Development Agreement - 2021 - New Building On Exsisting 4 Acres In Clearvue Estates - 6/10/2021 ADA COUNTY RECORDER Phil McGrane 2021-095129
BOISE IDAHO Pgs=10 NIKOLA OLSON 06/21/2021 04:42 PM
CITY OF EAGLE, IDAHO NO FEE
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 ("City"),by and through its
Mayor,and RUSSELL AND COLLEr1h BRUNSON. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. S0510449400, ("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-15-20;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation);and
WHEREAS, the Owner desires a R-E-DA (Residential-Estates with a development agreement)
zoning classification to develop a residential use 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 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 R-E-DA (Residential-Estates with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement;and
WHEREAS, the Owner has provided City with affidavits agreeing to submit the Property to a
Development Agreement (Exhibit B-1 and B-2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same;and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein,the parties 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
The City will adopt an ordinance annexing and amending the Eagle Zoning Ordinance to rezone the
Property that is the subject of the application to the R-E-DA (Residential-Estates with a development
agreement) zoning classification, 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 ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the 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 with this Agreement.
3.2 The Concept Plan (Exhibit C) 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, in its sole discretion, 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.
3.3 Outdoor sporting events and Live Entertainment Events as defined by Eagle City Code Section 8-
1-2 shall be prohibited on the Property unless a home occupation permit is approved by the City
Council in accordance with Eagle City Code Section 8-3-5 (L).
3.4 The Property consisting of two (2) parcels, totaling five (5) acres shall not be further subdivided
and shall be limited to one (1)residence.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the owners of the Property are attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibits B-1 and B-2) 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.
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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 City, City 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, City 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 City 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 City.
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 Owner, and its 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 MA I hRS
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.
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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 City 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;
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner: Russell and Collette Brunson
385 Clearvue Drive
Meridian, Idaho 83646
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 City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees,together with interest accrued thereon. City 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,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or,if Owner has made a cash
deposit with City, City 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 City and invoiced,then following thirty (30) days of written notice of such failure
from City, City 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, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit,as applicable. City's draw upon the financial assurance under this Section
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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/fmancial 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 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 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.
8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this jAay of &? T2021.
CITY OF EAGLE,a municipal corporation organized
and existing under the laws of the State of Idaho
By- \. \�
ei Pierce,Mayor
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ussell Brunson,
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Collette Brunson, Owner
STATE OF IDAHO )
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County of Ada )On this 7 K a
, day of (A.v..e , 2021,before the undersigned notary public in and for
the said state, personally appeare RUSSELL BRUNSON, known and identified to me to be the owner(s)
of the property referenced herein and the person(s)who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my h. d and seal e day and year first above
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On this 2 r day of )LA-A.e._._ ,2021,before the undersigned notary public in and for
the said state, personally appeared COLLETTE BRUNSON, known and identified to me to be the
owner(s)of the property referenced herein and the person(s)who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal e day and year first above
written.
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Exhibit "A" RECEIVED& FILED
CITY OF EAGLE
NOV 19 2020
Description for
R-E ZONE File:
Block 3, Clearvue Estates Subdivision Route to:
November 12, 2020
A parcel of land located in the South 1/2 of the Northwest 1/4 of Section 19,
Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly
described as follows:
Commencing at the East 1/4 corner of said Section 19 from which the Center
1/4 corner of said Section 19 bears, North 89°50'17" East, 2408.07 feet; thence on the
East-West centerline of said Section 19, North 89°50'17" East, 804.82 feet to the
Southwest corner of Block 3, Clearvue Estates Subdivision as filed in Book 28 of Plats
at Pages 1773 and 1774 and the REAL POINT OF BEGINNING;
thence on the West boundary line of Block 3 and the northerly extension
thereof, North 00°54'57" West, 457.53 feet to the centerline of E. Clearvue Drive;
thence on the said centerline the following two (2) courses and distances:
South 72°30'00" East, 131.96 feet;
North 89°05'03" East, 419.75 feet to the northerly extension of the East
boundary line of Block 3;
thence on said northerly extension and the East boundary line of Block 3, South
00°54'57" East, 423.01 feet to the Southeast corner of Block 3;
thence South 89°50'17" West, 545.00 feet to the REAL POINT OF
BEGINNING.
Containing 5.307 acres, more or less.
End of Description.
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EXHIBIT "B-I"
Affidavit of RUSSELL BRUNSON
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
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County of Ada )
RUSSELL BRUNSON,who being first duly sworn under oath,deposes and says:
1. I am RUSSELL BRUNSON,whose mailing address is 385 East Clearvue Drive,Eagle,
Idaho 83616.
2. RUSSELL BRUNSON is the fee simple owner of the parcel of real property described
on Exhibit A,attached hereto (the"Property").
3. RUSSELL BRUNSON author'zes the submission of the Property to certain
Development Agreement dated the day ofs j4MIM-1- , 2021 pursuant to the provisions set
forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of
Eagle,a municipal corporation in the State of Idaho,and Russell Brunson (the "Agreement").
DATED this p2 day of , 2021.
By:
ussell Brunson
SUBSCRIBED AND SWORN to before me this Z'ay of �)(.�,1/� °L. ,2021.
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EXHIBIT "B-2"
Affidavit of COLLETTE BRUNSON
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
COLLEI"I'L BRUNSON,who being first duly sworn under oath,deposes and says:
1. I am COLLETTE BRUNSON, whose mailing address is 385 East Clearvue Drive,
Eagle, Idaho 83616.
2. COLLETTE BRUNSON is the fee simple owner of the parcel of real property
described on Exhibit A,attached hereto(the "Property").
3. COLLETTE BRUNSON autho es the submission of the Property to certain
Development Agreement dated the day o 2021 pursuant to the provisions set
forth in Idaho Code Section 67-6511A and Eagle ty Code Section 8-10-1, by and between the City of
Eagle,a municipal corporation in the State of Idaho,and Collette Brunson (the "Agreement").
DATED this o'-- day of+ , ,2021.1119
By: W "ft B
Collette Brunson
SUBSCRIBED AND SWORN to before me this Z� day of tr..w{-- ,2021.
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