Loading...
Development Agreement - 2016 - Crestpoint Place Subdivision - 3/21/2016ADA COUNTY RECORDER Christopher D Rich 201 6 - 023967 BOISE IDAHO Pgs =17 BONNIE 03123/20/6 04:06 PM EAGLE CITY NO FEE IIIIIIIIIIII IIIIIIII111111III III IIIIIIII 111111111 Recording Requested By and 00206326201600239670170174 When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 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 Crestpoint Place, LLC ( "Owner "). WHEREAS, the Owner is the owner of record of certain real estate located at 103 South Edgewood 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 -03- 15 and subsequently modified by a Development Agreement Modification, identified as Eagle Rezone Modification Application No. RZ -03 -15 MOD; and WHEREAS, the proposed development includes properties within an area currently zoned A (Agricultural); and WHEREAS, the Owner desires a MU -DA (Mixed Use 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 PIanning 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 MU -DA (Mixed Use with a development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and Page 1 of 9 K- 8 De U1 nk Apphealions.RZ&AU015M.03.13 da a fnl ver.doe 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 I 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 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. 3.2 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 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 43 -units (5.6- dwelling units per acre) in the aggregate. Development of the Property will be permitted and future conditional use permits for the residential development will not be required. 3.4 A preliminary plat is a component of the planned unit development process. During the review of a preliminary plat application the City shall review and condition the application as a planned unit development in regard to all applicable Titles of Eagle City Code. Findings shall be made as part of the approval of the preliminary plat for approval of a planned unit development. Page 2 of 9 K.TLi g pepil Uk App]icauons1R7&M2615LRZ -83• 15 da cc fnl ter doe 3.5 Prior to City rezoning, the Property shall be annexed into Eagle Sewer District's boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions. Further, prior to issuance of a building permit Owners shall provide proof of adequate sewer service to the proposed habitable buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District. 3.6 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, for the pressurized irrigation facilities, 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 other similar decorative style fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The residential lot located adjacent to the commercial lots is permitted to have solid fencing located adjacent to the west property line and not to encroach into the front yard. (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. 3.7 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 &R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &R's. The submittal of a building permit application to the City for all buildings within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building pen-nit applications that do not have an approval letter attached will not be accepted. 3.8 Owner shall submit a design review application showing the required thirty -five foot (35') wide buffer area located within a common lot adjacent to East Hill Road. The required thirty -five foot (35') wide buffer area located within a common lot adjacent to Edgewood Lane shall be reduced to twenty feet (20') in width and plantings that are typically required within a thirty -five foot (35') wide buffer area shall be reduced so that the twenty foot (20') wide buffer area is not over planted. Details shall be provided to the Design Review Board showing that the height of the berm located adjacent to Edgewood Lane will not create a water drainage impact to the building envelopes. The design review application shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. Page 3 of 4 K.Ulammn MpOFauk AmphWwm%RZBAl2015%RZ -03 -I5 da cc &I %vr doc 3.9 The required setbacks shall be as follows (Exhibit E): SB -I Front 15 -feet Living-30-feet Garage Rear 15 -feet Side 3 -feet (Up to two- stories) Street Side 10 -feet Maximum Lot Coverage60 10 SB -2 Front 15 -feet Rear 10 -feet Side 3 -feet (Up to two - stories) Street Side 0 -feet Maximum Lot Coverage75% SB -3 Front 5 -feet Rear 10 -feet Side 3 -feet (Up to two- stories) Street Side 0 -feet Maximum Lot Coverage75% SB-4 Front 5 -feet (Access from Private Drive) Rear 15 -feet Side 3 -feet (Up to two - stories) Maximum Lot Coverage 600.0 SB -5 Front 30 -feet Rear 15 -feet Side 15 -feet (Additional 5-feet/story) Street Side 15 -feet Maximum lot coverage 35% 3.10 Except as otherwise provided in this Agreement or by applicable ordinances, development of the Property shall comply with Eagle Comprehensive Plan and City Code in effect at the time this Agreement is recorded. 3.11 Owner shall comply with Eagle City Code, Title 9, Land Subdivisions, regarding the type of streets providing access to the future lots located within the development. 3.12 The existing home located at 103 South Edgewood Lane may continue the use of the existing well and septic system, however, the Owner shall provide a stub -out for public water and sewer service to the existing home prior to City Clerk signing any final plat. 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 Q and be bound thereby, and comply Page 4 of 9 IC.1 L==g DcN.Eagle AppdemionaAMM20I5T2 -03 -I5 da u rol ver doc 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. 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 parry 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. Page 5 of 9 K Tlu ng OeptX4e Apphcwiou\ x&AI20I5W2 -03 -IS da c fid wr dm 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: Crestpoint Place, LLC Attn: Lloyd Glasgow 1407 South Gosling Place Eagle, Idaho 83616 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, Page 6 of 9 K.Tlarmmg Uepffa* App6almnskRZ&A1201MRZ-03• 1$ da cc fn1 Yes doe 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 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. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this ,J day of a , 2016. _ - CITY OF EAGLE, a municipal corporation organized and ' g u der t a of State of Idaho By: St reway, Mayor Page 7 of 9 K.lfta g Dcp6ragic ApPli awnIM FAU015%KZ -0S•]S da cc fnl %vr doc ���•- F O EAC ATTEST: �:�C �Q0R.4p t `p ` # Sharon K. Bergmann, City Clerk = ♦c' P+ ti ••.,,A7z OF,�..•• Owner: Crestpoint Place, LLC By: �. Lloyd W. Glasgow, Manager STATE OF IDAHO ) ss. County of Ada } On this` day of !� ' , 2016, before the undersigned notary public in and for the said state, personally appeared LLOYD W. GLASGOW, known or identified to me to a Manager of Crestpoint Place, LLC, owners of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my ha and seal the day and year first above written. ��M1E BOg �C - -- {�l0 TA OF `Op,�C No ' Public for Idaho / ding at:t ,j� �+ t7 ..- W y Commission xpires: Page 8 of 9 I+1 Jlj; DeptlEmea da a fnl %vr.doc INDEX OF EXHIBITS A — Legal Description of Property B — Concept Plan of Property C - Affidavit of Owner Agreeing to Submit Property to Development Agreement D Typical Housing Styles Page 9 of 9 F:.SBlam ng DeptTagk AppGcetions11t7&M2015AZ-01-IS do cc fnl %W doe EXHIBIT "A" ECEIVED & FILED CITY OF EAGLE MAY 18 2015 LjhbGKIN I IVIV I-UK EDGEWOOD CRAWFORD PROPERTY File: Route to: A parcel of land located in the SE 114 of the SE 114 of Section 9, TAN., R.1 E., Boise Meridian, City of Eagle, Ada County, Idaho being more particularly described as follows: Commencing at the SE Corner of said Section 9 from which the S1116 comer of said Section 9 bears North 00 016'00" East, 1317.12 feet; Thence along the East boundary line of said Section 9 North 00 °16'00" East, 470.32 feet; Thence leaving said East boundary line North 89 044'00" West, 29.70 feet to a point on the westerly right -of -way line of S. Edgewood Lane, said point being the REAL POINT OF BEGINNING; Thence along said westerly right -of -way line the following 2 courses and distances: Thence North 89 012'04" West, 30.81 feet; Thence South 39 059'05" West, 20.64 feet to a point on the northeasterly boundary line of Empire Estates Subdivision as filed in Book 59 of Plats at pages 5751 and 5752, records of Ada County, Idaho; Thence along said northeasterly boundary line the following 5 courses and distances: Thence North 49 °09'28" West, 358.88 feet; Thence 94.33 feet along the arc of a curve to the right having a radius of 232.20 feet, a central angle of 23 °16'37" and a long chord which bears North 37 "31'10" West, a distance of 93.69 feet; Thence North 25 052'51" West, 141.92 feet; Thence 232.83 feet along the arc of a curve to the left having a radius of 402.70 feet, a central angle of 33 °07'36" and a long chord which bears North 42 026'39" West, a distance of 229.60 feet; Thence North 59 000'27" West, 33.78 feet to northwest comer of said Empire Estates Subdivision; Thence along the easterly boundary line of Escuela Subdivision as filed in Book 77 of Plats at Pages 8174 and 8175, records of Ada County, Idaho the following 2 courses and distances: Thence North 59 °00'27" West, 9.45 feet; 112 Thence North 00 027'34" East, 196.13 feet to a point on the South right -of -way line of E. Hill Road; Thence along said North right -of -way line the following 2 courses and distances: Thence South 87 041'27" East, 613.28 feet; Thence South 38 042'15" East, 32.73 feet to a point on the westerly right -of -way line of S. Edgewood Lane; Thence along said westerly right -of -way line the following 7 courses and distances: Thence South 00 °16'00" West, 22.52 feet; Thence 57.44 feet along the arc of a non tangent curve to the left having a radius of 468.50 feet a central angle of 07 001'28 ", and a long chord which bears South 03 046'42" West, a distance of 57.40 feet; Thence South 00 °16'00" West, 84.43 feet; Thence South 89 044'02" East, 3.52 feet; Thence South 00 °16'00" West, 571.32 feet; Thence North 89 °14'42" West, 4.48 feet; Thence South 00 °4847" West, 23.37 feet to the POINT OF BEGINNING. Containing 7.71 acres, more or less. '7729 OF Y G- GA Page 212 EXHIBIT "B" -- - _..__ --.Mow ` f v ErCHMIFtAry Development re AtUreg T43TALAMS 71 AC TOTOA11:1 :TS SINGLE AUX [ [ !.; r 1 , ARM A EZONING 0 'ITT sus. ,� �� ✓/ _ v h'a�lele lddwlto OLASOOW [murRUes uG �� CMOG NFE A Na asCHEAW/ATERS DR N013'THSIDE EAGtE.IO11S1e MANAGEMENT 106•SS9.0510 Affidavit of Lloyd W. Glasgow on behalf of Crestpoint Place, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) LLOYD W. GLASGOW, who being first duly sworn under oath, deposes and says: I am Lloyd W. Glasgow, who is the Manager of Crestpoint Place, LLC, whose mailing address is 1407 South Gosling Place, Eagle, Idaho 83616 ( "Crestpoint Place, LLC "). 2. Crestpoint Place, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property "). 3. Crestpoint Place, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions setforth in Idaho Code Section 67 -6511A and Eagle City Code Section 8 -10 -1 dated the {Say of Ae,� , 2016 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Crestpoint Place, LLC (the "Agreement "). DATED this2 y Tday of ��/ , 2016. Crestpoint Place, LLC By: LloydV. Glasgow, Manager SUBSCRIBED AND SWORN to before me this day of , 2016. Nota Public for Idaho F7-JU 1`11I E B OX Resi ng at _&41 Idaho ,Rw I� #.IF3f_.1L' My Commission expires /-/,F- D �] Page 1 of I K Tiamong UepllEnoe ApplicanomI Z&AU01 PRZ -03-I5 da atGdavll.doc Fr Ilk I I l �e . -it I 1 Ti Nil 4 � OMW I 611MVP J6 1 0 � \ / \\ I -1 - - -- - - -- -- ---7 EXHIBIT "D" tic PT pr