Development Agreement - 2014 - Vigne D' Aquila DA MOD (ACTIVE) - 5/20/2014 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 7
BOISE IDAHO 06/03114 08:35 AM I
DEPUTY RECORDED 81 REQUEST OF II I I I II I(I I(I(I I I'I I(I I1lII 1�111111111
Eagle City 1 14042632
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, 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 TKS Properties, LLC, and Richard Vincent, ("Owners").
WHEREAS, the Owners are the owner(s) of record of certain real estate consisting of
approximately 27.38-acres generally located at the northeast corner of North Ballantyne Lane and West
Beacon Light Road, Eagle, Idaho, ("Property"), as specifically defined in Development Agreement
recorded under Instrument No. 108081004; and
WHEREAS,the proposed development agreement modification includes properties within an
area currently zoned A-R-DA; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No.
108081004, records of Ada County, Idaho, are in, and shall remain in full force and effect, except that,
condition of development 3.3(c),3.6,and 3.8 is amended as stated herein.
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 in the Development
Agreement recorded under Instrument No. 108081004, records of Ada County, Idaho,the modification is
agreed to as follows:
ARTICLE I
MODIFIED CONDITION OF DEVELOPMENT
(Strike through text shall be deleted from the Conditions of Development pursuant to the Development
Agreement recorded under Instrument No. 108081004, records of Ada County, Idaho)
3.3 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.
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(b) An operations and maintenance manual for the irrigation system requiring the
association(s)shall have the duty to maintain and operate the pump providing water
to the system including the funding mechanism for the repair and replacement of the
pump.
(c) A section providing the formation of a homeowner's cooperative providing for the
3.6 Prior to the issuance of building permits for Lot 4 and Lot 5 the developer shall ensure all
existing structures(house,garage,barns etc.)shall be removed from ach lot. Demolition
3.8 Provide a revised concept plan showing vineyards to be located adjacent to West Beacon
Light Road prior to submitting a Design Review application.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development Agreement recorded under Instrument No.
108081004, records of Ada County, Idaho,remains in full force and effect except as modified in Article I
herein."
Effective Date. This Development Agreement Modification shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement Modification.
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.
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;
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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.
Effective Date. This Development Agreement Modification shall be effective upon the signing and
execution of this agreement by both parties.
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 Modification.
DATED this'p7O„4��y,9f f.,, , 2014.
�FEA0/ •.
I1$ �QORA1 CITY OF EAGLE, a municipal corporation organized
0 and "listing under the l., of the State of Idaho
•
SE et:y0�O By:4",_ ' . -A-/IA.f..
••••••• �`O�''e� JaD. Reynolds, M.■or
ATTEST: ,•••,�+. `s*�,,
1 '� ��i .. °',..aI LL1.‘
Sharon . Bergmann, City Clerk
Owners:
TKS Pro serties, LLC
By: 16641iiii
Ted Bierma, Manager
s
iy.
iiiip
Riches ' cent
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STATE OF IDAHO )
: ss.
County of Ada )
On this�4,+ day of Y' , 2014, 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.
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STATE OF IDAHO )
: ss.
County of Ada )
On thispl a day of ivlot ,2014, before the undersigned notary public in and for
the said state,personally appeared TID BIERMA, known or identified to me to be a the Member of TKS
Properties, LLC,the owner(s)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. ,tv v 4a+.
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STATE OF CALIFORNIA )
: ss.
County of San Bernadino )
On this j(inlay of 114/1 LI ,2014,before the undersigned notary public in and for
the said state, personally appeared RICHARD VINCENT,known or identified to me to be an owner(s)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.
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Notary Public for California
Residing at: n 6_0f-nap...lik U
My Commission Expires: / `._.?& i i'-)/Lf
ANGELA CESPEDES
Commission# 1913873
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Notary Public-California z
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Affidavit of TED BIERMA on behalf TKS Properties,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
TED BIERMA,who being first duly sworn under oath, deposes and says:
1. I am Ted Bierma, who is a Member of TKS Properties, LLC, whose mailing address is
593 West Watersford Drive, Eagle, ID, 83616("TKS Properties,LLC").
2. TKS Properties, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto(the"Property").
3. TKS Properties, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idallo Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the 7,o day of Ay , 201"y and between the City of Eagle, a municipal
corporation in the State of Idaho, and Ted Bierma,TKS Properties,LLC (the"Agreement").
DATED this aO day of /'}')4A1 , 201,
By: TKS Properties, LLC
By: 11‘ii--°66eiltl4/1
Ted Bierma,Member
SUBSCRIBED AND SWORN to before me this c�(Ay of /4a„,(1 , 2013.
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Affidavit of RICHARD VINCENT
AFFIDAVIT OF LEGAL INTEREST
STATE OF CALIFORNIA )
) ss.
County of San Bernadino )
RICHARD VINCENT, who being first duly sworn under oath,deposes and says:
1. I am Richard Vincent, whose mailing address is 3281 East Guasti Road, Suite 800,
Ontario, CA, 91761 ("Owner").
2. Owner, is the fee simple owner of the parcel of real property described on Exhibit 1,
attached hereto(the"Property").
3. Owner, authorizes the submission of the Property to certain Development Agreement
Modification pursuant to th;v,provisions s forth in Idaho Code Section 67-651 IA and Eagle City Code
Section 8-10-1 dated the/ 'day of , 2014 by and between the City of Eagle, a municipal
corporation in the State/o of Idaho, and Ric a Vincent, Owner(the"Agreement").
DATED this (V day of i t (Q ,2014.
By: Owner
_R. :t Vincent
SUBSCRIBED AND SWORN to before me this 1Vi''day of 141 Ct. ,2014.
Notary ublic for California
Residing at Sart aernarrit'n 0 , Calif rnia
My Commission expires // -Zc�.,_ Zr,<c�
ANGELA CESPEDES
Commission# 1913873
_ Notary Public-California
2 Riverside County D
Comm.Expires Nov 20_2014
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