Development Agreement - 2020 - Hidden Pond Subdivision - 3/20/2020 ADA COUNTY RECORDER Phil McGrane 2020-039581
BOISE IDAHO Pgs=13 DAN RYALLS 04/06/2020 11:18 AM
EAGLE CITY NO FEE
II I II I I II I II III I II I III I II I II II I I I II I II I I II I fI III
00763444202000395810130138
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 Creek Water, LLC ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1795 and 1797
West Floating Feather 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-15-18; and
WHEREAS, the proposed development includes properties within an area currently zoned R-E
(Residential-Estates); and
WHEREAS, the Owner desires a R-3-DA-P (Residential with a development agreement—PUD)
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 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 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 R-3-DA-P (Residential with a development
agreement—PUD) zoning designation for the Property with the requirements set forth in this Development
Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibits B1 — B2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same;and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by ft
►
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 R-3-DA-P (Residential with a development agreement — PUD), 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 ON DEVELOPMENT
3.1 The maximum number of dwelling units shall not exceed 8-dwelling units, including the 1-existing
house (.81-dwelling units per acre).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, 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.
3.3 The Concept Plan (Exhibit C) represents the Owner'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. 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.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, private streets, and amenities. The owner
shall provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowner's association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement that the owners of Lots 12 and 13 will be responsible for the maintenance and
operation of the common driveway located within Lot 1
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K[.Plannme DcpnEaale ApplicaiionsVPrcliminor Development Plans 2010 Hidden Pond Sub do cc fol i cr doe
(c) A requirement for all fencing located adjacent to open space to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type decorative
fencing. All other fencing (ie. dog-eared cedar fencing,vinyl, chainlink) shall be prohibited.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to
the submittal of a final plat application. Prior to issuance of any building permits, Owner shall
provide proof of central sewer service to the proposed residential uses. A letter of approval shall be
provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.6 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.7 In conjunction with 3.6 above, all living trees that do not encroach upon the buildable area on any
lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
for removal and mitigation by the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat application.
3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed common areas throughout the development, 3)
elevation plans for all proposed common area structures and irrigation pump house (if proposed),4)
landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as
picnic tables, covered shelters, benches, gazebos, and/or similar amenities, The design review
application shall be reviewed and approved by the Eagle Design Review Board prior to the
submittal of a final development plan/final plat applications.
3.9 The existing home (Lot 13, Block 1) may continue the use of the existing well, however, in the
event the well fails Owner shall be required to connect to the central water system. Owner shall
provide a water stub-out for public water to the existing home prior to the issuance of any building
permits for the subdivision.
3.10 Owner shall place a 4'X 8' subdivision sign containing information regarding the proposed
development. The subdivision sign shall be located on the Property adjacent to West Floating
Feather Road.
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ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibits B1 — B2) and be bound thereby, and
comply with and be bound by the provisions set forth in Idaho Code Section 67-651 1A 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. In the event this Development
Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses
allowed within an R-E (Residential-Esates) zoning designation until Eagle enacts and records an
ordinance changing the property to the R-E (Residential-Estates)zoning designation.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle the prevailing party 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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
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 Development Agreement 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 the 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 Owner, and its 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 bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
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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.
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: Creek Water, LLC
Attn: Herman and Susan Banos
P.O. Box 1575
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 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to
provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash
deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such
fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of
such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owner.
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K`Planning Dept VEagle ApphcabonsVPrchtn nary Development Plans,201 S\Hidden Pond Sob do cc tnl rer_doc
Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current
balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit), the
Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed.
Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the
unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial
assurance under this Section shall not preclude it from exercising any of the other rights and remedies
afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.9 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.
8.10 Termination: If a final plat associated with the Property is not recorded, this agreement shall
terminate 5-years after the Effective Date.
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IC manning DcpdEaglc ApphcanonsVPi chnunary Development Plans 20IS\Hiddon Pond Sub da cc Irl vcr_doc
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
*2010
DATED this 20 day of kkotIA , fl-t .
CITY OF EAGLE, a mu . ' al corporation organized
and ext ting under the aws of the ate of Idaho
By:
Jasc erce,Mayor
T: 4.1)
rtVA
,- Sharon K.Blgtfii11:°10tty Clerk
45) k
. ecfr ��04, '& OWNER:
.i..- .. (
C.) •VORA �fi .� Creek Water,LLC
-
+� , . r:
-��
SEAL/
S ,i'1"ZG .4 44 °; ?n, W. Ba 4, Manager
,,AIP
By: /
Susan G. Barros, anager
STATE OF IDAHO )
: ss.
County of Ada )
20
On this 2D day of_ tk-DL►T -- , 20\2, before the undersigned notary public in and for
the said state,personally appeared HERNAN W. BARROS, known or identified to me to be a Manager of
Creek Water, LLC, owners of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set hand and seal the day and year first above
written. ,,,,,,suii,,,,,
C, L Public f+ - da
Nn ARy.01 E Residing at: . .r •. i g...)
pUI3L1C My Commission Expires: Jb�2 /22
,\.� Se1, l ,
•..erl .of i9 �'
►,,,,/iiinew,
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IG,Planuina Dc1 t Eagle Appltcanons;Prchmtna, Dcr clopment Plans,20 Iii Hidden Pond Sob do cc fi5I cer.doe
STATE OF IDAHO )
: ss.
County of Ada )
7)0
On this 2O day of IluxYGL- , 213-1,9.,before the undersigned notary public in and for
the said state, personally appeared SUSAN G. BARROS, known or identified to me to be a Manager of
Creek Water, LLC, owners of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto my hand and seal the day and year first above
written.
.....H..qy.•
dit
,,.'qr t� ••., a U- �t ,� 1.r
% . u,K••.l Wary Public for dah
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• ! �nTaR�. _� Residing at: YWdel*1 R , 1 t�
• My Commission Expires: �6 � , ,
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K:,Plannine DeptlEaale ApplicationsTi elunmaty Development Plans_UIS Hidden Pond Sob da ce fil ver.doc
Exhibit "A" RECEIVED& FILED
CITY OF EAGLE
NOV 1 5 2018
DESCRIPTION FOR File:
1795 & 1797 FLOATING FEATHER ROAD Route to:
EAGLE, IDAHO
A parcel of land located in the NE 1/4 of the NE 1/4 of Section 7, T.4N., R.1E., B.M.,
Eagle, Ada County, Idaho more particularly described as follows:
Commencing at the NE corner of said Section 7 from which the N1/4 corner of said
Section 7 bears South 89°27'52"West, 1321.49 feet;
thence along the North boundary line of said Section 7 South 89°2T52" West,
300.01 feet to the NW corner of Covenant Hill Subdivision as filed Book 95 of Plats at Pages
11,635 through 11,639, records of Ada County, Idaho, said point being the REAL POINT OF
BEGINNING;
thence along the exterior boundary line of said Covenant Hill Subdivision the
following 3 courses and distances:
thence South 01°09'32"West, 726.04 feet;
thence North 89°27'52" East, 300.01 feet;
thence South 01°09'18"West, 593.93 feet to the N1/16 corner of said Section 7;
thence along the South boundary fine of the NE 1/4 of the NE 1/4 of said Section 7
South 89°26'42"West, 225.00 feet to the SE corner of Lockwood Subdivision as filed Book
85 of Plats at Pages 9,546 through 9,548, records of Ada County, Idaho;
thence along the easterly boundary line of said Lockwood Subdivision the following 9
courses and distances:
thence North 00°00'26" East, 50.32 feet;
thence 255.18 feet along the arc of a non-tangent curve to the right, said curve
having a radius of 267.50 feet, a central angle of 54°3922" and a long chord which bears
North 41°01'23"West, 245.61 feet;
thence North 13°10'31"West, 146.14 feet;
thence North 15°53'43"West, 201.02 feet;
thence North 33°06'57"West, 175.62 feet;
thence 67.41 feet along the arc of a curve to the right, said curve having a radius of
236.88 feet, a central angle of 16°18'15" and a long chord which bears North 24°57'50"
West, 67.18 feet;
thence North 12°49'30"West, 32.91 feet;
Page 1 of 2
thence South 89'5934East, 23.55 feet;
thence North 00032'56" West, 56.95 feet;
thence continuing along the easterly boundary line of said Lockwood Subdivision
and the northerly extension thereof North 03°27'07" East, 453.45 feet to a point on the North
boundary line of said Section 7;
thence along said North boundary line North 89°2752" East, 243.18 feet to the
REAL POINT OF BEGINNING. Containing 9.85 acres, more or less.
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Page 2 of 2
EXHIBIT"B1"
Affidavit of HERNAN W.BARROS on behalf of Creek Water, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada
HERNAN W. BARROS,who being first duly sworn under oath, deposes and says:
1. I am HERNAN W. BARROS, who is a Manager of Creek Water, LLC, whose mailing
address is P.O. Box 1575, Eagle, Idaho, 83616 ("Creek Water, LLC").
2. Creek Water, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, (the"Property").
3. Creek Water, 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 tay of r t}! , 20I=.by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Hernan W. Barros, Creek
Water, LLC. (the"Agreement").
DATED this 20 day of Mottrek 20 ')
By: Creek Water, LL
y.
B • b/ /
-n an W. :.r os, Manager
SUBSCRIBED AND SWORN to before me this 2o day of A 10, , 20X
��114111111JII, •
,•�,��� 11 1+.•
otary Puhli or Idah -
O7 �A.1n.
t1 R�� Residing at 1 U -leo
•
My Commission expires in1.24 v
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K:'d'lannmg Dept:EagIe Appl Lit om;ProInn tnanv DcvclopinoN PlaunA30 I A'I ltdden Pond Sob da affid:n h tt I,don
EXHIBIT"B2"
Affidavit of SUSAN G. BARROS on behalf of Creek Water, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
SUSAN G. BARROS, who being first duly sworn under oath, deposes and says:
1. I am SUSAN G. BARROS, who is a Manager of Creek Water, LLC, whose mailing
address is P.O. Box 1575,Eagle,Idaho, 83616 ("Creek Water, LLC").
2. Creek Water, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, (the"Property").
3. Creek Water, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section V-65 11 A and Eagle
City Code Section 8-10-1 dated the /0 day of °# .fit , 20 `by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Susan G. Barros, Creek
Water, LLC. (the"Agreement").
DATED this 20 day of , 20'
By: Creek Water, LLC
By: 41/41I
Susan G. Barron anagen
SUBSCRIBED AND SWORN to before me this 20 day of , 20Nk,
Atvui
;• � 40
sO IARr ; = Notary Public for Ids a
Z - Residing at g41 C1.1 CI•0-- Idaho
PGELIC My Commission expires 1 NV-21-2,-2,_
dk
. 1? °j •.•• "
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K`Planning Dept'Eagle.Applicmums'Prchminaiy DC clopuient Plans'201A IIiddcn Pond Sub da affidavit 132,doc
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HIDDEN POND SUBDIVISION __.___
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