Development Agreement - 2015 - Shadowbluff Subd Amended & Restated - 12/23/2015Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 93616
ADA COUNTY RECORDER Christopher D. Rich 2016 - 008960
BOISE IDAHO Pgs =9 BONNIE 02/0112016 03:42 PM
EAGLE CITY NO FEE
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00190010201600089600090091
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and R"tated Deaclopniunt Agreement (#his "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"), and Envision Idaho, LLC, ( "Owner''). Upon recordation of this
Development Agreement, that certain Development Agreement recorded in the real property records of Ada
County, Idaho, on October 12, 2006, as instrument number 106161993 (the "Original Development
Agreement ") shall be void and of not further force or effect_
WHEREAS_ Owner i s the own er of record of certain real estate consisting of approximately 4.86 -
acres generally located at 10895 Horseshoe Bend Road, as specifically defined in the attached legal
description (Exhibit A), and shown on the Concept Plan (Exhibit B), identified as Eagle Rezone Application
No. RZ -03 -06 and which is subject to an application for modification of development agreement, identified
as Eagle Rezone Modification Application No. RZ -03 -06 MOD; and
WHEREAS, the - proposed development includes properties within an area that, at the time the
Original Development Agreement was worded, was designated on 4he ,Land Use Map of the
Comprehensive Plan as Residential Four and zoned R4-DA (Residential with a development agreement);
and
WHEREAS, Owner desires to divide Property into two (2) parcels with a Parcel Division (PD -02-
15), with one (1) parcel to contain the existing residential dwelling and remaining parcel to be subdivided
into an 18 -lot (15- buildable,. 3- commoa) residential subdivision, use as generally shown on the Concept
Plan ( Lxhibit B)- and
WHEREAS, the City Council of Eagle has determined that the scope of any residential project
upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's rigl}t to use, .enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, Owner have agreed to the use restrictions and other Iimitations set forth herein upon
the use and development of the Property and has consented to the Residential District ( "R- 4 -DA ") zoning
designation for the Property with the requirements set forth in the Original Development Agreement as
replaced by this Amended and Restated Development Agreement; and
WHEREAS, Owner have provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C) pursuant to Eagle-City Code Sectiom g 10=1(C 1 }: and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
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 -651 lA and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to MU -DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No. 553A which became effective after its passage, approval, and publication on March 5,
2007.
ARTICLE III
CONDITIONS ON DEVELOPWNT
3.1 The maximum density ffor:the'Property shall be 3.30 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 %N ithin this Agreement.
3.3 The Concept flan (Exhibit B) represents the Ownces current concept forconnptetion 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, and notice shall be provided as may be required by the City.
3.4 Owner shall comply with Site Specific Conditions -of Approval and Standard Conditions of
Approval efParcel Division .application 4PD -02 -15 prior to the City Clerk signing the Sbadowbluff
Subdivision final plat.
3.5 Owner shall provide potable water and sewer connections to the parcel containing the existing
residential dwelling located at 10895 North Horseshoe Bend Road. Upon completion of the
subdivision Owner shall connect the existing residence to potable water and central sewer.
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ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner 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 -65I IA and Eagle City Code Section 8 -10 -1 shall bc.
provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners fail 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
UNENFOR ,CEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
orthe 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.appurte=t to and for the benefit of.the Property, adjacent property, and other residential
property near The Property and shall rim with the land. This Development Agreement shall be binding on
the Owner and owners, and their respec,-tive heirs, administrators, executors, agents, legal mepresentatives,
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.
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ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying wWr the notice and bearing provisions of Idaho Code Section 67- 6509, as required by
Eagle City Code Section 9-10 -1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its Lair 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 owstraaed in .accorflance with the laws of the
State affddaho in effect atthe time ofthe.execution ofthis Development Agreement. Any action brought
in connection with this Development Agreement shall be brouglnt 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 mailingthe 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
Owners: Envision Idaho, LLC
Mary Ann Olsen
12790 West Telemark Street
Boise, Idaho 83713
Or such other address and to such other persons as the parties may heremter designate. Any s=h- notice
shall be deemed given upon receipt if by personal delivery, forty-eilot (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, Owners agree to provide
adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees
and the end rans fees, together with intent aged .thereon. ale shall provide to the Owners an
estimate For -the anticipated 4ttorney fees and engineering fees associated with this Agreement. The Owners
slWl proviide .a :cmh•deposit,4etter.ofemdit err aterr►drin-the arnmmt of4he estimated. €eesassociated with the
worm undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shal I bill Owners for such fees,
adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle
and as invoiced to the Owners or, if Owners have made a cash deposit with Eagle, Eagle may draw on the
deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit,
and if the Owners fail to make payment for such fees when actually incurred by Eagle and invoiced, then
following thirty (34days of wriom notice of such failure from Eagle, Eagle may draw upon the financial
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assurance provided by the Owners. Thereafter, if the then current estimated fees still to be paid exceeds the
amount of the then current balance of die financial assurance (whether it be in the form of a cash deposit or
a letter of credit),the Owners shall replenish the financial assurance and shaII become current as to aII
outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release
to the Owners the unused portionrof the cash depositor the letter of credit, as applicable. Eagle's draw upone
die financiar 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 Owners fail to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owners, 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
PrnJJeCt;
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 8.6 ofthis Development Agreement and Section 9- 4 -2 -2" of-the City Code;
I" Bring art action for damages, injunctive relieF, specific performance or any other remedy
available at Iaw 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 steal l be effective tip Km 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 Wl l NESS WHEREOI , the parties have executed this Development Agreement.
DATED this ;L ay of 2015.
��•�• - -OF FC-••''-,
o�QOR4.?
SEA
ATTEST: +y'�w° P
Sharon K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
i d fisting under t ws of the State of Idaho
111.
D. Reynolds, a) r
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Owner. Eavision Idaho
By:
Mary t 0ls 1 Member
STATE OF IDAHO
. ss.
County of Ada }
On this Z!j!�3' ,of DdCAPt—&f-" , 2015, before the undersigned notary public in and for the said
state, personally appeared MARY ANN OLSEN, 'known or identified to me to be a Member of
ENV'IMON hDA440, LLC, &e owner oft1eproperty referenced hartin, and the person who executed the
foregoing instrument.
ITNESS WHERFLE I ha hereunto
Notary Public for I
Residing at: /Qer iefZc - , 2'.)
My Cornmissiou Expires: ! -'
set my hand and seal the day and year first above written.
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PO; ZZ
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EXHIBIT "C"
Affidavit of MARY ANN OLSEN on behalf of Envision Idaho, LLC
AFFIDAVIT OF LEGAL INTEREST'
STATE OF IDAHO }
) SS.
County of Ada )
MARY ANN OLSEN, who being first duly sworn under oath, deposes and says:
I. 1 am MARY ANN OLSEN, who is a Member of Envision Idaho, LLC, whose mailing
address is I025 South Bridgeway Place, Suite 290, Eagle, ID, 83616 ( "Envision Idaho,
LLC ").
2. Envision Idaho, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto�(the "Property").
3. Envision Idaho, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67 -6511 A and Eagle
City Cade Section $ -10 -1 dated the 2ft day of , Fjgr$*MgM= , 2015 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Mary Ann Olsen, Envision
Idaho, LLC (the "Agreement ").
DATED this Z5 day of De C , 2015.
By: Envision Idaho, LLC
SUBSCRIBED AND SWORN to before me this 7-1'w*day of 'Dec- , 2015.
Notary Public for Id f
Residing at /�'�p�r.•n
My Commission expires I
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Idaho
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EXHIBIT "A"
BOUNDARY LEGAL DESCRIPTION
A Parcel of land 'ocated in the Northeast 114 of Secbc.n 10, Township 4 North, Range 1 East,
Boise Meridian, City of Eagle, Ada County, Idaho and described as follows:
Basis of Bearing being the East line of said Northeast 114 derived from found monuments and
taken as South 00'00'00" East.
COMMENCING at an aluminum cap marking the Northeast comer of said Northeast 114, thence
South 00400'00" East a distance of 1317.80 feet to an aluminum cap marking the Southeast
comer of the Northeast 114 of the Northeast 114, thence continuing South 00'00'00" East a
distance of 28.16 feet to a point from which a brass cap monument marking the Southeast
comer of said Northeast 114 bears South 00000'00" East a distance of 1289.61, thence
South 89'46'45" West a distance of 40.00 feet to a 518 inch rebar marking the POINT OF
BEGINNING;
thence along the North line of Shadowridge Subdivision as it is recorded in Book 91 at Page
10739 South 89048'45" West a distance of 1,282.35 feet to a 518 inch rebar,
thence along the West line of the Southeast 114 of the Northeast 114 North 00617'02" West a
distance of 13.29 feet to an aluminum cap marking the Southwest corner of said Northeast 114
of the Northeast 114;
thence along the West line of the said Northeast 114 of the Northeast 114 North 0001T54" West
a distance of 151.71 feet to a 518 inch rebar;
thence leaving said West line and along the South line of Shadowview Subdivision as it is
recorded in Book 92 at Page 11010 North 89 °46'45" East a distance of 1,2B3.31 feet to a 518
inch rebar;
thence leaving said South line South 00002'16" West a distance of 155.00 feet to the POINT OF
BEGINNING.
Said Parcel containing 211,664 square feet or 4.859 acres more or less and is subject to all
existing easements and rights -of -ways of record or implied.
Craig R. McCullough RLS. 6901
Timberline Surveying
35 14th Ave. South
Nampa, Idaho 83651
END OF DESCRIPTION,
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EXHIBIT "A"
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EXHIBIT "B"
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