Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Development Agreement - 2015 - Gated Garden - 5/27/2015
ADA COUNTY RECORDER Christopher D.Rich 2015-045862 BOISE IDAHO Pgs=11 VICTORIA BAILEY 05/28/2015 02:22 PM EAGLE CITY NO FEE 11 1 11111 11 1111 II1111IIIIIII1111111111111111111 III 00102946201600469120110111 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 Bodily-Bunderson Partnership("Owner"). WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately 16.86 acres generally located on the east side of North Linder Road, approximately 2,100 feet north of the intersection of West Chinden Boulevard and North Linder Road at 7000 North Linder 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-03-14;and WHEREAS, the proposed development includes properties within an area currently zoned RUT; and WHEREAS, the Owner desires an MU-DA(Mixed Use—with a development agreement)zoning classification to develop a residential subdivision on the above described property,which is herein referred to as the"Property";and WHEREAS, on January 13,2015,the Eagle City Council,made findings and determined that the requested annexation should be granted and that a zoning classification of MU-DA for the property described in Exhibit"A" is appropriate to meet the requirements of Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted;and WHEREAS,the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential subdivision 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 MU-DA(Mixed Use—with a development Page 1 of 7 K.\Planning Dept\Eegle Applications\SUBS120141Gated Gorden DA doc agreement) zoning designation for the Property with the requirements set forth in this Development Agreement;and 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(CX 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 Mixed Use District ("MU-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 The Owner shall complete the Design Review process for the site (as required by the Eagle City Code),and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 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 maximum density for the Property shall be 4-dwelling units per acre south of the collector roadway(Temple Drive), and 2-dwelling units per acre(1/2-acre lots)north of the collector roadway (Temple Drive). 3.5 Building setbacks applicable to each of the three distinct residential types. Setbacks to be measured from the property line: Page 2 of 7 K 1'1a:e,g DepelEtgle Appliceiom\SUBS\2014\Gated Garden DAdoc Townhomes(up tq 2.700 sq.ft.): Front:0' Rear:0' Side:0' Street Side:0' Garden(Patio)Homes(5.000-8.500 sq.ft.): Front: 15-feet to the living area/20-feet to the garage Rear: 15-feet Side:5-feet(first story)/(additional 2.5-feet per story,measured to the second story) Street Side: 15-feet Estate Lots(min 17.000 sq.ft.): Front:30-feet Rear:20-feet Side:7.5-feet(first story)/(additional 2.5-feet per story,measured to the second story) Street side:20-feet 3.6 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, private road, 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 and 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 common area 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. 3.7 A License Agreement from Zinger Lateral Water Users Association shall be provided for all improvements within their easement area prior to the City Clerk signing the final plat. 3.8 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 application. 3.9 The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permits applications that do not have an approval letter attached will not be accepted. 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 Page 3 of 7 KAPlrniig Dept\Begle Applications1SUBS\2014KAted Gorden DAdoc 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 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 Page 4 of 7 K\Plruting DeptlEaele ApplimonsVSUBS\2O1AGoted Gordan DAdoc Eagle City Code Section 8-10-1. 8.2 Penh 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; Eagle: City of Eagle 660 E.Civic Lane Eagle,Idaho 83616 Owner: Bodily-Bunderson Partnership 582 River Heights Dr. Meridian,Idaho 83646 With Copy To: Brighton Corporation 12601 W.Explorer Dr.,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 assurance provided by the Owner. Thereafter,if the then current estimated fees still to be paid Page 5 of 7 KTImiiig Dept Eagle Applications\SUBS 2014\Gated Carden DA.doc exceeds the amount of the then current balance of the financial assurance(whether it be hi 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 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 this Z day of le ,2015. CITY OF EAGLE,a munic.'al corporation organized and isting under the la ' the State of Idaho James D.Reynolds, , " ATTEST: ' .•y OF Eq� s•�► aeoRq t\ • Sharon .Bergmann,City Clerk }� V ate+ J j, SEAL Page 6 of 7 r' lRrctrA p••`: K Mw Applicetioni SUBS12014K1eted Gerdes DAdoc '••,9�OF 1SP% Owner:B e•• -Bunderson P: o ership ,. 0, .n,Partner STATE OF IDAHO ) :ss. County of Ada ) On this 0Z6 day of /la ,2015,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 . - same. IN WITNESS WHEREOF, f vea- ' -: • hand and seal a day and year first above written. G� I Ifik. IL-me giii-14‘. me 0 I" k 00 � . S � /ie _ d. _ * fV 0Y i• Expires: 0/ / Pi a-ocai 't arATB° . STATE OF IDAHO ) :ss. County of Ada ) On this 1,4e day of /A , 2015,before the undersigned notary public in and for the said state, personally appeared a OLD R. BUNDERSON, known or identified to me to be the partner of Bodily-Bunderson Partnership,the owner of the property referenced herein,and the person who executed the foregoing instrument. IN WITNESS WHEREOF,I have hereunto set my h /d and Ai 1 the day and year first above written. III it L1 Al i►L _ . AAA LI' C Public f., •: o AMANDA McCURRY Residing at: NOTARY PUBLIC My Commission Expires: Hi STATE OF IDAHO Page 7 of 7 K:\Planniog DepMegle APPS\SUBSVOI4\G.tad Garden DA.doc leak //ava: wire IF THE LAND GROUP, INC. April 10,2015 Project No. 113022 GATED GARDEN SUBDIVISION DESCRIPTION A parcel of land being Lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, and a portion of the Northwest One Quarter of the Southwest One Quarter of Section 24,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the One Quarter Section Corner common to Sections 23 and 24 of said Township 4 North, Range 1 West(from which point the Section Corner common to Sections 23,24,25 and 26 of said Township 4 North, Range 1 West, bears South 00°47'25"West 2647.18 feet distant); Thence from said One Quarter Section Corner,South 00°47'25" West a distance of 299.97 feet on the Section Line common to said Sections 23 and 24 to the POINT OF BEGINNING; Thence South 89°34'13" East a distance of 468.60 feet,a portion of said line being on the northerly boundary line of Lot 23, Block 1 of Bodily and Bunderson Springs Subdivision No. 2, as same is shown on the Plat thereof recorded in Book 60 of Plats at Page 5936 of Ada County Records,to an angle point of said Lot 23, Block 1; Thence on the exterior lot line of Lot 23,Block 1 of said Bodily and Bunderson Springs Subdivision No. 2 for the following courses and distances: Thence South 00°47'25"West a distance of 30.47 feet; Thence South 89°32'02" East a distance of 160.19 feet; Thence South 34°42'56" East a distance of 192.72feet; Thence South 89°10'32" East a distance of 265.53 feet; Thence South 77°49'58" East a distance of 332.99 feet; Thence South 00°43'59"West a distance of 766.80 feet(formerly described as 766.63 feet)to a point on the northerly boundary line of Lazy P Subdivision,as same is recorded in Book 103 of Plats at Page 13931 of Ada County Records; Thence North 89°32'03"West a distance of 714.86 feet on the northerly boundary line of said Lazy P Subdivision to the southwest corner of said Lot 23,Block 1; Thence North 00°51'50" East a distance of 669.57 feet on said lot line of Lot 23; f Lemdre ,A,rhitsawn•Site P/ana's•Civil E rxeerixg•Gs/(Come Irrigation •E•giNt•i g•Graphic Co muukatiou 462 E.Shore Drive,Ste.100,Eagle,Idaho 83616•P 208.939.4041 F 208.939.4445•www.thelandxtoupinc.com Page 1 of 2 ow, re, fie i THE LAND GROUP,INC. Thence leaving the exterior lot line of said Lot 23, North 68°49'28"West a distance of 531.21 feet to a point of curve; Thence 35.53 feet on the arc of a curve to the left,said curve having a radius of 100.00 feet,a central angle of 20°21'12", a chord bearing of North 79°00'03"West and a chord distance of 35.34 feet; Thence North 89°10'39"West a distance of 86.73 feet to a point on the Section Line common said Sections 23 and 24; Thence North 00°47'25" East a distance of 159.27 feet on the Section Line common said Sections 23 and 24 to the point of beginning.Said parcel contains 16.99 acres more or less. PREPARED BY: THE LAND GROUP, INC. (pp L L1Nb T- `Q $80 0 1/4 -94 9Tf OF�0 WA James R. Washburn Innnscape Arrritedurr•Site Planning•Civil Enginening•Golf Conrre Ire atiou ds'Engineering•GrrDhic Cormunication 462 C.Shore Drive,Ste.100,Eagle,Idaho 83616•P 208.939.4041 F 208.939.4445•www.thclandgroupinc.com Page 2 of 2 EXHIBIT B • 7 tf mew: .-ii ils O T a T N$ = ft / O a iiliii gi r2 .F. 4., - li 1 liflil ar-- • 11 11 sr ` O ' ,. E .±1 / o 8 1 •• .. M. M. - M. M. M. M. W - M. M. •p •• lRl1S—..... ..... ...... ...... .• � ~M � ._ M. M. i. ............ /�. . /I1 ,i O i€, i ® i O i IP i ® i€ A el ® i " m ii ,V , EN Y r E i ® i i ® CIO I I 1 ® �� ,M. now j ® 3 I ® s i z M. i nut » _o• 11 O i' -- i ® i ®ins i g o 1 ® '< v . �∎©�•d Is • mn Q W M,A M ® II ® g ®11111113,4 , 0 O 11 I i r = a z / rn— ,,),)! I 117-1.1 Concept Pfau R� Gated Garden Subdivision- _ It :) # Is - . Affidavit of Harold R.Bunderson on behalf of Bodily-Bunderson Partnership AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) HAROLD R.BUNDERSON,who being first duly sworn under oath,deposes and says: 1. I am Harold R. Bunderson, who is the Partner of Bodily-Bunderson Partnership, whose mailing address is 582 River Heights Dr., Meridian, Idaho 83646 ("Bodily-Bunderson Partnership"). 2. Bodily-Bunderson Partnership is the fee simple owner of the parcel of real property described on Exhibit 1,attached hereto(the"Property"). 3. Bodily-Bunderson Partnership 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 , 2015 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Bodily- Bunderson Partnership(the"Agreement"). `, DATED this ay of /�.M/ ,2015. By: Bodily-Bunderson Partnership ---.; .• y/�i ustroo-1 / �, arold R.B derson,Partner SUBSCRIBED AND SWORN to before m this P,41 day of 2015.0 ? I I / . _____AN__, ill l . A I / A. A A ....i/A e • $ Public fo 1 • IV i h Residing at �. Idaho o 1 AMANDA McCURRY ' My Commission expires J/lik_, If NOTARY PUBLIC C 4 STATE OF IDAHO Page 1 of 1 K:\Planning Dept\Eagle Applications\SUBS\20I4\Gated Garden Sub DA affidavit.doc