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Development Agreement - 2016 - Springhouse Subdivision - 1/14/2016Recording 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 - 008969 BOISE IDAHO Pgs =14 BONNIE 02/0112016 03:42 PM EAGLE CITY NO FEE 1111111111111111111111111111111111111111111111111 00190009201800089590140149 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 Corey Barton Homes, Inc. ( "Owner "). WHEREAS, the Owner is the owner of record of certain real estate located on the west side of North Park Lane approximately 730 -feet north of the intersection of State Highway 44 and North Park Lane, 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 -15; 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 WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural -Urban Transition Ada County designation); and WHEREAS, the Owner desires an MU -DA (Mixed Use with a development agreement) zoning designation to develop a residential use on the above described property, which is herein referred to as the "Property"; and WHEREAS, Owner desires to develop the Property with an 58 -lot (52- buildable, 6- common) residential subdivision use as generally shown on the Concept Plan (Exhibit B); 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 Page I of 8 K.Plannwg Uepf,Hagle ApphrmwmMBS1201RSpnnghousc Sub da cc rnl to doc 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 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 LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511 A 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 2.83 - dwelling units per acre (52- single - family lots) 3.2 Owner 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. 3.3 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. Page 2 of 8 K.Planning Depl "kagk App1icai0nsXSUBS1:0151SpnnUhauu Sub da cc fnl %cr dm 3.4 The Setbacks shall be as follows: Front 20- feet/living area, 25-feet/garage (front load) Rear 20 -feet Interior Side 5 -feet (additional 5 -leer per story) Maximum coverage 50% 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, 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 &Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &Rs 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 &Rs 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 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required architecture standard for the development. The applicant shall create an Architectural Control Committee (ACC) as a component of the development's CC &Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &Rs, and shall be reviewed and approved by the City attorney prior to the approval of a condominium plat or issuance of a zoning certificate, whichever occurs first. 3.7 The Owner shall be required to comply with all requirements of the Ballentyne Ditch Company associated with irrigation facilities controlled by the Ballentyne Ditch Company. Also, an executed License Agreement from Ballentyne Ditch Company shall be provided for all improvements located within their easement area prior to the City Clerk signing the final plat. 3.8 The Owner shall provide an executed License Agreement for any improvements to be located within the Drainage District No. 2 easement area. The executed license agreement shall be provided prior to the City Clerk signing the final plat. 3.9 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. Page 3 of 8 I:'* Planning OepOEagle AppbanomikSUBSl2UI3SSprinshowc Sub de cc ful %a doe 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 67-6511 A 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 thereofto 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 Page 4 of 8 }: TImning MplTayle ApplicaliomlSUBSLUISLSpnngbou Sub da a ral %a doc 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 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: Corey Barton Homes, Inc. Attn: Corey Barton 1977 East Overland Road 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. Page 5of8 IClNl u4l Ue;u%1LM1e ApplicWwn$\SUBSY2n13%Spnngbouse Sub da cc fn1 +er.doe 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 depositor 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 94-2 -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. Page 6 or 8 1:lplannmp DeptTlogle Apphc2twwXSUBSl201 S Spnnshouse Sub do cc rnl ver doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this lay of 1Q09%.AT�'r. *I M TY OF EAGLE, a municipal corporation organized d existing under the laws of the State of Idaho James D. Reynolds, Mayor ATTEST: 4i��+�l/�TE ������•� Sharon K. Bergmann, City Clerk g tY Owner: Corey Barton Ho STATE OF IDAHO ) ss. County of Ada ) written. - Corey D. Barton, Inc. .�N- On this jPday of n , 2W--, before the undersigned notary public in and for the said state, personally appeared Clorey D. Barton, known or identified to me to be the President of Corey Barton Homes, Inc., 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 -ev. - ' R 1 , ,e If ell e Notary Public for Idaho Residing at: A )'2 an 16 My Commission Expires. —_j Page 7 of S KAPlmnin; Dept W, a App1ievwmLSUnS420l31SpmShowe Sub da cc dnl %el dac INDEX OF EXHIBITS A Legal Description B - Concept Plan C - Affidavit of Owner D Residential Elevations Page 8 of 8 K-PImnin$ DEVITagle ApplieallonsLSURSL 'u151Spnnghotne Sub dam fal ter dm EXHIBIT "A" j RECIEIV ED & FILED I CITY OF EAGLE ( , v i d , coq M �, ,,JIPANlES a d•U•B ENGINEERS, INC. LF101"U_e ta: Park Lane North Parcel Boundary Description Project Number 10 -15 -047 May 11, 2015 A parcel of land situated in the northeast quarter of the southwest quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at the south quarter - section of Section 12, Township 4 North, Range 1 West, Boise Meridian, which bears 589'51'46 "E, 2661.97 feet from the southwest corner of Section 12; Thence N00 °27'05 "E, 2028.73 feet along the east line of the southwest quarter of Section 12 (Records of Survey Numbers 704, 1702, and 8002, records of Ada County, Idaho), to the centerline of the drainage ditch, the POINT OF BEGINNING; Thence N89'10'00 "W, 818.66 feet along the centerline of the drainage ditch; Thence 179.19 feet on a curve to the left, having a radius of 800.00 feet, a central angle of 12050'00 ", a chord bearing of 584'25'00 "W, and a chord length of 178.81 feet, along the centerline of the drainage ditch; Thence 578'00'00 "W, 230.00 feet along the centerline of the drainage ditch; Thence 104.55 feet on a curve to the right, having a radius of 600.00 feet, a central angle of 09'59'02 ", a chord bearing of S82 °59'31 "W, and a chord length of 104.42 feet, along the centerline of the drainage ditch to the east boundary of Sedona Creek Subdivision (Book 86 of Plats at Pages 9715 through 9717, records of Ada County, Idaho); Thence N00'38'41 "E, 674.03 feet along the east boundary of Sedona Creek Subdivision to the south boundary of Kathleen Estates Subdivision (Book 98 of Plats at Pages 12548 through 12551, records of Ada County, Idaho); Thence S89'20'04 "E, 1322.32 feet along the south boundary of Kathleen Estates Subdivision to the center quarter - section corner (Records of Survey Numbers 704, 1702, and 8002, records of Ada County, Idaho); Thence S00 °27'05 "W, 592.59 feet along the east line of the southwest quarter of Section 12 to the POINT OF BEGINNING. The above - described parcel contains 18.39 acres, more or less. 1334 �f P"V/ Page 1 of 1 a 250 S. Beechwood Avenue Suite 201 Boise ID 83709 p 208- 376 -7330 f 208.323 -9336 w www.jub.com P i a r Ok IQ L J L1 Lam3 -1 G L_ C7 N LL! LU LL uVi U cr A LL V IL L N usOI � R � u L c u 3i s Y " )IJEd -N EXHIBIT "B" • ft i i i i s ,IiIi1i t , 1 t I t , s t 9 • IV L a+ C r LL 3 W , , � Y t ' g � 6, i • ft i i i i s ,IiIi1i t , 1 t I t , s t 9 • IV L a+ C r LL 3 W I �:i: i i h� it tliifoiil Affidavit of COREY D. BARTON on behalf of Corey Barton Homes, Inc. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) COREY D. BARTON, who being first duly sworn under oath, deposes and says: 1. 1 am COREY D. BARTON, who is the President of Corey Barton Homes, Inc., whose mailing address is 1977 East Overland Road, Meridian, ID, 83642 ( "Corey Barton Homes, Inc. "). 2. Corey Barton Homes, Inc., is the fee simple owner of the parcel of real property described on Exhibit I, attached hereto (the "Property "). 3. Corey Barton Homes, Inc, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions setfQQrth in Idaho Code Section 6 - 651IA and Eagle City Code Section 8 -10 -1 dated the L�iay of , 201,8 y and between the City of Eagle, a municipal corporation in the State of Idaho, and Corey D. Barton, Corey Barton Homes, Inc. (the "Agreement "). DATED this JA � day of (p By: Corey Barton SUBSCRIBED AND SWORN to before me this day of o °1g KOL?•. a•OT'"�'vi' ■ r c +� ' *�`9TE OFI�.�' +. on, President alof(c. A2LL L, Notary Public for Idaho Residing at AlAr6l -& , Idaho My Commission expires Page 1 of 1 K'Mannmg PcpGEaglc App licaiiowlSUBS'w015%Spnngbouse Sub do ar idow doc EXHIBIT "D" .9 .2 m EXHIBIT "D" h d cn i EXHIBIT "D" .9 .2 of