M3 Eagle LLC Pre-annexation & Development Agreement 2007 FINALTable 1: Bia Gulch Plannina Area Density Allocation
Acres Densitv (units/acre) Units
Base Density 636 0.5 318
Community Center - 2.5 -
Neighborhood Center 120 10 1,200
Regional Open Space - 1 -
Excess Community Open Space 60 0.5 30
Subtotal: 1,548
Fundina Bonus (10%) 155
Density Reassianment 188
Units 1,891
Gross Density (units/acre) 2.97
Maximum PlanninQ Area Density (units/acre) 5.24
Non-Residential Use Acreage 100
The Big Gulch Planning Area contains 636 acres (approximately 11 % of the total Property) and is more
fully described in Exhibit F1. Topographically, over 95% of this area is less than 25% slope.
The Planning Area contains approximately 116 acres of Constrained Lands of which 75 acres will be
mitigated. The maximum Pre-Mitigation Density for this Planning Area is 1,634 dwelling units. This
Planning Area is the heart of the community and is planned for a mix of residential, Non-Residential Uses,
civic and public uses with 120 acres of Neighborhood Centers that are planned for a mixture of
commercial and/or office uses and residential uses.
Two Neighborhood Centers, each comprised of 60 acres and planned for a mixture of commercial and/or
office and residential uses, are located near the center and western end of the Planning Area with the
highest intensity of mixed-use development located in the center. The central Neighborhood Center may
be increased to a maximum of 95 acres and 300,000 Non-Residential Use square feet to promote and
recruit additional employment opportunities that allow Eagle residents to live and work within the City of
Eagle with intensity and density of use based upon Eagle City Code. This Planning Area may also
contain resort or hotel uses and a medical office campus with a clinic or hospital.
Residential neighborhoods are anticipated to contain single and multi-family homes with densities ranging
from 2-20 units/acre. Housing options will include apartments, townhouses, condominiums, patio homes,
and high-density single-family detached and attached homes.
The Big Gulch Planning Area will have an urban feel at the Neighborhood Centers with appropriate
landscape, monumentation, signage and place-making features integrated into the design of the area.
Housing, commercial/office uses, roadways and landscape will tend to be arranged in formal patterns with
tree-lined boulevards and pedestrian scale amenities. Buildings along the main arterial roadway may be
close to the roadways to create pedestrian-friendly areas with sidewalks, street trees and benches.
Shared surface parking areas and parking garages will be encouraged at the sides and rear of buildings
or within building clusters, to reduce large areas of paving. On-street parking will be provided where
sufficient right-of-way exists. Design Guidelines will be established as set forth in this Agreement, and in
conjunction with City's design review regulations and enforced through the Owners' Association and
recorded CC&Rs as well as appropriate City enforcement mechanisms. Clustered housing designs and
placement of homes and other structures on individual lots will be carefully integrated into the topography,
and sensitive hillside grading techniques will be used to ensure, to the greatest extent possible, that
visual impacts of development on slopes and ridgetops is mitigated. Renderings showing examples of
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT -11
compliance with the Eagle Comprehensive Plan and this Agreement. Notwithstanding the first sentence of
this paragraph, in the event that contiguity of the Property with City's jurisdictional boundary is not reached
within such 24-month time period, or if contiguity with City's jurisdictional boundary is reached and City fails
to timely complete annexation proceedings commenced within 90 days of City's receipt of written notice of
contiguity from Developer, unless such 24-month period is extended as provided further herein, the Initial
Term shall automatically terminate and this Agreement shall terminate. Notwithstanding anything to the
contrary herein, at any time prior to the commencement of the Extension Term, defined below, if City:
i) acts in bad faith in contravention of this Agreement; or (ii) the City fails to take actions to annex the
Property consistent with the terms and conditions outlined herein, Developer may withdraw Developer's
consent to annexation and rezone of the Property and this Agreement shall automatically terminate. Any
expenditures by Developer prior to annexation shall be at Developer's risk and at Developer's sole cost
and expense.
b) Extension Term. Provided annexation and rezone of the Property has occurred
as provided immediately above, the extension term of this Agreement shall commence on the date of
publication of the Annexation and Rezone Ordinances(s) of the Property and shall automatically terminate
on the 30th anniversary of the first day of the extension term (the "Extension Term") without the necessity
of any notice, agreement, or recording by or between the Parties. However, if any of the Property has not
yet been developed as contemplated by this Agreement before such 30th anniversary, this Agreement shall
automatically extend, without the necessity of any notice, agreement, or recording by or between the
Parties, for an additional 10 years, for a total of 40 years, at which time this Agreement and the Extension
Term shall automatically terminate as to the Property without the necessity of any notice, agreement, or
recording by or between the Parties. The Initial Term and the Extension Term are sometimes individually
or collectively, as context may dictate, referred to herein as the "Term."
If Developer has proceeded in good faith but has been prevented from developing the Property, in whole
or in part, within the Extension Term by circumstances beyond Developer's control, including, without
limitation, failure of City to annex all or a portion of the Property, judicial injunctions, inclement weather,
delays due to strikes, inability to obtain materials, civil commotion, terrorism, fire, acts of God, or delays
caused by City, or other local, state or federal agencies, the Term shall be extended for an additional
period of time equal to the period of such delay(s). Nothing in this Agreement shall be interpreted to
preclude the Parties from extending the Term by mutual agreement or from entering subsequent
development agreements or extensions thereof.
2. INFRASTRUCTURE AND SERVICES.
The Parties acknowledge that a general intent of this Agreement is for Developer to provide for its
proportionate share of the Public Infrastructure which will be set forth by coordinated planning, design,
engineering, construction, acquisition, installation, and/or provision of Public Infrastructure as
contemplated by the Planning Unit Master Plan process and as otherwise described herein. Various
public facilities and services as identified in this Agreement and to be identified in the Planning Unit
Master Plan(s) shall be sited, provided, maintained and operated in accordance with this Agreement or in
accordance with separate agreements with other governmental or quasi-governmental entities. City and
Developer recognize that a proportionate share of the costs associated with the development of the
Property and Public Infrastructure shall be borne by Developer and third-party owners of Property within
the development and that many necessary elements of Public Infrastructure should be provided and/or
maintained by other governmental or quasi-governmental entities, and not by City, and that Developer
may enter into separate agreements with such other entities. For clarification, the Parties make specific
note of and acknowledge the following:
2.1 Traffic & Circulation.
a) Ada County Highway District; Idaho Transportation Department.
Improvements to the ACHD and/or ITD Traffic System, as applicable, within the Project shall be provided
at the direction of ACHD, ITD or some other legally-constituted entity with jurisdiction over the ACHD
Traffic System and/or the ITD Traffic System. Unless City has such jurisdiction, City shall not be
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 21
responsible for any approvals or access permits required or construction or maintenance costs associated
with the ACHD Traffic System and/or the ITD Traffic System, within the Project.
b) Regional Circulation Plan; Master Traffic Study; Master Streets &
Circulation Plan. Conceptual locations of major roadways within the Property and the North Eagle
Foothills Planning Area are provided in the Regional Circulation Plan, attached hereto as Exhibit I.
Developer is working with City, ACHD, ITD, BLM and adjacent property owners to adopt a regional
roadway network plan to serve as a template to guide the Master Streets & Circulation Plan, to be
developed based on the Master Traffic Study, the Planning Unit Master Plans and construction of the
arterials generally along the alignments shown in the Regional Circulation Plan or as determined by the
Agency having jurisdiction. Developer will work with the aforementioned agencies and others to determine
the appropriate funding mechanisms to provide future funding to mitigate the proportionate impact of the
development of the Property on the existing ACHD Traffic System and/or ITD Traffic System. Developer
and City shall cooperate to achieve approval by ITD and/or ACHD of the circulation interrelationship
between the ACHD Traffic System and the ITD Traffic System, such as the location of highway
interchanges and/or roundabouts, as reflected in the proposed Master Streets & Circulation Plan attached
hereto as Exhibit J. The western primary entry may be proposed as an interchange or roundabout on
State Highway 16.
c) ACHD Traffic System. Prior to and following annexation, Developer, with
consultation with ACHD, will design, engineer, construct, acquire, install, permit and dedicate the ACHD
Traffic System within and/or proportional to the Project's impacts in accordance with the Master Streets &
Circulation Plan, Planning Unit Master Streets & Circulation Plans and the Phasing Plan and all planning
and study documents of ACHD. Any expenditures incurred by Developer prior to annexation shall be at
Developer's risk and at Developer's sole cost and expense.
d) ITD Traffic System. Prior to and following annexation, Developer, with
consultation with ITD, will design, engineer, construct, acquire, install, permit and dedicate the ITD System
within and/or adjacent and/or proportional to the Project's impacts in accordance with the Master Streets &
Circulation Plan, Planning Unit Master Streets & Circulation Plans and Phasing Plan and all planning and
study documents of lTD. City and Developer shall cooperate in pursuit of funding from or authorized by
the State of Idaho for the construction of Developer's proportionate share of necessary improvements to
the ITD System (which improvements may include, without limitation, interchanges, roundabouts, traffic
signals, turning lanes and frontage roads) required to implement this Plan. Any expenditures by Developer
prior to annexation shall be at Developer's risk and at Developer's sole cost and expense.
e) Planning Unit Master Streets & Circulation Plan. A detailed analysis of the
ACHD Traffic System within the Project and the ITD Traffic System within and/or adjacent to the Project
and the ultimate design and locations of streets and circulation improvements shall be consistent with the
Master Streets & Circulation Plan and further defined in each Planning Unit Master Streets & Circulation
Plan, which analysis shall be submitted and approved by ACHD and/or ITD, as appropriate. Each
Planning Unit Master Streets & Circulation Plan shall be prepared and approved by City taking into account
the Master Streets & Circulation Plan, and any amendments thereto and the recommendations of ACHD
and/or ITD, as applicable. Each Planning Unit Master Streets & Circulation Plan shall address any
increase or decrease in traffic volumes from other Planning Unit Master Plans and the particular Planning
Unit being planned that may occur as development progresses and densities and intensities are
rearranged.
f) Phased Construction. Developer and/or ACHD and/or ITD shall construct or
arrange for the construction of, in phases, and in accordance with the Master Streets & Circulation Plan
and the Planning Unit Master Streets & Circulation Plan: streets, roadways and sidewalks to be used for
motorized vehicular traffic for ingress and egress to, through, within and from the Project; parking;
pedestrian, bicycle and/or other facilities to be used for non-motorized vehicular traffic for ingress and
egress to, through, within and from the Property; street lighting with underground electric service
distribution; all striping, traffic signals, street sign posts, street name signs, stop signs, speed limit signs,
and all other directional/warning/advisory traffic signage as may be reasonably required. City shall not
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 22
of occupancy for any phase prior to Developer's completion of the Water System and irrigation facilities for
service of that phase. As part of the conveyance of any phase or portion of the Water System to City,
Developer shall provide City with all applicable as-built drawings, operation and maintenance manuals,
operation records, and water right records and other necessary information.
d) Planning Unit Master Water Plan. A detailed analysis of the Water System for
each Planning Unit shall be completed and submitted to City.
e) Assured Water Supply. For each Planning Unit Master Water Plan, Developer
shall submit evidence that Developer has secured adequate surface and/or ground water right(s) for the
Water System, sufficient for all irrigation, aesthetic, amenity, potable and/or recreational use in connection
with the development of each Planning Unit (unless Developer is entitled to a waiver as provided by City
Code). As part of the construction of the Water System and conveyance to City, Developer shall transfer,
conveyor assign (on a phase by phase basis) ground water right(s) to City for inclusion in City's municipal
water supply system; provided however, Developer shall not conveyor assign more ground water right(s)
than necessary to serve the Project as it is being developed and City shall not use any of the water
transferred under such rights to serve any other properties unless City demonstrates to Developer that City
has obtained adequate water rights to serve the Project and such other properties. City shall cooperate
with Developer, at no cost to City, to assist Developer in Developer's obtaining all permit(s) and licenses
for water rights sufficient to serve the Property as the Property is developed in accordance with this
Agreement. If any transfer, amendment or other proceedings are required under Idaho Code or IDWR rule
or policy for the water rights necessary to serve the Project, City shall cooperate with developer in
Developer's efforts to obtain all necessary permits and approvals from IDWR, including, without limitation,
approvals in connection with Mitigation that may be required. Developer shall have the right to file for a
municipal water right prior to the annexation. As set forth in this Agreement, it is City's and Developer's
intent to have City be the water service provider and not have a PUC regulated provider serve the
Property.
f) Reimbursement. If Developer, at Developer's cost and expense, develops
major water facilities, such as major production wells, water storage tanks or reservoirs (but excluding local
service and distribution lines) for the Project, which reasonably has been determined by City to benefit
properties other than the Property, or if City requires Developer to develop a portion of the Water System in
excess of that necessary to serve the Project so as to allow City to serve other properties, City and
Developer shall, in good faith, enter into an agreement to the effect that the portion of the costs in
connection with such development of the Water System for properties other than the Property shall be
reimbursed to Developer from the service connection charges collected from such other benefited property
owners who otherwise have not paid or contributed their proportionate share toward development of the
Water System ("Water Reimbursement Agreement"). Such Water Reimbursement Agreement shall have
a duration of sufficient time following completion of the portion of the Water System for which
reimbursement is sought with such time to be mutually agreed between Developer and City but in no event
less than ten (10) years. Such Water Reimbursement Agreement shall provide, in part, that: (i) interest be
paid to Developer at the then applicable municipal bond rate; (ii) City shall charge an administrative fee for
handling the accounting, auditing, and payment of the reimbursement payments to be made to Developer;
iii) the Water Reimbursement Agreement shall be binding on Developer and City and their respective
successors and assigns; and (iv) the Water Reimbursement Agreement may be recorded as an
encumbrance against the benefited property(ies).
g) Water User Charges. Upon development and conveyance of the Water System
to City of the Water System and compliance with paragraph 2.2(c) above, City shall provide water service
to the Property in quantity and quality sufficient to satisfy the potable water needs of the Project as and
when required in connection with the development of the Property, subject to any water disruption or
degradation of water quality or quantity that is outside the control of City and further subject to City's
reasonably enacted and imposed standard terms and conditions of delivery. All water service using the
Water System shall be metered. City shall receive no fee for water service until, and only if, City accepts
ownership of and operational responsibility for the Water System, after which time City shall be entitled to
collect such fees for water service.
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 24
2.4 Storm Water Drainage.
a) Ada County Highway District. Post-development storm water management
includes drainage collection, diversion, detention, retention, dispersal, use and discharge, which shall be
provided by ACHD or some other legally-constituted public or private provider allowed to operate in City
entity with jurisdiction over the Drainage System. Unless City has such jurisdiction, City shall not be
responsible for any approval, construction, collection, conveyance or maintenance costs associated with
the Drainage System within the Project.
b) Master Drainage Study; Master Drainage Plan. Developer shall complete the
Master Drainage Plan, based on the Master Drainage Study to describe pre-development drainage
characteristics of the Property and a conceptual hydrologic and hydraulic analysis of the Property's existing
and proposed Drainage System. In connection with such Planning Unit Master Drainage Plan, Developer
shall determine the applicable 1 OO-year floodway elevations for the Property and shall obtain from FEMA a
Conditional Letter of Map Revision ("CLOMR") that adjusts the floodway boundaries as and if appropriate.
City shall use all good faith efforts to cooperate with Developer in connection with Developer's applications
to FEMA to modify relevant flood maps to reflect actual conditions.
c) Assured Drainage. In connection with each Planning Unit Master Drainage
Plan, concurrently with the submittal of a Final Development Plan in connection with each Planning Unit or
portion thereof, Developer shall submit evidence that the Drainage System is adequate to satisfy all
proposed uses in connection with the development of such Planning Unit or portion thereof.
d) Drainage Re-use. City acknowledges Developer's intention to retain rights, title
and interest in any and all of drainage on the Property (for irrigation or aquifer recharge purposes). City
acknowledges that Developer may be using drainage water for irrigation of Open Space and potentially
recharging the aquifer, both of which uses will be subject to applicable governmental agency approvals.
2.5 Public Facilities.
a) Police. Police protection is provided to City under contract with Sheriff of Ada
County ("Sheriff') through contractual arrangement between Ada County and City. City shall provide
police protection services to the Property as developed on the same basis as is provided to other residents
and businesses within City. Following annexation, Developer shall contribute 1 site (not to exceed 1 acre)
for the construction of a police station in accordance with the Master Parks, Trails and Public Facilities
Plan, attached as Exhibit K, which defines a general location. Such site shall be combined with a fire
station site. The final location is subject to Developer, Sheriff, and Fire District approval. Such police
station shall be identified on the Final Development Plan in connection with the applicable Planning Unit
Master Plan or portion thereof. Developer shall cooperate with City and Sheriff in determining Developer's
proportionate share of funds in connection with construction of such site, facility equipment, personnel and
operations, but not to exceed $1,000,000.00 unless Developer's proportionate share exceeds such
monetary amount, said additional amount shall be paid by Developer (the "Police Fees"); provided
however, City and Developer acknowledge and agree that such Police Fees paid in connection with non-
capital improvements are intended to be and shall be a one-time payment meant to cover that initial period
of time when ad valorem taxes have not yet been collected to cover the costs of such non-capital
improvements. Any contribution by Developer shall be contingent upon: (i) review and approval of
construction; (ii) 180 days notice provided to Developer by City or the Sheriff; and (iii) evidence that the
demand for such facility is based upon the demand created by the Project. Such buildings shall be
designed to be consistent with the requirements necessary to provide service to the Project. Design of the
facility shall be consistent with the EASD and the Design Guidelines, and shall be reviewed for approval by
Developer and City in accord with the notice and hearing procedures of Eagle City Code. In the event that
impact fees are implemented in connection with police service, Developer shall receive a credit against
such impact fees equal to that portion of the Police Fees paid for capital improvements (as defined in Idaho
Code ~ 67-8203).
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 26
b) Fire and Emergency Services. Fire and emergency services are now provided
to City by Eagle Fire District and Star Fire District (individually, the "Fire District" and collectively, the "Fire
Districts"). Unless City becomes the entity responsible, City shall not be obligated to provide fire services
to the Property. Fire water flows shall be provided by the Water System and all fire protection
infrastructure will be designed and constructed in conjunction with each Fire District and in accord with all
applicable governmental regulations and adopted uniform fire codes. Hydrant locations will be determined
following consideration of, without limitation, accessibility, obstructions, building proximity, driveway
entrances, signs and light poles. Developer, in consultation with the Fire Districts, and prior to submittal of
a Final Development Plan in connection with the first Planning Unit Master Plan or portion thereof, shall
develop a wildfire management plan for implementation within such Fire Districts. Following annexation,
Developer shall contribute 1 site (not to exceed 1 acre of land per site and in addition to the fire station site
combined with the police station site referenced in paragraph 2.5(a) above) for construction of the fire
station in accordance with the Master Parks, Trails and Public Facilities Plan, attached as Exhibit K, which
defines a general location. The final location is subject to Developer, applicable Fire District and Sheriff
approval. Such fire station shall be identified on the Final Development Plan in connection with the
applicable Planning Unit Master Plan or portion thereof. Developer shall cooperate with City and the Fire
Districts in determining Developer's proportionate share of funds in connection with construction of such
site, facility equipment, personnel and operations, not to exceed $1,000,000.00 unless Developer's
proportionate share exceeds such monetary amount said additional amount shall also be paid by
Developer (the "Fire Fees"); provided however, City and Developer acknowledge and agree that such Fire
Fees paid in connection with non-capital improvements are intended to be and shall be a one-time
payment meant to cover that initial period of time when ad valorem taxes have not yet been collected to
cover the costs of such non-capital improvements. Any contribution by Developer shall be contingent
upon: (i) review and approval of construction budgets; (ii) 180 days notice provided to Developer by City or
Fire District(s); and (iii) evidence that the demand for such facility is based upon the demand created by
the Project. Such buildings shall be designed to be consistent with the requirements necessary to provide
service to the Project. Design of the facility shall be consistent with the EASD and the Design Guidelines,
and shall be reviewed for approval by Developer and City in accord with the notice and hearing procedures
of Eagle City Code. In the event that impact fees are implemented in connection with fire service,
Developer shall receive a credit against such impact fees equal to that portion of the Fire Fees paid for
capital improvements (as defined in Idaho Code ~ 67-8203).
c) Schools. Public education is provided by the School District. City shall not be
obligated to provide public education service to the Property. Developer has, and shall continue to work
diligently with School District to ensure that the educational needs of Property residents are met. In
furtherance of meeting educational needs, Developer may participate with School District in enhancing the
technology in one or more schools constructed by School District on the Property. Developer generally
has identified potential school sites within the Project, as depicted on the Master Parks, Trails and Public
Facilities Plan, attached as Exhibit K, to accommodate the needs of students generated as a result of the
development of the Property using School District's student generation rates to determine the probable
number of sites. The specific location, specific number of school sites and types of schools (i.e.,
elementary, middle and high schools) will be subject to approval by Developer and School District. The
school sites will be shown as being dedicated to School District on an applicable Planning Unit Master Plan
by Planning Unit Master Plan basis.
Following annexation, Developer shall use good faith efforts to enter into an agreement with School
District to contribute the necessary school sites to School District to accommodate for the development of
schools in accordance with the Master Public Facilities Plan and applicable Planning Unit Master Plan.
Developer shall coordinate a demographic study with School District to determine the demonstrated need
for a school site caused by students generated from households within the Property. Developer shall
contribute the school sites pursuant to the findings of such demographic study. Provided such a need is
demonstrated and that such school site would predominantly serve students generated from the Property,
Developer shall offer a site (or sites) for donation to School District on a free and clear basis in the
appropriate number of acres, typical for a particular type of school (e.g., high school, middle school or
grade school) and utilities stubbed to the site to accommodate the development of the type of public
school planned. The site or sites shall contain the acreage needed to locate a public school or schools
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 27
2.7 Planning Unit Master Environmental Design Plan.
(a)Landscape.All development of the Property shall be landscaped and meet or
exceed the landscape requirements in the PUD Standards and/or Design Guidelines and shall,if
necessary,include a threatened or endangered plant relocation program and revegetation guidelines.A
landscape plant list shall be included in the Design Guidelines.Developer shall identify an Owners'
Association or other entity to accept the ownership and maintenance of landscaping and irrigation systems.
All Landscape guidelines shall be reviewed and approved by the Eagle Design Review Board prior to
adoption by the City of Eagle.
(b)Signage.Signage shall be coordinated throughout the entire Property,with
different areas within a Planning Unit potentially having particular signage themes.These areas may
include urban,mixed-use entertainment areas,employment and commercial areas,parks and recreation
areas,residential villages,residential hillsides,resort areas,pathways and trails,public and private
roadways,and areas for temporary directional signage.Although there may be individual signage themes
within different areas of the Property,continuity in appearance shall be recognizable through the use of
color,material,form and character.All signage design shall conform to the regulations and procedures
contained in the PUD Standards and/or the Design GUidelines.All Sign Standards shall be reviewed and
approved by the Eagle Design Review Board prior to adoption by the City of Eagle.
(c)Lighting.A Lighting Plan shall incorporate "Dark Sky"design principles to
reduce excessive light levels,light trespass and glare and to promote dark skies,to the extent possible.
Lighting criteria will be established through the Design Guidelines.All lighting standards shall be
reviewed and approved by the Eagle Design Review Board prior to adoption by the City of Eagle.
(d)Habitat Mitigation Plan.A Habitat Mitigation Plan that addresses development
within Constrained Lands,as generally identified on Exhibit M as Habitat Areas of Special Concern,shall
be prepared by Developer in cooperation with City.The Habitat Mitigation Plan shall identify areas where
Mitigation is required,the type of Mitigation actions,if any,required,and the rationale for such actions.
City and Developer may coordinate,cooperate,and consult with other agencies in the development and
review of the Habitat Mitigation Plan,but approval authority for the Habitat Mitigation Plan shall rest solely
with City based on standards commensurate with such Habitat Mitigation Plan(s)and based on findings
that demonstrate a rational nexus.Nothing in the Habitat Mitigation Plan may be construed as either
incorporating state and/or federal standards and/or regulations that are not applicable to the Property or
otherwise conferring any approval authority for the Habitat Mitigation Plan to any state or federal agency.
The Habitat Mitigation Plan shall be submitted to City prior to Developer's submission to City of the first
Planning Unit Master Plan.Implementation of such Habitat Mitigation Plan shall be on a Planning Unit by
Planning Unit basis.The Pre-Mitigation Density for any Planning Area shall not be increased until such
Mitigation Plans are approved.
2.8 Construction.To the extent Developer develops the Property,the Parties shall have the
right and the obligation,at any time after the commencement of the Extension Term,to dedicate land,
subject to City's or other applicable governmental jurisdiction's acceptance,and/or construct or cause to
be constructed and installed any or all portions of the Public Infrastructure that relates to the segments of
the Property developed by Developer.All such construction performed by Developer shall be performed
to minimize disturbance to native and existing plant cover outside of areas being developed.Developer
shall comply with all applicable requirements,standards,codes,rules,or regulations of City and in
compliance with all applicable permit requirements,standards,codes,rules or regulations of:(a)the
State of Idaho;(b)the United States of America;and (c)other applicable governmental agencies.
Developer shall have the right,upon receipt from City (or other applicable governmental jurisdiction,as
may be applicable)of an appropriate encroachment permit,to enter and remain upon and cross over any
City-held (or other applicable governmental jurisdiction,as may be applicable)easements or rights-of-way
to the extent reasonably necessary to facilitate such construction,or to perform necessary maintenance
or repairs of such Public Infrastructure,provided that Developer's use of such easements and rights-of-
way shall not impede or adversely affect City's use and enjoyment thereof and provided that Developer
shall substantially restore such easements and rights-of-way to their condition prior to Developer's entry
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT -30
Design Review Board prior to review by the P & Z Commission and approved by the City Council in
accord with the notice and hearing procedures of Eagle City Code. Such Design Guidelines may be
reviewed and approved separately or in connection with the Final Development Plan for the first Planning
Unit or portion thereof. Upon approval, this Agreement shall be amended to include the Design
Guidelines, as approved. In the event of any conflicts between the Design Guidelines and the EASD
and/or City Code, Section 8-2A-5, the Design Guidelines shall prevail. In the event that City fails to
approve the Design Guidelines then Developer shall have the right to develop the Property in accordance
with the adopted EASD or City Code, Section 8-2A-5, as may be amended from time to time.
5. COOPERATION AND ALTERNATIVE DISPUTE RESOLUTION.
5.1 Compliance Reviews. As long as Developer owns any of the Property, Developer's
Representative shall meet with City's Representative at least once per year during the Term, to review
development completed in the prior year and the development anticipated to be commenced or
completed in the ensuing year. Developer shall be required to provide City with such information as may
reasonably be requested including: acreage of the Property sold in the prior year; acreage of the
Property under contract; the number of certificates of occupancy issued in the prior year; the number of
certificates of occupancy anticipated to be issued in the ensuing year; and Development Rights allocated
in the prior year and anticipated to be allocated in the ensuing year.
5.2 Agreement to Cooperate. In the event of any legal or equitable action or other
proceeding instituted by a third-party or other governmental entity or official challenging the validity of any
provision of this Agreement, the Parties hereby agree to cooperate in defending such action or
proceeding. City and Developer may agree to select mutually agreeable legal counsel to defend such
action or proceeding with the parties sharing equally in the cost of such joint counsel, or each party may
select its own legal counsel at each party's expense. All other costs of such defense(s) shall be shared
equally by the parties. Each party shall retain the right to pursue its own independent legal defense.
5.3 Default. Failure or unreasonable delay by either Party to perform or otherwise act in
accordance with any term or provision of this Agreement for a period of 30 days following written notice
thereof from the other Party (the "Cure Period"), shall constitute a default under this Agreement;
provided, however, that if the failure or delay is such that more than 30 days would reasonably be
required to perform such action or comply with any term or provision hereof, then such Party shall have
such additional time as may be reasonably necessary to perform or comply so long as such Party
commences performance or compliance within such 30-day period and diligently proceeds to complete
such performance or fulfill such obligation (the "Extended Cure Period"). The written notice provided for
above shall specify the nature of the alleged default and the manner in which said default may be
satisfactorily cured, if possible. In the event a default of Developer is not cured within the Cure Period or
the Extended Cure Period, if applicable, the zoning of that portion of the Property related to such default
shall convert to the A-R (Agricultural-Residential) zoning designation. In the event a default of City is not
cured within the Cure Period or the Extended Cure Period, if applicable, upon written notice from
Developer, City shall take all steps to immediately de-annex the Property and this Agreement shall
automatically terminate.
5.4 Dispute Resolution/Remedies.
a) Process. Notwithstanding anything to the contrary herein, if an event of default
is not cured within the Cure Period or the Extended Cure Period, if applicable, the non-defaulting Party
may initiate the process by providing written notice initiating the process to the alleged defaulting Party.
Within 15 days after delivery of such notice, each Party shall appoint one person to act as mediator on
behalf of such Party and notify the other Party. Within 15 days after delivery of such notice, the persons
appointed shall themselves appoint one person to serve as the sole mediator. The mediator shall set the
time and place of the mediation hearing and shall give reasonable notice of the hearing to the Parties. The
Parties may agree to hold the hearing by telephone.
PRE-ANNEXATION AND DEVELOPMENT AGREEMENT - 34
Eagle community will be located within the Planning Area to meet the housing demands of employees
who work there. This housing location will encourage walking to and from work, as well as shorter vehicle
trips, further reducing traffic.
Desion
The Big Gulch Planning Area will have an urban feel at the neighborhood centers with appropriate
landscape, monumentation, signage and place-making features integrated into the design of the area.
Housing, commercial/office uses, roadways and landscape will tend to be arranged in formal patterns with
tree-lined boulevards and pedestrian scale amenities. Buildings along the main arterial roadway may be
close to the roadways to create pedestrian-friendly areas with sidewalks, street trees and benches.
Shared surface parking areas and parking garages will be encouraged at the sides and rear of buildings
or within building clusters, to reduce large areas of paving. On-street parking will be provided where
sufficient right-of-way exists. The architectural character will create an interesting visual experience as
one travels through the community.
The central neighborhood center will be designed using a main street concept, with an 8-acre community
park around which the highest density of commercial and residential development will be located. This
area will have businesses, restaurants, civic uses and possibly residential lofts fronting out onto the
central park. Parking will be located at the interior of the parcels to create a pedestrian-friendly
environment. The central boulevard will split into 2 two-lane roadways through this area.
BIG GULCH AREA 636 AC.
1,891 UNITS, 2.97 DUlAC.
500 RESORT-HOTEL ROOMS
100 AC. COMMERCIAL
167 AC. COMMUNITY
OPEN SPACE = 26.3%
II/ustration of the planned uses within the Big Gulch Planning Area. This area will serve not only
M3 Eagle but other areas within the greater foothills and help reduce vehicle trips leaving the area.
EXHIBIT F1 - 2
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EAGLE - PHASE 5
Years 18-20
Summary Narrative
Phase 5 encompasses a small portion of the Northern Residential Planning Area, the eastern half of the
Southern Residential Planning Area and the easternmost portion of the Big Gulch Planning Area. This
phase also contains the southern third of the Highway/Mixed Use Planning Area which is planned for an
office park. This phase is planned to contain all single family units with the Southern Planning Area
comprised of estate type custom lot neighborhoods. One elementary school and one high school will be
needed in this phase with the location subject to the review and approval of the School District. The high
school will share the same site as the middle school built in Phase 4. Infrastructure improvements
include collector roads and a municipal water well. Amenities consist of 60 acres of Community Open
Space including community and neighborhood parks, the completion of the Big Gulch linear Open Space,
and other natural and improved Open Space. This phase will also contain the site for a public equestrian
center along Willow Creek Road.
Land Uses
Total Acreage: 989
Single Family Detached Units: 281
Single Family Attached Units: 0
Multi-Family Units: 0
Total Units: 281
Retail Space: 200,000 s.f.
Office Space: 150,000 s.f.
Total Commercial: 350,000 s.f.
Schools:1 elementary school and 1 high school (high school to be located with the middle
school in the Phase 4 area)
Parks/Open Space:60 acres of community open space consisting of 50 acres of improved open
space (2 community parks, 1 neighborhood park, the Big Gulch linear open
space, and trails) and 10 acres of natural open space
Other:A public equestrian center site
Cumulative Area:6,005 acres
Cumulative Units:7,153 units
Cumulative Commercial:1,195,000 s.t.
Cumulative Open Space:2,402 acres
Cumulative Open Space as a % of Total Area: 40%
EXHIBIT H - 25
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