Development Agreement - 2014 - Castle Rock Subdivision - 2/6/2014 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10
BOISE IDAHO 02113114 02:24 PM
DEPUTY RECORDED—REQUEST OF II I I I II I II I II II I I II I II II I I II I II 111 III
Eagle City 114011321
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 Hammett Homes("Owner").
WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately
10.04-acres generally located on the east side of North Meridian Road approximately 940 feet north of
West Floating Feather Road,("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-05-13; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation)and R-E-DA; and
WHEREAS, the Owner desires a R-E-DA (Residential-Estates — up to one (1) unit per two (2)
acres with a development agreement) zoning classification to develop a 6-lot (5 buildable, 1 common)
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-E-DA(Residential-Estates—up to one(1)
unit per two (2) acres 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 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 R-E-DA (Residential-Estates—up to one(1)unit per two(2)acres with a
development agreement), 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 Applicant 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.
3.2 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. 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 The Owner shall address the site specific conditions of approval of the lot line adjustment(LLA-
04-13) and present a record of survey mylar ready for signature by the City Clerk prior to the
adoption of an ordinance for annexation and rezone of the subject property.
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 the pressurized irrigation
facilities, private road, and borrow ditch (drainage swales). The owner shall provide an
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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 ant that the homeowners association or other entity cannot
be dissolved without the express consent of the city.
b) A requirement that in the event any of the CC&R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's 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&R's unlawful, then in such event that
portion shall be deemed to be amended to comply with the applicable rule,regulation, law or
ordinance.
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 67-6511A 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-
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
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portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(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
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;
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Eagle: City of Eagle
660 E. Civic Lane
Eagle,Idaho 83616
Owner: Hammett Homes
Attn: Craig Hammett
372 S.Eagle Road,#178
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. 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 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;
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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 this b de,t'sA �4.„�, 04j,4.
r��QOR . ?.
• �• ! O F z CITY OF EAGLE,a municipal corporation organized
t v ••• * S. and existing under the laws of the State of Idaho
A \
1*
-.,,. J, NMI•,.4'/ By r��, $.
..,9. 'OF;O��.• es D.Reynolds,M. or
• TTEST:
Sharon K. Bergmann,City Cle,
Hamme Homes s
By: YcU q-do-40---
.
Hammett,Managing Member
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STATE OF IDAHO )
. ss.
County of Ada )
On this day of Pein.Lll ,2014,before the undersigned notary public in and for
the said state,personally appeared JAMES.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.
n�SP,7II
IN WITNESS WHEREOF;'f. av i teypto set my hand and seal the day and year first above
written. '•.
•
- • PR
A Lam`/ d i/
Q ,`' •4°9 V • �► P :'ic f' Idaho
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4-"•••• ••,.•`40I /62_ommiss`on Expires: Of so 07-045-•0•.••• �.
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STATE
STATE OF IDAHO )
: ss.
County of Ada )
On thil..-e�day of F ,2014,before the undersigned notary public in and for
the said state,personally appeared CRAIG D.HAMMETT,known or identified to me to be the Managing
Member of Hammett Homes,the owner 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.
{4 v
Notary Public for o
Residing at:
My Commission Expires: t-f- -
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EXHIBIT "A"
R & FD
CITY ECEIVED OF EAGLE
AUG212013
I File:
Legal Description I Route to:
Castle Rock Subdivision
A parcel located in the SW 1/4 of Section 6, Township 4 North, Range 1 East, Boise Meridian,
Ada County, Idaho, and more particularly described as follows:
Commencing at a Brass Cap monument marking the southwest corner of said SW "/4, from
which a Brass Cap monument marking the northwest corner of said SW '/4 bears N 0°54'31" E a
distance of 2639.94 feet;
Thence N 0°54'31" E along the westerly boundary of said SW '/ a distance of 953.20 feet to the
POINT OF BEGINNING;
Thence continuing N 0°54'31" E along said westerly boundary a distance of 53.77 feet to a
point;
Thence leaving said westerly boundary N 89°21'28" E a distance of 293.87 feet to a 5/8 inch
diameter iron pin;
Thence N 0°54'31" E a distance of 292.23 feet to a 5/8 inch diameter iron pin;
Thence N 89°22'31" E a distance of 549.07 feet to a point on the southerly bank of Dry Creek
Canal;
Thence S 72°07'50" E along said southerly bank a distance of 75.43 feet to a point;
Thence continuing along said southerly bank S 32°43'39" E a distance of 287.79 feet to a point;
Thence leaving said southerly bank S 43°40'21" W a distance of 636.31 feet to a 5/8 inch
diameter iron pin;
Thence S 8°06'11" W a distance of 172.99 feet to a 5/8 inch diameter iron pin;
Thence S 51°15'18"W a distance of 206.75 feet to a 5/8 inch diameter iron pin;
Thence N 8°21'59"W a distance of 50.00 feet to a 5/8 inch diameter iron pin;
Thence N 11°41'59"W a distance of 318.39 feet to a 5/8 inch diameter iron pin;
Thence N 35°13'14" E a distance of 387.33 feet to a 5/8 inch diameter iron pin;
Thence S 89°21'28"W a distance of 602.30 feet to the POINT OF �� LAN
BEGINNING; ` N 0 .
�5 STE. 4 .p
This parcel contains 10.04 acres and is subject to any easements o Q"�
existing or in use. `� 11118
a
Clinton W. Hansen, PLS o i 9TE!j�tif3 ' .z
Land Solutions, PC OF Y
August 20, 2013 �''
ON W Kp.
Lartiolutions Castle Rock Subdivision
Job No.13-40
Land Surveying and Consulting
EXHIBIT "B" j
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EXHIBIT "C"
Affidavit of CRAIG D.HAMMETT on behalf of Hammett Homes
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
CRAIG D. HAMMETT,who being first duly sworn under oath,deposes and says:
1. I am Craig D. Hammett,who is the Managing Member of Hammett Homes, whose mailing
address is 372 S.Eagle Road,#178,Eagle,ID, 83616("Hammett Homes").
2. Hammett Homes, is the fee simple owner of the parcel of real property described on
Exhibit 1,attached hereto(the"Property").
3. Hammett Homes, 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 6 day of raise— 2014 by and between the City of
Eagle, a municipal corporation in the State of Idah and Craig D. Hammett, Hammett
Homes(the"Agreement").
DATED this (7 day of t4 t u er f ,2014.
By: Hammett Homes
By: AQ C^
raig D.i ammett,Managing Member
SUBSCRIBED AND SWORN to before me this LA_ day of rte!? ,2014.
A �
NotaryPU lic f r daho
Residing at — I aho
• d'** R My Commission expires
p .if
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