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Development Agreement - 2014 - Banbury Meadows No. 8 - 12/22/2014 ADA COUNTY RECORDER Christopher D.Rich 2015-003236 BOISE IDAHO Pgs=10 LISA BATT 01/14/2015 01:46 PM EAGLE CITY NO FEE 111 1111 1111 IIII 111111111111 11111111 11111 111111 III 00057069201500032360100108 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 Banbury Meadows,LLC.("Owner"). WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately 11.81-acres located at the west side of South Chipper Way approximately 50-feet north of the intersection of South Chipper Way and West Oakhampton Drive, 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-02-14; and WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural-Urban Transition—Ada County designation)and A-R(Agricultural-Residential);and WHEREAS, the Owner desires a R-3-DA (Residential with a development agreement) zoning classification to develop a 29-lot (26 buildable, 3 common) residential subdivision 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 (Residential with a development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement;and Page 1 of 7 K:\Planning Dept\Eagle Applications\SUBS\2014\Banbury Meadows No.8 Sub da cc 8,1 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(CX1) 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 Residential District ("R-3-DA"), 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 Should the applicant choose to be annexed into the Banbury Meadows Homeowner's Association and the association accepts annexation the applicant shall be required to provide documentation indicating the Banbury Meadows Homeowner's Association has annexed Banbury Meadows Subdivision No. 8 into the Banbury Meadows Homeowner's Association prior to the City Clerk signing the final plat. Page 2 of 7 K:\Planning DeptEagle Applications\SUBS\2014\Banbury Meadows No.8 Sub da cc flu ver.doc 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, 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 ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) 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 wooden decorative fencing. All other fencing(ie. cedar fencing, vinyl, chainlink) shall be prohibited. (c) 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. 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to submittal of the final plat. 3.6 Provide documentation from ACHD accepting the W. Hampton Drive right-of-way dedication or dedication of easement across Lot 1, Block 40,Banbury Meadows No. 5, prior to the City Clerk signing the final plat. 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 Page 3 of 7 K:\Planning Dept\Eagle Applications\SUBSi2014\Banbury Meadows No 8 Sub da cc fnl ver.doc 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 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 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 Page 4 of 7 K:\Planning Dept\Eagle Applications\SUBS\2014\Banbury Meadows No 8 Sub da cc frd ver.doc 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: Banbury Meadows,LLC Attn: Brian C.Hoff 1840 North Lakes Avenue Meridian,ID 83646 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; Page 5 of 7 K:\Planning Dept\Eagle Applications\SUBS\2014\Banbury Meadows No.8 Sub da cc fel ver.doc 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. IN WITNESS WHEREOF,the parties have executed this Development Agreement. ad DATED this Z2--day of14 ,2014. 04.'6eN`� OF E''10 �'•., CITY OF EAGLE,a muni•.as corporation organized s O*POI? tO ,: and :.fisting under,the la, s o the State of Idaho ` arIe. SEAL Jame: D.Reynolds,M.yo4 ATTEST: 11 of cv • L]IIeNNN* ■ Sharon .Bergmann,City Clerk By:Hoff Companies,Inc.,Manager of Banbury Meadows,LLC By: _it- ,J Brian . o ,President,Hoff C. •anies,Inc. Page 6 of 7 K.\Planning Dept\Eagle Applications\SUBS\20141Banbury Meadows No.13 Sub da cc Cnl ver.doc STATE OF IDAHO ) : ss. County of Ada ) On this day of ---S°`tv-c*—" . ,201 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. Qp, Notary ublic for Idaho A Residing at: w`r�� 'E`E- �� Rp°414.. My Commission Expires: —l-k—■S MN's STATE OF IDAHO ) : ss. County of Ada ) On this 22- day of -NC!""It r ,2014,before the undersigned notary public in and for the said state, personally appeared BRIAN C. HOFF, known or identified to me to be the President of Hoff Companies, Inc.,Manager of Banbury Meadows, LLC, that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and seal the day and year first above written. /1 ‘,0,110M,4 k%, Notary Public for Idaho ? 0 ti Residing at: ea,urP+--(..w,'r NOM it}' My Commission Expires: 3)la , 1'S 4,4f w P ti B 0C4 o14ofOP- Page 7 of 7 K\Planning Dept\Eagle Applications\SUBS\20I4\Banbury Meadows No.8 Sub da cc fnl ver.doc tAH1131 r "A" RECEIVED&FILED CITY OF EAGLF FEB 0 4 2014 FileJanuary 24, 2014 : Route to:_ �__ DESCRIPTION FOR PROPOSED BANBURY MEADOWS SUBDIVISION NO. 8 A parcel of land located in the Northwest 1/4 of Section 20 and Northeast 1/4 of Section 19, T. 4 N. R. 1 E., B.M., Eagle, Ada County, Idaho; more particularly described as follows: Commencing at the '/corner common to the said Sections 19 and 20, from which the East '1/4 corner of said Section 20 bears South 89°54'12" East, 5319.52 feet, thence along the section line common to said Sections 19 and 20 North 00°13'35' East, 413.00 feet to the northwesterly corner of Lot 1, Block 39 of Banbury Meadows Subdivision No, 5, as filed for record in Book 89 of Plats at Page 10335, records of Ada County, Idaho, the POINT OF BEGINNING; Thence leaving said section line, and along a portion of the northerly boundary of Carlene Estates Subdivision, as filed for record in Book 83 of Plats at Page 9101, records of Ada County, Idaho, and the extension thereof, North 64°17'39"West, 181.42 feet; Thence continuing along said northerly boundary: Thence South 77°33'23"West, 157.01 feet; Thence North 00°16'18" East, 104.81 feet; Thence North 89°42'17" West(formerly North 89°40'18"West), 456.21 feet; Thence leaving said northerly boundary North 75°20'35"West, 263.08 feet; Thence North 13°48'12" East, 128.99 feet; Thence North 82°43'17" East, 109.38 feet; Thence North 12°29'51" East, 324.33 feet; Thence South 79°37'22" East, 1112.75 feet to a point on the westerly boundary of said Banbury Meadows Subdivision No. 5; Thence along said westerly boundary South 00°14'51"West, 232.50 feet; Thence leaving said westerly boundary North 89°40'10"West, 255.00 feet; Thence South 00°14'51"West, 95.00 feet; Thence North 89°40'10" West, 20.00 feet; Thence South 00°13'35"West, 148.00 feet to the POINT OF BEGINNING. Cont-'ritng 11.81 acres, more or less. F, NE#0,1 Ae°1-41:4~� - .e 12101.1-PPDES.DOCX \,/ '�! z-7- 200 EXHIBIT "B" ON.MOD'111Y 3.1 (c.... 1171,4..... 1 asi-va 410...■ m MI cm st Noun m t/L)0 3tt og raivxn ,..,9, W ,. OKI PM.0.4 Mg Ott.M. IN S.71 N OM 3.UM X MI Dfld AkIVNINIflald ----cs,-'S.? _ cc sanstos 1 on IMO.,xar. 2S 9 'ON NOISIAIGHAS 080038 JO SbIgNMO I 83d013/01. 9N3 SAIOCtiralil AIIIHINVR , : rAr'""'"1 ........ gi! 1 i ' 1 l' 1 i 1 11 6 11 gel_t 0 0 g .1 _ k`ATILEIMW,,411. . (-7...-\ tidri ff.,,, ., 441,u 0 , a a ix 1 la ag 1 AP 14— , -: '' 1, '4*--2 r•4 ' .'..P r`-/T.- Yo ....,,.,,. t ..i.,..,,... .„ a- i 1 aliti ill I:=! X ,''.<-_ r'!,--,;:_.. ' - ' ''' L,,, -, tAto -,... , ,=1 I 6 11T4Vi; 1 /011 - g -' Y S-Ac Pfir,..:4,4 ; Jr,'''7 .i: R I S ; - ?:6. p,.. 4! it 0 C".2 .i 1 1.121Agilli;3 .7-7-, g ka...314'', ( II 'ft-R,V, 9,^sli 0.5< i°i 1„drOlged `L- - q§ 4 i 2 11 ,w., ;;;./ „..:,,-, • 9_,, \---- -t- 9g4 i ill! 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An., . ......,..,_ ._„„ sr- -...,..,, -,. ,.../,,,, r iti ..r: '4 //. -,.('{I.,,q-7- / 111. -'''.---:: 9— ' ! i,., ,.Y ,,' ;'/,::), / :•1 !iggyiiiiii 11/ , .,,,. j 1 11 1 1 1 g ill 1 g 1 g,.. . i 1 , ,,,./ji 9 1' 1 4 t ..., ..,, . , 1 c---,:.-,,,,,,,,„_11 I i_ . i; '7'7' ''';' l'-------, o ' +11 C' laid:, i 4' --...bi g . .,,„i 1 ., 7 1 1 I i'1 , MI : i I§ . ; --.A......„ ,i` : i !,A-,r;;‘\\1, it il ;., + ■ . 1 , I I : 1 b.,, II 1 ' ', , ,--- ;4---, 1,7/ , i I = il47,7;0;;-'4,-;,/ ' ' 2 i ., :.,3 ;1 y.;------ t ..,.. 9 !::' 'II g 11 11; ; ,,.ii .-.% ------ .1,99,9_ —--— 1: i i ■Ig 1, 1:i 1,,, IF,_1:i; I , , I 1 _ ,',. \ I ' 1--H- :,- li i li) 1 Li t: s CL,c 1 , 1, ,_. ,' II. / I '4 1 I l ,.., 11 I :1; If 11 1 1 i r.■:1 1,1., ___.L..,_ ' 1,1 - i 1 1 i ( , • g■ ' '/ - R .9•.' ...§ ,i Ti 4,,,, Li If '. - ii:: I , r i ; \ i ' 1'; g 1 ' 0 I,i. k ''"' 3.,,,,-;- - a 4*, - - •,4, ' 11 4, , 1 I 41 E , IC 111, I iillep: LI V . fi t•-■&,,,,,A,, -Y!/i I I 0 1. 1 , t, ;z4 s,, r g ■ 7 41,1 20 EXHIBIT"C" Affidavit of BRIAN C.HOFF on behalf of Hoff Companies,Inc.,Manager of Banbury Meadows, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) BRIAN C.HOFF,who being first duly sworn under oath,deposes and says: 1. I am BRIAN C. HOFF,who is the President of Hoff Companies Inc., Manager of Banbury Meadows, LLC, whose mailing address is 1840 North Lake Avenue, Meridian, ID, 83646 ("Banbury Meadows,LLC"). 2. Banbury Meadows,LLC, is the fee simple owner of the parcel of real property described on Exhibit 1,attached hereto(the"Property"). 3. Banbury Meadows,LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-651 IA and Eagle City Code Section 8-10-1 dated the Z2.-day ofi , 2014 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Brian C. Hoff, Banbury Meadows, LLC(the"Agreement"). 2 2.- ,2014. By:Hoff Companies,Inc.,Manager of Banbury Meadows,LLC C By: L ■ Brian C.Ho President,Hoff C.i1panies,Inc. SUBSCRIBED AND SWORN to before me this ' ' day of 17. .tcew.bir,2014. S4:01‘' Notary Public for Idaho •� Residing at e u n a cw. ,Idaho SCOMIP My Commission expires 3 /j9/ic' • ••• PutO Page I of I K:\Planning Dept\Eagle Applications\SUBS\20I4\Banbury Meadows No.8 Sub da affidavit doc