Development Agreement - 2012 - Summer Lawns Martin Family Trust - 9/26/2012 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 10
BOISE IDAHO 09/27112 01:18 PM
DEPUTY
RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
City of Eagle 112099710
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 "Development Agreement") is 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 The Martin Family Living Trust("Owner").
WHEREAS, Owner is the owner of record of certain real estate located at 11075 North Horseshoe Bend Road,
Eagle, Idaho,(the"Property"),as specifically defined in the attached legal description(Exhibit A):and
WHEREAS, Owner has made application to Eagle for annexation of the Property into Eagle with a rezone from
the existing RUT(Rural-Urban Transition-Ada County designation); to A-R-DA (Agricultural-Residential-up to one(1)
unit per five(5)acres with a development agreement)zoning classification to allow a horticulture operation/nursery use on
the Property(Eagle Files No.A-01-12 and RZ-01-12);and
WHEREAS. Eagle Planning and Zoning Commission recommended to Eagle City Council the requested
annexation and rezone of the Property subject to a development agreement to ensure that any horticulture
operation/nursery project upon the Property is 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, on June 12, 2012 Eagle City Council duly considered the Planning and Zoning Commission
recommendations and, after public hearing and deliberation, unanimously approved the annexation and rezone of the
Property subject to a development agreement as being in the best interest of Eagle;and
WHEREAS,on June 26,2012 Eagle City Council issued its written decision in connection with Eagle Files No.
A-01-12 and RZ-01-12, which decision requires that certain adopted conditions of development be included within a
development agreement;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 including adopted conditions of development to limit 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, 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 an A-R-DA (Agricultural-Residential-up to one (1) unit per five (5)
acres with a development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement;and
WHEREAS, Owner and Eagle desire to have the Property annexed into the corporate limits of Eagle and
developed as an integral part of Eagle as set forth in the site plan attached hereto (Exhibit B) (the "Site Plan"); and
WHEREAS. Owner has 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)(I)and be bound by same:and
WHEREAS,all exhibits mentioned herein are attached hereto and are incorporated herein by reference;and
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WHEREFORE, Owner and Eagle desire to enter into the Development Agreement,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 67-6511
A and Eagle City Code,Title 8,Chapter 10.
ARTICLE II
ANNEXATION ORDINANCE;ZONING ORDINANCE AMENDMENT
2.1 Owner hereby consents to the annexation of the entire Property by Eagle.subject to the following:
2.1.1. Concurrently with adoption of the annexation ordinance affecting the Property,
Eagle shall adopt an ordinance amending the Eagle Zoning Ordinance to zone the Property to A-R-DA
(Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) and specifically
designate this Development Agreement as the development agreement governing the Property. The ordinance
will become effective after its passage. approval, and publication and the execution and recordation of this
Development Agreement:and
2.1.2. The Property is contiguous with Eagle's jurisdictional boundary. Eagle shall take all
steps necessary to timely annex the Property into Eagle's corporate limits as set forth in this Development
Agreement, including, but not limited to, the concurrent publication of an annexation ordinance and zoning
ordinance as provided in Section 2.1.1.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 The Site Plan(Exhibit B)represents Owner's current concept and approved uses for the Property. Prior to
future development and/or change of use on the Property Owner will submit a development agreement
modification application with a revised Site Plan. The owner will also submit such applications regarding
design review,preliminary and final plat reviews,and/or any conditional use permits, if applicable,and any
other applicable applications as may be required by 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.
3.2 The horticulture operation,nursery,and accessory landscaping business is the only approved use for the site.
Any change of use will require a modification to this Development Agreement prior to the change of use.
3.3 The owner shall not allow fumes or odors(from grass clippings)to be generated from the site. If any fumes
or odors (from grass clippings) are generated from the site those fumes and/or odors shall be mitigated
within a 24-hour period.
3.4 The accessory structures located adjacent to the north and south property lines shall be allowed to remain at
their current locations. Should an accessory structure be removed or replaced. a new accessory structure
shall meet the setback and location requirements for the A-R-DA(Agricultural-Residential up to one(1)unit
per five(5)acres with a development agreement)zone.
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 (Exhibit C) and be bound thereby, and comply with and be bound by the
provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 shall be provided and is
incorporated herein by reference.
ARTICLE V
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DEFAULT
5.1 In the event 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, after thirty (30) days of written
notice of such failure to Owner and 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 or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1; provided, however, that if the
nature of the default is such that the same cannot reasonably be cured within such thirty (30) day
period,Owner shall not be deemed to be in default if Owner shall, within such period,commence such
cure and thereafter diligently prosecute the same to completion..
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement,the enforcing 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.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Development 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 AR(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 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 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
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 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 Development 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 Development
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.
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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: The Martin Family Living Trust
Attn:Thomas James and Katharine Elizabeth Martin
PO Box 140658
Boise,ID 83714-0658
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
Development Agreement by both parties as evidenced on the next following page.
8.7 Authority to Enter Into Agreement: By the execution and delivery of this Development 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)or Trust action,and necessary
corporate (or LLC) or Trust resolution(s) have been executed for the undersigned representatives to
sign this Development Agreement and so bind their respective parties.
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IN WITNESS WHEREOF, the parties having been duly authorized have executed this Development Agreement on the
date set forth immediately below.
DATED thist4 40day ofapiemier2012.
•••s tiAGI-� .� CITY OF EAGLE,a municipal corporation
•`
0 •' •'• �� organized and existing under the laws of the
� •4O4AT� ••; State of Idaho•• Q •
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• •• o+::�:ei Q �� .I�es D. Reynolds, M yo
ATTEST: '. •
"Sharon . Bergmann,City Clerk
Owner(s):
Thomas James Martin,Trustee
The Martin Family Living Trust
ByA, f,fi
.th. me Elizabeth +'s rus�J
The artin Family Living Trust
Schedule of Exhibits
Exhibit A Legal Description of the Property
Exhibit B Site Plan
Exhibit C Affidavit of Consent to Development Agreement
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State of )
)ss.
County of kit__ )
On this024 day ofS(, ry ✓2012, 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.
0310
IN WITNESS WHEREOF, I have hereunto s- ,•- a .nd year first above written.
I jA1r
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State of 'It�.V...a )
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County of kok....._. )
On thi tLday of 1 pr- 4 'c 2012.before the undersigned notary public in and for the said state,
personally appeared THOMAS JAMES MARTIN,and KATHARINE ELIZABETH MARTIN,known or identified to me
to be the trustees for The Martin Family Living Trust,owner of the property referenced herein and the persons who
executed the foregoing instrument on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
��6.e * �Fj +++++ Notary Public r Idaho
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EXHIBIT A
Legal Description
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CITY OF
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MAR 2 6 2012
DTI) SURVEYING, T.T,C, Foe, 2014.1360_1442
;
I'mfevional Land Surveyor -
b.igle.ID .
March 6,2012
MARTIN ANNEXATION DESCRIPTION
RUT to A-R-OA
Part of the Northeast quarter of the Northeast quarter in Section 10,T.4N.,R.1F.,
B.M.,Ada County,Idaho,described as follows:
From Section corner common to Sections 2, 3, 10,and 11,T.4N.,R.1E.,B.M.,
Ada County.Idaho;running thence South on the Section tine 451.8 feet to the REAT,
POINT OF BEGINNING:
Thence West, 1013.5 feet to a point;
Thence South 8°00'West,51.4 feet to a point;
Thence South 59°45' West,288.1 feet to a point;
Thence Fast, 1269.0 feet to a point on the Section line;
Thence North 196.0 feet to the Place of Beginning.
Written from data of record without benefit of a field survey by DTP Surveying,TLC,.
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EXHIBIT B
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EXHIBIT C
Affidavit of Consent to Development Agreement
Affidavit of THOMAS JAMES and KATHARINE ELIZABETH MARTIN on behalf of The Martin Family
Living Trust
AFFIDAVIT OF CONSENT TO DEVELOPMENT AGREEMENT
STATE OF IDAHO
)ss.
County of Ada
THOMAS JAMES AND KATHARINE ELIZABETH MARTIN,who being first duly sworn under oath,deposes
and says:
1. We are Thomas James and Katharine Elizabeth Martin,who are the Trustees of The Martin Family Living Trust,
whose mailing address is PO Box 140658, Boise, ID,83714-0658,("Trust").
2. The Martin Family Living Trust is the fee simple owner of the parcel of real property described on Exhibit 1,
attached hereto(the"Property").
3. The Martin Family Living Trust authorizes the submission of the Property to certain Development Agreement
pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the
'1,0%-day of Sc0v..4..{ ,2012 by and between the City of Eagle,a municipal corporation in the State of Idaho,
and The Martin Family Living Trust(the"Development Agreement").
DATED this1.04Lay of czeh•..1••(-2012.
By:The Martin Family Living Trust
Thomas James Martin,Trustee
Kath. ine Elizabeth Marti . rust-e
SUBSCRIBED AND SWORN to before me thiaay of Svpk4,4 012.
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Q•; 'S My Commission expires I\ / � i A '
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EXHIBIT 1
Legal Description
,
CITY OF EArs,'"t'
MAR 2 6 am
414 s: DTP_SURVEYING JLC 2AR.RE.0-3442
Profexuonai Land Surveyor • Cc.
ic If)
March 6,2012
MARTIN ANNEXATION DESCRIPTION
RUT to A-R-OA
Part of the Northeast quarter of the Northeast quarter in Section 10,T.411.,R.1E.,
13.M.,Ada County,Idaho,described as follows:
From Section corner common to Sections 2,3, 10,and 11,T.4N.,R.1E.,B.M.,
Ada County,Idaho;running thence South on the Section line 451.8 feet to the REAL
POINT OF BEGINNING:
Thence West, 10115 feet to a paint;
Thence South 8°00' West,51.4 feet to a point;
Thence South 59°45'West, 288 1 feet to a point;
Thence East, 1269.0 feet to a point on the Section line;
Thence North 196.0 feet to the Place of Reginning.
Written from data of record without benefit of a field survey by DTP Surveying,LT,C.
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