Development Agreement - 2011 - Sea To Sea (Lofts At Eagle River) (EXPIRED) - 6/28/2011 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 12
BOISE IDAHO 06130111 08:49 AM
DEPUTY Vicki Allen
RECORDED—REQUEST OF III IIIIIIIIIIIII IVIIIIIIII II I III
Eagle City 111052588
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, made and entered into on the date as indicated herein, by and
between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its
Mayor, and Sea 2 Sea, LLC ("Owner").
WHEREAS,the Owner is the owner of record of certain real estate located at 827 East Riverside
Drive, 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-14-06 and RZ-
14-06 MOD; and
WHEREAS,the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation); and
WHEREAS,the Owner desires a MU-DA(Mixed Use with a development agreement)zoning
classification to develop a residential 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 any proposed use on 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 Owner'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 Owner 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 MU-DA (Mixed Use with a development
agreement) zoning designation for the Property with the requirements set forth in this Development
Agreement;and
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WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement (Exhibit C)pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same; and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference;and
WHEREFORE, the Owner 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 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 and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding design
review, preliminary and final plat reviews, condominium 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 date stamped by the City on December 20, 2006, represents the Owner's
current concept for completion of the Lofts at Eagle River a residential
condominium/townhouse development. As the Concept 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 Concept
Plan, notice shall be provided as may be required by the City.
3.3 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries. The
applicant shall also provide documentation from Eagle Sewer District approving the final
construction plans prior to submittal of the final plat application. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Division of
Environmental Quality, and/or Central District Health,that the install system is approved prior
to issuance of any building permits.
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3.4 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted.
3.5 As provided by the applicant, "Craftsman" shall be the required architecture standard for the
development. Eagle Design Review Board and Eagle City Council approval of the detailed
architectural plans of the structures, landscaping, and any proposed signage for the
development is required prior to submittal of a final plat application. To assure compliance
with this condition, the applicant shall create an architectural control committee (ACC) as a
component of the development's CC&R's. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved
by the City attorney prior to the approval of a condominium plat or issuance of a zoning
certificate, whichever occurs first.
The submittal of a building permit application to the City for all buildings within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
3.6 The owner shall submit a Design Review application for the site (as required by Eagle City
Code) and shall comply with all conditions required by the City of Eagle as a part of the
Design Review prior to submitting application for final plat approval.
3.7 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required excluding any
height exceptions that may be requested. Height exceptions shall require a conditional use
permit.
3.8 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the
common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance
with Eagle City Code, in perpetuity.
(b) Parking shall only be allowed in the designated parking areas or in the garage units of the
residential dwellings.
(c) A maintenance manual for the drive aisles requiring the association(s) shall have the duty
to maintain and operate all of the drive aisles providing access to the
condominium/townhouses including the repair and replacement of asphalt and sidewalks.
3.9 The applicant shall place a note on the condominium plat and final plat that all common areas
are to be owned and maintained by the Owners Association(s) for the development. The
applicant shall provide a copy of the CC&Rs (which shall include a similar statement
regarding the common areas) for review and approval by the City attorney prior to the
approval of a condominium plat.
3.10 Sidewalks shall be located as shown on the Concept Plan date stamped by the City on
December 20, 2006.
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3.11 A fire access shall be provided in the northeast corner of the development as shown on the
Concept Plan date stamped by the City on December 20, 2006.
3.12 The Concept Plan shows the locations for all buildings within the development. The Setbacks
shall be as follows:
Riverside Drive and Avenue"A" 15 feet
External Lot Lines (subdivision boundary) 20 feet
Structures (between buildings) 30 feet
Condominiums (drive aisle) 10 feet
Townhouse (drive aisle) 19 feet(to garage)(measured from back
of sidewalk)
3.13 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of
Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water
Resources (if applicable), Ada County, and any other appropriate governmental agencies, and
shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rules and regulations
pertaining to regulated wetlands prior to submittal of a final plat application.
3.14 The owner shall provide an Environmental Impact Assessment to the City with an analysis of
the proposed changes and how it will affect the area and if changes could be made to the plan
that would not significantly change the area. The Environmental Impact Assessment shall be
provided prior to the City Council approving a preliminary plat.
3.15 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, a minimum twelve foot (12') wide asphalt public pathway along the portion
of the Property adjacent to the Ballantyne Irrigation Canal. The specific location and design of
the pathway shall be approved by the City of Eagle Park and Pathway Development
Committee prior to submittal of a design review application. The asphalt pathway shall be
located in a recorded easement or easements dedicated to and accepted by Eagle as provided in
Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or
easements shall be referenced on the face of the plat for Lofts at Eagle River, upon recordation
of the condominium plat(s) wherein the pathway is located. Other than any pathways approved
by Eagle, development within the Floodway and the open space area between the Lofts at
Eagle River and the Boise River shall be prohibited.
3.16 Owner shall provide a club house as generally depicted on the Concept Plan. The intent of the
club house is to provide a venue for meetings and activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a
certificate of occupancy. Applicant shall provide a surety for completion of the clubhouse
prior to the City Clerk signing the final plat for Phase No. 1 of the Lofts at Eagle River.
3.17 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the"Dark Sky"concept of lighting.
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3.18 The owner shall provide documentation of an approved 404-Permit for work within any
wetlands on site prior to the City issuing a zoning certificate for the property.
3.19 The owner shall provide documentation from Ada County Development Services confirming
that work associated with the floodplain development permit and grading permit issued by
Ada County Development Services is complete and in conformance with the approved
permits. The documentation shall be provided to the city prior to the issuance of a zoning
certificate.
3.20 Owner shall provide pedestrian and bicycle public access as shown on the Concept Plan from
Riverside Drive to the paved greenbelt pathway to be reviewed and approved by the Eagle
Parks and Pathway Development Committee and the Design Review Board prior to the
submitting an application for final plat.
3.21 The owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an
access easement as required by the Ballantyne Irrigation Ditch Company prior to the issuance
of a zoning certificate.
3.22 Owner shall submit letters from the Eagle Water Company and the Department of
Environmental Quality (Boise Regional Office) indicating potable water service has been
approved to serve the site prior to submitting an application for final plat approval.
3.23 Provide an approved Land Use Change/Site Development Application from Boise River Flood
Control District No. 10 prior to submitting a final plat application.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property agreeing to submit the Property to this Development
Agreement (Exhibit C) and to the provisions set forth in Idaho Code Section 67-6511A 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 Owner 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 the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-
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R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing
the property to the A-R(Agricultural-Residential) zoning designation.
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 Owner(s)
(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 Owner. 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 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.
ARTICLE 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 of Idaho 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 of Idaho 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.
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8.4 Legal Representation. Both the Owner 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 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: Sea 2 Sea, LLC
Attn: Creston Thorton
827 East Riverside Drive
Eagle, Idaho 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.
8.8 Authority to Enter Into Agreement: 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 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 c2 0 v day ofJ(,1. , 2011.
CITY OF EAGLE, a municipal corporation orga ' ed
and existing un- the laws ✓ the State of Id
,. •., By: A ./.11 t • ,IA.".
.,ty 0 7..4, COW1C4,\ (1)z.5(:,:144/&__
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ili-4 .1P _ /
.&p r'.. Owner: %/
Sea 2 Sea,L C
By: jy_
Creston T.. on, Managing Member
STATE OF IDAHO )
: ss.
County of Ada )
On this day of l tv■-0-, , 2011, before the undersigned notary public in and for
the said state, personally appeared i '' - .: : , known or identified to me to be the Mayor of
the City of Eagle and the person w • ex ct{es ' -e`-or ,oing 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. .q
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,Y .IA,.
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*, �M"_T* Cs. ` r/1C1 Y I
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io a My Commission Expires: C..f-4.141,- 7
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STATE OF IDAHO )
: ss.
County of Ada )
On this Z:7 day of J-:'t , 2011, before the undersigned notary public in and for
the said state, personally appeared Creston Thorton, known or identified to me to be the Managing
Member of Sea 2 Sea, LLC, the owners of the property referenced herein and the person who executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
(Pis
+ '��% Notary Public for Idaho €' )l� , SL(.
orA„,. Residing at: — 2 - 5`-
��� * My Commission Expires:
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TOOTHMAN-ORTON ENGINEERING COMPANY
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 • FAX 208-323-2399 E -_:_- '-.�.. `x PLED
boise @toengrco.com 4 ,t' `- ` ' al
Project: 05089
Date: March 24, 2006 it 18 2036
Page: 1 of 2
File
FioutG to.
EXHIBIT "A"
Land Description of Property for Annexation/Re-zone
To the City of Eagle,Idaho
A parcel of land located in the West 1/2 of the East %2 of Section 16, Township 4 North,
Range 1 East Boise Meridian, Ada County,,Idahc;, being more particularly described as
follows:
COMMENCING at the North Quarter corner of said Section 16, from which the
Center of said Section 16, bears S.00°45'44"W., 2641.36 feet; thence, along the
longitudinal centerline of said Section 16,
A) S.00°45'44"W., 1320.43 feet to the Northwest corner of Government Lot 2 of said
Section 16, marking the POINT OF BEGINNING; thence, along said
longitudinal centerline,
1) N.00°45'44"E., 67.68 feet; to the centerline of E. Riverside Drive;thence,
along said centerline of E. Riverside Drive the following courses:
2) Southeasterly along a curve to the left having a radius of 595.00 feet, an arc
length of 12.63 feet, through a central angle of 1°12'59", and a long chord of
S.79°49'39"E., 12.63 feet; thence, along a line tangent from said curve,
3) S.80°26'09"E., 67.16 feet; to the beginning of a tangent curve; thence,
4) Southeasterly along a curve to the left having a radius of 450.00 feet, an arc
length of 74.10 feet, through a central angle of 9°26'06", and a long chord of
S.85°09'11"E., 74.02 feet; thence, along a line tangent from said curve,
5) S.89°52'14"E., 956.22 feet; thence, leaving said street centerline,
6) S.00°36'34"W., 747.49 feet to a point on the North toe of the Flood Control
Levee; thence, along said North toe;
7) S.55°18'38"E., 266.14 feet to the East line of said Government Lot 2;thence,
along the east line of said Government Lot 2 and the southerly extension
thereof, to a point on the mean high water line of the Boise River, as shown on
Record of Survey No. 2255, records of Ada County; Idaho,
8) S.00°36'34"W., 567.68 feet to the mean high water line of the Boise River;
thence, along said mean high water line, the following courses:
9) N.73°07'56"W., 235.65 feet; thence,
H_\05089\WPtiles\SURVEY\ExhA-PROPERTY Annexaiion.doc
BOISE • COEUR d'ALENE • CALDWELL 1
TOOTIIMAN-ORTON ENGINEERING COMPANY _
Project: 05089 MA w
Date: March 24, 2006
Page: 2 oft
R0141-8 to:
10)N.50°10'17"W., 143.59 feet; thence,
11)N.40°45'22"W_, 186.59 feet; thence,
12)N.18°08'13"W., 125.82 feet; thence,
13)N.53°53'47"W., 152.74 feet; thence
14)N.18°10'47"W_, 87.65 feet; thence,
15)N.03°23'59"W., 86.85 feet;thence,
16)N.64°08'39"W., 130.83 feet; thence,
17)N.70°12'19"W., 134.89 feet; thence,
18)N.71°00'50"W., 84.43 feet; thence,
19)N.05°34'28"W., 34.39 feet; thence,
20)S.89°17'03"W., 68.07 feet; thence,
21)S.75°14'09"W., 283.81 feet to a point on the westerly line of said Government
Lot 2; thence, along said westerly line,
22)N.00°45'44"E., 648.29 feet to the POINT OF BEGINNING.
CONTAINING: 25.37 acres, more or less.
. 731 6
v c ,3a4 f 2t.Jc , A, (This description is for Annexation purposes only!)
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H.H:`.05089\WPtiles,SURVEY`:.EshA-PROPERTY Annexation.doc 2
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EXHIBIT "C"
Affidavit of CRESTON THORNTON on Dena..(,,0...- ..ea,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
CRESTON THORTON, who being first duly sworn under oath, deposes and says:
1. I am CRESTON THORNTON, who is the Manager of Sea 2 Sea, LLC, whose mailing
address is 757 West Bankside Drive, Eagle, ID 83616 ("Sea 2 Sea LLC").
2. Sea 2 Sea, LLC is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto(the "Property").
3. Sea 2 Sea, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the 2.7 day of jj Ale, , 2011 by and between the City of Eagle, a municipal
corporation in the State of Idaho, and Creston Thornton, Sea 2 Sea, LLC (the "Agreement").
DATED this 2-3 day of J U"e ,2011.
By: Sea 2 S-a, LC
L----...
By:
Creston ornton, Manager
SUBSCRIBED AND SWORN to before me this Z 7 day of 7J^' , 2011.
,0,gggg'g•g•••••. Notary Public for Idaho
„so II
L. Meet•.,. Residing at e p) I` , Idaho
�!� t�' My Commission expires Ste-Z E-i /
`' It'OtARY
PUB1.1G
'•.;4,78 OF 19.0%
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