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Development Agreement - 2013 - Syringa Subdivision - 11/20/2013 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 13 BOISE IDAHO 11/21113 08:03 AM DEPUTY Bonnie RECORDED—REQUEST OOberbillig 1111111111111111111111111111111111111 Recording Requested By and Eagle City 113126936 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 SCS Syringa Marydale,LLC, Inc. ("Owner"). WHEREAS,the Owner is the owner of record of certain real estate located on the north side of West Floating Feather Road approximately'A(one-quarter)mile west of North Lanewood 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-01-13; 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 R-3-DA-P(Residential—up to three(3)units per acre with a development agreement—PUD)zoning classification to develop a 142-lot(128 buildable, 14 common)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—up to three(3) units per acre with a development agreement—PUD)zoning designation for the Property with the requirements set forth in this Development Agreement;and Page 1 of 8 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da cc fill ver.doc WHEREAS, the 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)(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 67-651 IA 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—up to three(3)units per acre 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 OF DEVELOPMENT 3.1 The maximum density for the Property shall be 2.01 dwelling units per acre(128 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner 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 B) 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 or be required. 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 and 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 maintenance of all community and privately owned landscaping, pressurized irrigation facilities,and amenities. Page 2 of 8 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da cc fnl ver.doc (b) The style of fencing (open versus solid) located adjacent to the open space areas will be required as shown in Exhibit"E" of the development agreement. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"D". 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 the first final plat. The submittal of the building permit application to the City for each structure 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. To assure compliance with the conditions of approval herein,the City reserves the right to deny,at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.6 Final plat applications submitted in compliance with the approved preliminary plat phasing plan shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years 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 two (2) 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. 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 67-651 IA 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. Page 3 of 8 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da cc fill ver.doc 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- 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 PROVISION S 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 Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however,that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and 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 Page 4 of 8 K:\Planning Dept\Pagle Applications\Preliminary Development Plans\2013\Syrmga Sub da cc fnl ver doc 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: SCS Syringa Marydale,LLC • Attn: Steven C. Smith 855 Broad Street, Suite 300 Boise,ID 83702 Copy to: Brighton Development Inc. Attn.Amanda K. Schaus 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 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 Page 5 of 8 K.\Planning Dept\Eagle Appbcabons\Preliminary Development Plans\2013\Syringa Sub da cc fill ver.doc assurance provided by the Owner. 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 shall provide written notice to Owner specifying the default. Owner shall have thirty (30)days after its receipt of written notice from the City to cure the default; provided that if the default is of a nature that it requires more than thirty(30) days to cure, and Owner is diligently pursuing such cure, Owner shall have a reasonable time to cure, which in no event shall exceed ninety (90) days. If Owner fails to cure such default within the timeframe provided herein, the City may 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 8.6 of this Development Agreement and 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. IN WITNESS WHEREOF,the parties have executed this Development Agreement. DATED thisol0 day of} J v'J t 20l 3. Page 6 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syrmga Sub da cc fill ver.doc CITY OF EAGLE,a municipal corporation organized an. xisting under th— s of the State of Idaho By /�. _ .� A _4aL.�i/ •1 es D. Reynold , M.04 or 0•6G VAGLA, NPoi ATTEST: / QOaa TF �C'. Sharon K :ergmann,City Clerk i; • s�p► .•••••• ATE Ole SCS Syringa Marydale,LLC, an Idaho limited liability company 11111PW / r` Smit B" ,Manager Page 7 of 8 K_\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da cc Sd ver_doc STATE OF IDAHO ) : ss. County of Ada ) �,t� On this day of j Q(kli1w•c c✓ , 2013, 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 WHEREOF, I have hereunto set my hand and seal the day and year first above written. t • V ell/V No . • 'ublic for Idaho 11 Residing at: lkair l ` rr�� My Commission Expires: — -vL0 STATE OF IDAHO ) . ss. County of Ada ) On this day of/jO(M/bAAl ,2013,before the undersigned notary public in and for the said state,personally appeared STEVEN C. SMITH,known or identified to me to be the Manager of SCS Syringa Marydale,LLC, owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary ublic for Idaho 4 AMANDA K. SCHAUS • Residing at: Qel (I) NOTARY PUBLIC My Commission Expires:(.Rt(.(7 STATE OF IDAHO • Page 8 of 8 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da cc fnl ver.doc EXHIBIT "A" W45 lam THE LAND GROUP, INC. Date: February 20, 2013 Project No. 113018 SCS SYRINGA SUBDIVISION ANNEXATION DESCRIPTION A parcel of land located in the SW 1/4 of Section 2, T. 4 N., R.1 W., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 Section Corner common to Sections 2 and 11 of said T. 4 N., R. 1 W.; Thence North 01°00'54" East, 530.79 feet on the section line common to said Sections 2 and 11 to the southeast corner of Parcel B, as same is shown on Record-of- Survey Number 7178 of Ada County Records, (from which point the Center 1/4 Section Corner of said Section 2 bears North 01°00'54"East, 2125.23 feet distant); Thence from said southeast corner of Parcel B, North 89°17'12" West, 1328.60 feet on the section line common to said Sections 2 and 11 to the southwest corner of said Parcel B, which point is also the southeast corner of Parcel A as same is shown on said Record-of-Survey Number 7178, said point being the REAL POINT OF BEGINNING; Thence continuing North 89°17'12" West, 1302.99 feet on the southerly boundary line of said Parcel A to a point on the Section line common to Sections 2 and 3 of said T. 4 N., R. 1 W., said point being the southwest corner of said Parcel A; Thence North 00°48'40" East, 2125.20 feet on the Section line common to said Sections 2 and 3 to the 1/4 Section Corner common to said Sections 2 and 3, said point also being the northwest corner of said Parcel A; Thence South 89°17'12" East, 1302.99 feet on the east-west mid-section line of said Section 2 to the northerly property corner common to said Parcels A and B of Record-of-Survey Number 7178; Thence South 00°48'40"West, 21 25.20 feet on the property 1' - -e mon to said Parcels A and B to the real point of beginning. Parcel con 63. ., mere or les . / IAA° PREPARED BY: T R + THE LAND GROUP, INC. 0,, .,4 880 James R. Washburn, PLS 2-zo-2.n13 i OF to r i of I Landscape Architecture•Site Planning•Civil Engineering•Gall-Course Irrigation 6.I:ngr /, • 4'u onunm,catron 462 E.Shore Drive,Ste. 100,Eagle,Idaho 83616•P 208.939.4041 F 208 939 4445•www.thclandgroupinc.corn EXHIBIT "B" O 0 r lal Ei o © ; © i o ; © ; o ; o o _s o i 111 • g.. WTI a,,, 6 f 0 Jr. I I ` ° I ° ; ° I ® { 0loIolo © -- '° '4,°'-',---".--'° G © g 0' lifit;LI i am n.' O I © p 6 Qi OI ® I +J <a __.` / 6 ice _® © ' © sR Q 4q e I© ._,• iriiiiNNINNINN 1,4.2 4 Ai A IA:1E. © � $ , I(... I �3 fe ' __ s[roulo aS�o2 AN Pi 6e ns Nx oN se F6-w5kio lu Ef a w;6P e R eeo q A'it■ O.a . ®` ®Eg�.__ b fY I Oa�I ,® O , . cli I I a o © m SYRINGA ' ;;.. SUBDIVISION © ° e PLANNED UNIT Faliki - .r en.- .� gaga@ o, © ° A e DEVELOPMENT 6 : - - _ _ .. i '.. .ua.Q'�lYYpr'auYf^ P ( oF1 EXHIBIT "C" Affidavit of STEVEN C. SMITH on behalf of SCS Syringa Marydale,LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) STEVEN C. SMITH,who being first duly sworn under oath,deposes and says: 1. I am Steven C. Smith, who is the Manager of SCS Syringa Marydale, LLC, whose mailing address is 855 Broad Street, Suite 300,Boise,ID, 83702("SCS Syringa Marydale,LLC"). 2. SCS Syringa Marydale, LLC, is the fee simple owner of the parcel of real property described on Exhibit 1,attached hereto(the"Property"). 3. SCS Syringa Marydale, 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 day of , 2013 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Steven C. Smith, SCS Syringa Marydale, LLC (the "Agreement"). DATED this/21tday of IV big.tui/ , 2013. By: SCS Syringa Marydale, LLC By: 4Irf •- C. mith,Manager SUBSCRIBED AND SWORN to before me this A*day of oimmitv ,2013. V • ► Nota a lic for paho o AMANDA K. SCHAUS - Residing at gl■14C, ,Idaho • NOTARY PUBLIC My Commission expires (2t(.(7 STATE OF IDAHO Page 1 of 1 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Syringa Sub da affidavit.doc EXHIBIT "D" Exhibit „p" �� ido f STY(PS of NZedN r1 GIlia& E x w- � t= tip„ i! i r oF t EXHIBIT "E" - � -... _.... UN P L A TTED c . � !,© •i / g I' e®al ".Q 1 gI ®gl : gl !O gl H* l ® i% , 1._ t, N H 3383 x e D 9i a C Q N T . a _ I _ ;_ - B 1®Fg ® a 1 y1llb a® a O t C� 50,,, 4 1©�j' 1 1_ , Is'1, !Q F � � CQ � G. a a � � � � Q --r', Qi D AtlaPN 1 InR pp. y _,,_- i — __—�_—_.- J N. - vO '4 ' . a 1 x 'FI ��y A `xa.- �t� � '#'wr� � Oh 1 --.7,----; �—_ r �Fl �: �Q �\`�-_ '� i'" - P��`- g �_Q I , © ll Q _ ., PC O�°4a �/�...... . wS® a g ® - .� ...L'S.....--- .` j-"' . 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PI F �iR 5' Open Fencing 4` -�-Sati���ing-vv/2'-L-attiee-----_-_---- __. _ _' Proposed Exterior Fencing Syringa Subdivision P. toF t