Development Agreement - 2015 - Eagle Pointe - 8/18/2015ADA COUNTY RECORDER Christopher D. Rich 2015 - 079718
BOISE IDAHO Pgs =19 VICTORIA BAILEY 08127/2015 02:37 PM
Recording Requested By and EAGLE CITY NO FEE
When Recorded Return to: 11111111111111111111111111111111111111111111111111 o I
138975201500797180190197
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 Eagle NF Partners LLC ( "Owner ").
WHEREAS, the Owner is the owner of record of certain real estate located at the northeast corner
of West State Street and State Highway 44, 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 -06 -14 (the "Application "); and
WHEREAS, the proposed development includes properties within an area currently designated on
the Land Use Map of the Comprehensive Plan as Mixed Use and Scenic Corridor; and
WHEREAS, the proposed development includes properties within an area currently zoned A
(Agricultural), A -R (Agricultural- Residential), and R- 2 -DA -P (Residential with a development agreement
— PUD); and
WHEREAS, the Owner desires an MU -DA (Mixed Use with a development agreement) zoning
designation to develop the Property into a mixed use project containing commercial, retail and/or office,
and multi - family residential as generally shown on the Concept Plan attached hereto as Exhibit B
( "Concept Plan"); and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any mixed use 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 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(C)(1) and be bound by
same; and
DEVELOPMENT AGREEMENT - Page 1
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 enter into this Development
Agreement 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 "), 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 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 Development Agreement.
3.2 The Concept Plan (Exhibit B), date stamped by the City on June 3, 2015, 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.
3.3 The total number of residential units on the Property shall not exceed 78 -units in the aggregate.
Development of the residential portion of the Property will be permitted and future conditional use
permits for the residential development will not be required.
3.4 The proposed building height of the multi - family structures (as identified on the building elevations
submitted on May 29, 2015, Exhibit D) shall not exceed 29 -feet in height with a minimum roof
pitch of 5:12 and shall be no more than two- stories.
3.5 As provided by the applicant, "Craftsman" shall be the required architecture standard for the
residential buildings (Exhibit D). Design Review Board approval of the detailed architectural plans
of the structures, landscaping, and any proposed signage for the development is required prior to
submittal of a building permit application.
3.6 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8 -2 -3
"Official Schedule of District Regulations" under the MU zoning designation (except as limited in
Section 3.7, below).
3.7 Except for the limitations and allowances expressly set forth above and the other terms of this
DEVELOPMENT AGREEMENT - Page 2
Development Agreement, the Property can be developed and used consistent with the Mixed Use
District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District
Regulations ", existing at the time a design review application or conditional use permit application
(whichever the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area).
3.8 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.
(b) A maintenance manual for the drive aisles and parking areas requiring the association(s) shall
have the duty to maintain and operate all of the drive aisles and parking areas including the
repair and replacement of asphalt and sidewalks.
(c) The owners or their representatives of this development shall maintain any landscaping within
the right -of -way abutting this site including the street trees and landscape strips between the
sidewalk and curb and/or the edge of pavement.
3.9 Owner shall provide a letter of approval to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries. The Owner shall
also provide documentation from the Eagle Sewer District approving the final construction plans
prior to submittal of the final plat application. A letter of approval shall be provided to the City
from the Eagle Sewer District that the installed system is approved prior to the issuance of any
building permits.
3.10 Owner shall tile the Ballantyne Irrigation Ditch, or provide a surety for completion of such tiling,
within the subject property and provide an access easement as required by the Ballantyne Irrigation
Ditch Company prior to the City Clerk signing the final plat.
3.11 Owner shall provide a club house and pool as generally shown on Exhibit E. The intent of the club
house is to provide a venue for meetings and activities for the residents of the development. The
DEVELOPMENT AGREEMENT - Page 3
building architecture and associated landscaping shall be reviewed and approved by the Eagle
Design Review Board. Owner shall either construct or provide a surety for completion of the
clubhouse prior to the City Clerk signing the final plat.
3.12 The applicant shall provide documentation from Republic Services approving the locations and
sizing of the trash enclosures prior to the issuance of a Zoning Certificate.
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. Upon termination of the
Development Agreement following such process, the use of the Property shall be limited to those uses
originally allowed prior to the Development Agreement which are A (agricultural), A -R
(Agricultural- Residential) and R -2DA -P (Residential with a development agreement — PUD) zoning
designations until Eagle enacts and records an ordinance changing the Property to the A
(agricultural), A -R (Agricultural- Residential) and R -2DA -P (Residential with a development
agreement — PUD) zoning designations.
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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development 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 and shall be appurtenant to and for the benefit of 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
DEVELOPMENT AGREEMENT - Page 4
all or any portion of the development is divided, each owner of a legal lot shall not be responsible for
duties and obligations or defaults as to other parcels or lots within the Property. 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 Development 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 date of the Application. 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 drafter of this Development 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: Eagle MF Partners LLC
Attn: Michael Wright
6016 South Ruby Ridge Cove
Salt Lake City, Utah 84121
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 Development
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,
DEVELOPMENT AGREEMENT - Page 5
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 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 Development Agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Development 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
Development Agreement and so bind their respective parties.
DEVELOPMENT AGREEMENT - Page 6
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this �ay of ,! 6 2015.
•'•••fC *OFF E�AC '.�'..
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SEAL
ATTEST: �'•,,,�+)''��:r:••"P.20.•'�
f.. _ � °• _OF t &% _
Sharon K. Bergmann, City Clerk
STATE OF 4 i-CA, �A
ss.
County of So U-CA L-2
CITY OF EAGLE, a municipal corporation organized
and existing under the I of the State of Idaho
By-
James D. Reynolds, Ma#or
Owner:
Eagle MF Partners LLC
By:
Michael right, Member
h n
On this day of t-iVQV S , 2015, before the undersigned notary public in and for
the said state, personally ad MICHAEL WRIGHT, known or identified to me to be a
Member of EAGLE MF PARTNERS 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. P,
l
NOTARY PUBUC Public r U dot
074MJU0D Residing at: 1
COMMISSON EMRO My Commission Expires: �f �,bLV9
MARCH STATE OF UTAH
DEVELOPMENT AGREEMENT - Page 7
INDEX OF EXHIBITS
A - Legal Description
B - Concept Plan
C - Affidavit of Owner
D - Multi- Family Building Elevation
E - Club House Building Elevation
DEVELOPMENT AGREEMENT - Page 8
October 30, 2014
Project No. 114134
Eagle Pointe
Rezone Description
13.60 Acres
EXHIBIT A
Legal Description
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THE I AND (.1101 P. INC
Exhibit "A"
A tract of land situated in the Northeast One Quarter of the Southeast One Quarter of section 7,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, described as
follows:
Commencing at the East One Quarter Corner of said Section 7, said corner being North 1 °30'03" East
a distance of 2,665.82 feet from the Southeast Corner of said Section 7, thence following the
easterly line of said Section 7, South 1 °30'03" West a distance of 1,332.91 feet the South One
Sixteenth Corner of said Section 7;
Thence leaving said easterly line and following the southerly line of the said Northeast One Quarter
and the Southeast One Quarter of section 7, South 89 °49'13" West a distance of 835.18 feet;
Thence leaving said southerly line, North 0 °10'47" West a distance of 21.73 feet to the POINT OF
BEGINNING.
Thence South 89 °41'24" West a distance of 1,365.05 feet to a point on the southerly
extension of the centerline of West State Street;
Thence following said centerline line and southerly extension thereof, along the following 6
courses:
1. North 0 °18'21" West a distance of 315.89 feet;
2. 420.67 feet along the arc of a circular curve to the right, said curve having a radius
of 263.00 feet, a central angle of 91 °38'41 ", a chord bearing of North 45 °31'00" East,
and a chord distance of 377.24 feet;
3. South 88 °39'40" East a distance of 343.91 feet;
4. 165.96 feet along the arc of a circular curve to the right, said curve having a radius
of 263.00 feet, a central angle of 36 °09'21 ", a chord bearing of South 70 °34'59" East,
and a chord distance of 163.22 feet;
5. South 52 °30'19" East a distance of 663.65 feet;
6. 86.71 feet along the arc of a circular curve to the left, said curve having a radius of
510.00 feet, a central angle of 9 °44'30 ", a chord bearing of South 57 °22'34" East,
and a chord distance of 86.61 feet;
Thence leaving said centerline, South 0 °18'36" East a distance of 59.89 feet to the POINT OF
BEGINNING.
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462 E. Shoie Dnve, Ste. 100, Eagle, Idaho 83E1IG • P 2,18.939.1C41 F 2C8 919 4445 . www.thelandgrouoinc.com
EXHIBIT A - Page 1
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TIFF LAND 6RI1011, INC
The above - described tract of land contains 13.60 acres, more or less, and is intended for rezone
purposes only.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
EXHIBIT A - Page 2
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EXHIBIT A - Page 3
Title: Date: 10 -30 -2014
Scale: I inch = 200 feet file:
Tract I: 13.598 Acres: 592338 Sq Fcct: Closurc = n50.084 1c 0.01 Fcet: Precision = 1/584724; Perimeter = 3422 Fed
001= s89.4124w 1365.05 004= 588.3940e 343.91 o0yti �kcao
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a�u i0�u. -,n Ti24 w1 006= 552.3019c663.65
EXHIBIT A - Page 4
EXHIBIT B
Concept Plan
EXHIBIT B - Page 1
EXHWIT �
Affidavit of MICHAEL WRIGHT on behalf of Eagle MF Partners LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
MICHAEL WRIGHT, who being first duly sworn under oath, deposes and says:
1. I am MICHAEL WRIGHT, who is a Member of Eagle MF Partners LLC, whose mailing
address is 6016 Ruby Ridge Cove, Salt Lake City, UT, 84121 ( "Eagle MF Partners LLC ").
2. Eagle MF Partners LLC, is the fee simple owner of the parcel of real property described
on Exhibit 1, attached hereto (the "Property ").
3. Eagle MF Partners 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 t ''day of GV� 2015 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Michael Wright, Eagle MF Partners LLC (the
"Agreement ").
DATED this 24day of V� ( , 2015
By: Eagle MF Partners LLC
Byl fl 1� ,
el Wright, Member
SUBSCRIBED AND SWORN to before me this 2�day of '2015.
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Laomi Benavides amo Notary Public for loon n CGi
COMM. 02085787
NOTARY PUBLIC • CALIFORNIA Residing at LA Idaho
SAN DIEGO COUNTY M Commission ex ires
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