisions of this Agreement.
8.5 Termination Upon Completion of Development. Notwithstanding anything to the contrary
herein, Eagle shall, upon written request of Applicant, execute appropriate and recordable
evidence of termination of this Agreement if Eagle has determined reasonably that Applicant has
fully performed Applicant's obligations under this Agreement in connection with all or a portion
of the Property. Upon final approval of any detailed phase of the Property, or portion thereof, by
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Eagle, and the recordation of the final plat in connection therewith, Eagle shall, as soon as
practicable, execute and record an appropriate instrument of release of the Agreement in
connection with such phase of development of the Property.
8.6 Waiver. No delay in exercising any right or remedy shall constitute a waiver by either party
thereof, and no waiver by Eagle or Applicant of the breach of any covenant or condition of this
Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or
any other covenant or condition of this Agreement.
8.7 Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together constitute one and the same instrument.
The signature pages from one or more counterparts may be removed from such counterparts and
such signature pages all attached to a single document so that the signatures of all parties may be
physically attached to a single document.
8.8 Recitals; Exhibits. The recitals and any exhibits attached hereto shall be deemed to have been
incorporated herein with the same force and effect as if fully set forth in the body hereof.
8.9 Further Acts. Each of the parties shall promptly execute and deliver all such documents and
perform all such acts as reasonably necessary, from time to time, to carry out the matters
contemplated by this Agreement.
8.10 Time of Essence. Time is of the essence in implementing the terms of this Agreement.
8.11 Force Majeure. In the event of changed conditions, changes in state or federal laws or
regulations, building codes, inclement weather, delays due to strikes, inability to obtain materials,
civil commotion, fire, acts of God, or other circumstances which substantially interfere with the
ability of either party to perform such party's obligations and/or exercise such party's rights under
this Agreement, the parties agree to bargain in good faith to modify such obligations to allow the
terms and conditions of this Agreement to proceed as planned to the extent practicable.
8.12 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of
Idaho in effect at the time of the recordation of this Agreement, without regard to conflicts of law
principles. Any action brought in connection with this Agreement shall be brought in a court of
competent jurisdiction located in Ada County, Idaho.
8.13 Notices. Any notice which a party may desire to deliver to another party must be in writing and
may be delivered by personal delivery, by mailing the same by registered or certified U.S. Mail,
return receipt requested and 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:
William E. Vaughan
Planning and Zoning Administrator
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Applicant:
Steven C. Smith
855 Broad Street, Suite 300
Boise, ID 83702
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or such other addresses and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed delivered upon delivery if by personal delivery, three (3) days after
deposit in the United States mail, or upon receipt if deposited with a reputable overnight delivery
service.
8.14 Effective Date. This Agreement shall be effective upon recordation of a fully executed and
notarized original of this Agreement.
8.15 No Partnership; Third Parties. It is hereby specifically understood, acknowledged and agreed
that neither Eagle nor Applicant shall be deemed to be an agent of the other for any purpose
whatsoever. It is not intended by this Agreement to, and nothing contained in this Agreement
shall, create any partnership, joint venture or other arrangement between Applicant and Eagle.
No term or provision of this Agreement is intended to, or shall, be for the benefit of any third-
party, person, firm, organization or legal entity not a party hereto, and no such other third-party,
person, firm, organization or legal entity shall have any right to cause of action hereunder.
8.16 Good Standing; Authority. Each of the parties represents to the other that: (a) Applicant is an
Idaho corporation duly qualified to do business in Idaho; (b) Eagle is a municipal corporation
duly qualified to do business in the State of Idaho; and (c) the individual(s) executing this
Agreement on behalf of the parties are authorized and empowered to bind the party on whose
behalf each such individual is signing.
IN WITNESS WHEREOF, the parties hereto, having been duly authorized, have executed this
Development Agreement.
DATED this!1 day of ~VI fYJbt~ ,2010.
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EAGLE:
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the State ofIdaho
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ATTEST:
OWNER:
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Steven C. Smith by Robert Phillips - Attorney-in-Fact IINllf~/ -,h/-
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STATE OF IDAHO )
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County of Ada )
On this a day of NoVt /YJ hev-- , 2010, before the undersigned notary public in
and for the said state, personally appeared James D. Reynolds, 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 WHE~OF,'I'have hereunto s t my hand and seal the day and year first above
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STATE OF IDAHO )
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County of Ada ~
On thisl{~'~ay of IZ lU.J1ZbLkJ , 2010, before the undersigned notary public in and for
the said state, personally appeared Steven C. Smith by Robert Phillips, Attorney-in-Fact, 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 her~J.ll1to'sermyliiili9 and seal the day and year first above
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,...- RECEIVE6& FILED
CITY OF EAGLE
Boise, Idaho 83704
(208) 376-5000 . Fl x (208) 3
File:
Route to:
Date: April 27, 2009
7 2009
Project No. 06-050-01
EXHIBIT B
NORTHWEST REMAINDER PORTION
MERIDIAN ROAD AND CHINDEN BL YD. PROPERTY
ANNEXATION DESCRIPTION
A parcel ofland located in the SE 1/4 of Section 24, T. 4 N., R. 1 W., RM., Ada County,
Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 19 and 30 ofT. 4 N., R. 1 E.,
RM., and Sections 24 and 25 of said T. 4 N., R. 1 W.;
Thence North 89037'39" West, 864.25 feet on the section line common to said Sections
24 and 25 to the REAL POINT OF BEGINNING;
Thence North 00022'21" East, 402.37 feet to the northwest comer of Castle bury West
Business Park No.2, as same is shown on the Plat thereof Recorded in Book 101 of Plats at Page
13302 of Ada County Records;
Thence on the northerly boundary line of said Castlebury West Business Park No.2, and
Castlebury West Business Park No.1, as same is shown on the Plat thereof Recorded in Book 99
of Plats at Page 12755 of Ada County Records, for the following courses and distances:
Thence South 89033'32" East, 202.31 feet;
Thence North 00026'28" East, 60.00 feet;
Thence South 89033'32" East, 54.00 feet;
Thence South 00026'28 " West, 15.00 feet to a point of curve;
Thence 28.27 feet on the arc of a curve to the left, said curve having a radius of 18.00
feet, a central angle of 90000'00" and a chord distance of25.46 feet which bears
South 44033'32" East;
Thence South 89033'32" East, 92.20 feet to a point of curve;
Thence 11.72 feet on the arc of a curve to the left, said curve having a radius of28.00
feet, a central angle of 23 058'45" and a chord distance of 11.63 feet which bears
North 78027'05" East to a point of reverse curve;
Thence 98.35 feet on the arc of a curve to the right, said curve having a radius of 117.50
feet, a central angle of 47057'30" and a chord distance of95.51 feet which bears
South 89033'32" East to a point ofreverse curve;
Northwest Remainder Portion Annexation Desc.doc
Page 1 of 3
Thence 11.72 feet on the arc of a curve to the left, said curve having a radius of 28.00
feet, a central angle of23058'45" and a chord distance of 11.63 feet which bears
South 77034'09" East;
Thence South 89033'32" East, 158.83 feet to a point of curve;
Thence 30.99 feet on the arc of a curve to the left, said curve having a radius of 99.97
feet, a central angle of 17045'32" and a chord distance of 30.86 feet which bears
North 81033'42" East;
Thence North 72040'56" East, 12.71 feet to a point of curve;
Thence 18.60 feet on the arc of a curve to the right, said curve having a radius of 60.00
feet, a central angle of 17045'32" and a chord distance of 18.52 feet which bears
North 81033'42" East;
Thence South 89033'32" East, 103.24 feet to a point of curve;
Thence 31.42 feet on the arc of a curve to the left, said curve having a radius of 20.00
feet, a central angle of 90000'00" and a chord distance of28.28 feet which bears
North 45026'28" East to the northeast most corner of said Castlebury West Business Park No.1;
Thence leaving the northerly line of said Castlebury West Business Park No.1,
South 89033'32" East, 37.00 feet to a point on the section line common to said Sections 19 and
24;
Thence North 00026'28" East, 180.17 feet on the section line common to said Sections 19
and 24;
Thence North 89034'55" West, 378.50 feet (formerly described as North 89034'08" West)
a portion of said line being on the northerly boundary line of that parcel of land shown on
Record-of-Survey Number 6157 of Ada County Records, to the southwest corner of said Record-
of-Survey Parcel;
Thence North 00026'28" East, 625.00 feet (formerly described as North 00027'15" East)
on the westerly boundary line of said Record-of-Survey Parcel to the northwest corner of said
Parcel;
Thence South 89034'55" East, 378.50 feet (formerly described as
South 89034'08" East) on the northerly boundary line of said Record-of-Survey Parcel to a point
on the section line common to said Sections 19 and 24;
Thence North 00026'28" East, 1388.90 feet (formerly described as 1388.92 feet) on the
section line common to said Sections 19 and 24 to the 1/4 section corner common to said
Sections 19 and 24;
Northwest Remainder Portion Annexation Desc.doc
Page 2 of 3
Thence North 89034'50" West, 2658.84 feet (formerly described as South 89058'33"West,
2658.73 feet) on the east-west mid-section line of said Section 24, said line also being the
southerly boundary line of Amended Winward River Heights (a Subdivision), as same is shown
on the Plat thereof Recorded in Book 68 of Plats at Page 6988 of Ada County Records, to the
Center 1/4 Section comer of said Section 24;
Thence South 00040'04" West, 1435.15 feet (formerly described as South 00040'31 "West,
1435.16 feet) on the north-south mid-section line of said Section 24 to the northwest comer of
Foxtail Subdivision, as same is shown on the Plat thereof Recorded in Book 73 of Plats at Page
7563 of Ada County Records;
Thence South 89032'56" East, 1304.90 feet (formerly described as 1304.70 feet) on the
northerly boundary line of said Foxtail Subdivision to the northeast comer of said Subdivision;
Thence South 00020'38" East, 1219.26 feet on the easterly boundary line of said Foxtail
Subdivision to a point on the section line common to said Sections 24 and 25;
Thence South 89037'39" East, 478.65 feet on the section line common to said Sections 24
and 25 to the real point of beginning. Said parcel contains 111.58 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Northwest Remainder Portion Annexation Desc.doc
Page 3 of 3