Development Agreement - 2016 - Crossley Park Sub - 2/23/2016Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.Q. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D Rich 2016.023968
BOISE IDAHO Pgs =12 BONNIE 0312312016 04:06 PM
EAGLE CITY NO FEE
111111111111 1111111111111111111111111 111111111111
00209329201900239990120127
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 G. Gregory Hall. ( "Owner ").
WHEREAS, the Owner is the owner of record of certain real estate located at 3391 West Flint
Drive, 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 -28 -06 MOD;
and
WHEREAS, the proposed development includes properties within an area currently zoned R -3-
DA (Residential with a development agreement); and
WHEREAS, the Owner desires a R- 5 -DA -P (Residential with a development agreement - PUD)
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 R- 5 -DA -P (Residential with a development
agreement - PUD) 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
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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 11
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 Residential District ( "R- 5- DA -P "), 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 111
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 design review,
preliminary and final plat reviews, condominium 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? 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.
3.3 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. The applicant shall
also provide documentation from Eagle Sewer District approving the final construction plans prior
to submittal of the final plat application. A letter of approval shall be provided to the City from the
Idaho Department of Health and Welfare, Division of Environmental Quality, and /or Central
District Health, that the installed system is approved prior to issuance of any building permits.
3.4 As provided by the Owner, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. To assure compliance with this condition, 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, 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.
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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
permit applications that do not have an approval letter attached will not be accepted.
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to submittal of a final plat application.
3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the
watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City
Code, in perpetuity.
(b) A maintenance manual for the private streets requiring the association(s) shall have the duty to
maintain and operate all of the private streets including the repair and replacement of asphalt
and sidewalks, in perpetuity.
(c) A requirement that no parking is allowed on the private streets and a mechanism for the
enforcement of the no parking requirement.
(d) 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 The Concept Plan shows the locations for all buildings within the development. The Setbacks shall
be as follows:
Front 20 -feet
Rear 15 -feet
Side (attached) 0 -feet
Side (unattached) 5 -feet
Maximum Coverage 50%
All residential homes shall be single -story (as shown on Exhibit "D ").
3.8 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of a Design review application. The plans shall show how the
lights will facilitate the "Dark Sky" concept of lighting.
3.9 Owner shall comply with all requirements of the Ballentyne Ditch Company as outlined in the
provided correspondence, date stamped by the City on April 6, 2015.
3.10 Owner shall provide a License Agreement from Ballentyne Ditch Company for all improvements
within their easement area prior to the City Clerk signing the final plat.
3.11 Owner shall tile the Ballentyne West Lateral Users Association ditch (located adjacent to the
southern boundary) with a twenty-four inch (24 ") pipe prior to the City Clerk signing the final plat.
ARTICLE IV
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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 -I0 -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 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 VI1
ASSIGNMENT AND TRANSFER
Aber 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
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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 Vlll
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 Paraaranh 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: G. Gregory Hall
7521 North Grand Ridge Lane
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,
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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.
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 Authori1y 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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of
jovN 110,
s C1 0VY -1A F CITY OF EAGLE, a municipal corporation organized
*a6d e, i ' g under t Iaws of the State of Idaho
SEAL`
+�'•,, q a::�: A�►�••'� Stan Ridgeway, Mayor
ATTEST: a,••7L� �� 19��••••
JSh'r—o-n"'Ck--. Bergmann, City Clerk
Owner: Gregory . Hall
By:
G. Gregory Hall
STATE OF IDAHO )
. ss.
County of Ada )
On this�3 day of , 2016 before the undersigned notary public in and for
the said state, personally appeared G. GREGORY HALL, known or identified to me to be the owner of the
property referenced herein, and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
written.
9 DEANNA FOERSTER
Notary Public
f State of Idaho
Notary Public for Idafi6
Residing at: Us. c
My Commission Expires:
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K Ullanning DLTI ASle ApphcationslSUBSUOI STrossley Park Sub da cc fnl vcr doe
and year first above
"M
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
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EXHIBIT "All
TOOT] MP.
CONZuL717ING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714 -2008
208 - 323 -2288 - FAX 208- 323 -2399
boise@itoengrco.com
Project No: 06208
Date: December 12, 2006
Page: 1 of 1
RECEIVED 8, FILED
Crry OF !=Ari F
EXHIBIT "A"
Preliminary Plat Description — Symphony Square Subdivision
All of Lot 7, Block 2, of Amended Plat of Flint Estates; recorded in Office of the Ada County
Recorder, in Book 45 of Plats at Pages 3713 -37I4, located in the North -Half of the Southeast
Quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
lying westerly of the east line of said Northeast Quarter of the Southeast Quarter of said Section
12, as shown on Record of Survey No. 704, described as follows:
COMMENCING at the E '/. corder of said Section 12, marked by a found aluminum cap, as
referenced in Comer Perpetuation & Filing Record No. 106147276, from which the C `/. corner
of said Section 12, marked by a found 518" -inch iron pin, bears N.89 °20'2 1 "W., 2644.72 feet;
thence, along the easterly line of said Northeast Quarter of the Southeast Quarter of said Section
12,
A) S.00 °42'43 "W., 433.83 feet to the POINT OF BEGINNING; thence, continuing along
said easterly line,
1) S.00 °42'43 "W., 424.17 feet; thence,
2) S.89 °36'43 "W., 652.69 feet; thence,
3) N.06 058'54 "E., 424.57 feet to the southerly right -of -way line of W. Flint Drive;
thence, along said southerly right -of -way line, non - tangent from said line,
4) Northeasterly along said curve to the left, having a radius of 45.00 feet, an arc length
of 117.24, through a central angle of 149°16'29 ", and a chord bearing and distance of
N.76 004'53 "E., 86.78 feet; thence, leaving said southerly right-of-way line,
5) S.88 °29'34 "E., 522.29 feet to the POINT OF BEGINNING.
CONTAINING: 6.20 acres, more or less.
SUBJECT TO: All Covenants, Rights, Rights -of -Way, Easements of Record and any
Encumbrances.
"This description is for Preliminary Plat purposes
I4Aff62091WPfi16LSURVEYIExhA- PrePlat Dcscripaon.doc
BOISE - COEUR d .ALLENE - CALDWELi.
EXHIBIT "B"
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Affidavit of GREGORY G. HALL
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
GREGORY G. HALL, who being first duly sworn under oath, deposes and says:
I. I am GREGORY G. HALL, whose mailing address is 7521 North Grand Ridge Lane,
Eagle, Idaho, 83616 ( "Owner ').
2. Gregory G. Hall is the fee simple owner of the parcel of real property described on
Exhibit I, attached hereto (the "Property ").
3. Gregory G. Hall authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67 -651 IA and Eagle City Code
Section 8 -10 -1 dated the Z:_3 day of , 2016, by and between the City of Eagle, a municipal
corporation in the State of Idaho, and Gregory G. Hall (the "Agreement').
DATED this day of (%
By: Gregory G. Hall
By:
Gregory G. all, ner
SUBSCRIBED AND SWORN to before me this day of rrr r '—'-2—,2016.
Notary Public fqr Idaho
QEANNA FOERSTE; Residing at Idaho
Notary public My Commission expires a
state of Idaho
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EXHIB