Development Agreement - 2015 - Eaglefield Village Subdivision - 10/1/2015Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich 2016- 092626
BOISE IDAHO Pgs =10 DAWN TRIVOLIS 10/06/2015 09:39 AM
EAGLE CITY NO FEE
1II'1IIIIIIIIIIIIIIIIII'III II 111111 IIIII IIII II III
00152663201500925260100106
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
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 Preserve West, LLC. ( "Owner ").
WHEREAS, the Owner is the owner of record of certain real estate located at 5342 West State
Street, 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- 07 -14; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Ada County designation); and
WHEREAS, the Owner desires a 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, 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
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
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
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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 maximum density for the Property shall be 3.5 dwelling units per acre.
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. 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.
3.4 Building setbacks shall be as follows. Setbacks to be measured from the property line:
Front: 15- feet/living area, 25- feet/garage
Rear: 20 -feet
Side: 5 -feet (up to two stories)
Street Side: 20 -feet
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3.5 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 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 (i.e. cedar fencing, vinyl, chain link) 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.
3.6 A License Agreement from Middleton Mill Canal shall be provided for all improvements within
their easement area prior to the City Clerk signing the final plat.
3.7 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.
3.8 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 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.
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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
Eagle City Code Section 8 -10 -1.
8.2 Paragrgph 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.
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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: Preserve West, LLC
Attn: Thomas Coleman
3103 West Sheryl Drive, Suite 100
Meridian, Idaho, 83642
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.
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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 154- day of Wo1:elr, 2015.
CITY OF EAGLE, a municipal corporation organized
and xisting under the s of the State of Idaho
By �.
J es D. Reynolds,`4ivla or
ATTEST: f"SeIS
•.••`�• OF EAo
Sharon . Bergmann, City Clerk G p�VoRA�tr 0.
dpodO
i* SEAL
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Owner: Preserve West, LLC
By: Coleman Communities, Inc, Manager
of Coleman Homes, LLC, Manager of
Preserve West, LLC
By:
Thomas M. Coleman, Manager
STATE OF IDAHO
ss.
County of Ada)
On this 1149 day of , 4t"k , 2015, before the undersigned notary public in and for
the said state, personally appea d THOMAS M. COLEMAN, known or identified to me to be the
Manager of Preserve West, LLC, the owner of the property referenced herein, and the person who
executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto t my hand and seal the day and e r firs bove
written.
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EXHIBIT "A"
RECEIVED & FILE
CITY OF EAGLE
DEC 2 2 2014
DESCRIPTION FOR CITY OF EAGLE ANNEXATION
PROPOSED EAGLEFIELD VILLAGE SUBDIVISION
A parcel of land located in the SW % of the SE % of Section 11, T. 4 N. R. 1 W., B.M., Ada
County, Idaho; more particularly described as follows:
Commencing at the Southeast corner of said Section 11, from which the Northeast corner of
the SE % (East % corner) of said Section bears North 00 049'08" East, 2645.32 feet, thence along the
south boundary of said SE % North 89 027'29" West, 2627.57 feet to the Southwest corner of said SE
%; thence along the west boundary of said SE % North 00 °33'51 ° East, 1324.31 feet to the northwest
corner of the SW % of said SE % of Section 11; thence along the north boundary of said SW % of the
SE % South 89 °25'15" East, 786.49 feet to the POINT OF BEGINNING;
Thence continuing along said north boundary South 89 025'15" East, 529.98 feet to the
northeast comer of said SW % of the SE %;
Thence along the east boundary of said SW % of the SE % South 00 040'44" West, 796.08 feet
to a point on a curve on the centerline of State Highway 44;
Thence along said centerline:
Thence 102.72 feet along the arc of a non - tangent curve to the left, said curve having a
radius of 22,918.31 feet, a delta angle of 00 015'24 ", and a long chord bearing South 75 007'16"
West, 102.72 feet to a point of tangency;
Thence South 74 059'35" West, 258.04 feet to a point of curvature;
Thence 189.33 feet along the arc of a curve to the right, said curve having a radius of
13,750.99 feet, a delta angle of 00 047'20 ", and a long chord bearing South 75 022'24" West,
189.33 feet;
Thence leaving said centerline North 00 040'50" East, 942.45 feet to the POINT OF
BEGINNING. Containing 10.58 acres, more or less.
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EXHIBIT "C"
Affidavit of Thomas M. Coleman on behalf of Coleman Homes, LLC, Managing Member of
Preserve West, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
THOMAS M. COLEMAN, Jr., who being first duly sworn under oath, deposes and says:
1. I am Thomas M. Coleman, Jr., President of Coleman Communities, Inc., which is Manager
of Coleman Homes, LLC, which is Manager of Preserve West, LLC, whose mailing address
is 3103 W. Sheryl Dr., Suite 100, Meridian, Idaho 83642 ( "Preserve West, LLC ").
2. Preserve West, LLC is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto (the "Property").
3. Preserve West, 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 'day of�6'rr2015, by and between the City
of Eagle, a municipal corporation in the State of Idaho, and Preserve West, LLC
(the "Agreement ").
'r"
DATED this 2q day of 4A , 2015.
Preserve West, LLC
By: Coleman Homes, LLC, Manager
1
By: t
Thomas M. Coleman, President
jG 1 �'
SUBSCRIBED AND SWORN to before me this � day of , 2015.
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