Development Agreement - 2016 - Stillwater Subdivision Amended & Restated - 11/21/2016ADA COUNTY RECORDER Christopher D. Rich 2016.112984
BOISE IDAHO Pgs=33 LISA BATT 11/21/2016 03:18 PM
EAGLE CITY ( NO FEE
II I II I III 11111 I 111
Recording Requested By and 00300993201801129840330330
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated 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 ("Eagle"), and ELI PRICE DEVELOPMENT, LLC, ("Owner"). Upon
recordation of this Development Agreement, that certain Development Agreement recorded in the real
property records of Ada County, Idaho, on January 28, 2010, as instrument number 110008343 (the
"Original Development Agreement") shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 39.7
acres generally located on the south side of State Highway 44 at the southwest corner of West State Street
and State Highway 44, Ada County Parcels #S0507438420, S0507346900, S0507346970, and
S0518212502 ("Property"), as specifically defined in the attached legal description (Exhibit A), and shown
on the Concept Plan (Exhibit B), which is the subject of an application for Rezone identified as Rezone
Application No. RZ-07-15; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Business Park and zoned BP -DA (Business Park with a development agreement)
and subsequently the Land Use Map designation was amended to Mixed Use and Property was approved
to be rezoned to MU -DA (Mixed Use with a development agreement); and
WHEREAS, Owner desires a Mixed Use zoning classification to develop the Property with a 94 -
lot (72 -buildable, 12 -commercial [22 -residential condominium units located above commercial buildings],
10 -common) subdivision use as generally shown on the Concept Plan (Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any residential/commercial
project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony
with, the existing community; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, Owner have agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the MU -DA (Mixed Use with a development
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agreement) zoning designation for the Property with the requirements set forth in this Amended and
Restated Development Agreement; and
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this Development Agreement, are
to be used in lieu of the PUD and conditional use process; and
WHEREAS, Owner have provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed
as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A 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 ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Applicant 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. 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.
However, the residential portion of this development proposal is recognized by Eagle and Owner as
a desired component to a mixed use development. A residential component of similar size and area
to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
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3.3 Owner shall provide a Habitat Analysis that updates the Environmental Impact Assessment report
consistent with the Environmental Conservation Services, Inc. letter, date stamped by the City on
October 12, 2015. The Habitat Analysis shall identify any mitigation measures needed for the site.
The Habitat Analysis shall be reviewed and approved by staff and the City's environmental consultant
prior to submittal of a final plat application.
3.4 The total number of residential units on the Property shall not exceed 94 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.
3.5 The Setbacks shall be as follows (Product Type Exhibit I):
Patio Product Block 1
Front: 15 -feet living space / 20 -feet garage
Rear: 15 -feet
Interior Side: 5 -feet for all stories with 1 -foot encroachment allowance for fireplaces
(as shown on the Encroachment Easement Exhibit G)
Street Side: 15 -feet
Maximum Lot Coverage: 60%
Cottage Product (Blocks 2 & 3) (Rear -loaded garage)
Front: 15 -feet
Rear: 10 -feet
Interior Side: 5 -feet all stories with 1 -foot encroachment allowance for fireplaces (as
shown on the Encroachment Easement Exhibit G)
Street Side: 10 -feet
Maximum Lot Coverage: 60%
Townhome Product Block 4) and Live/Work Product (Block 5) (Rear -loaded garage)
Front: 15 -feet
Rear: 10 -feet
Interior Side: 0 -feet
Interior Side on Common Area: 0 -feet
Street Side: 5 -feet for all stories
Maximum Lot Coverage: 75%
Flex/Commercial/Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage 100% (Commercial)
75% (Flex Lot)
3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42 -feet
in height as shown on the submitted building elevation (Exhibit F).
3.7 The Commercial and Flex Lot area of the Property as depicted on the Concept Plan is to be developed
with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-
3 "Official Schedule of District Regulations" under the MU zoning designation (except as permitted
in Section 3.8, below). The Commercial and Flex area shall be limited to a maximum of 125,000 -
square feet of enclosed area (i.e., enclosed with walls and roof). No commercial building footprint
shall exceed 13,000 -square feet of enclosed area (i.e., enclosed with walls and roof).
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3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing
at the time a design review application or conditional use permit application (whichever the case may
be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses
on the Property:
■ Childcare
o Daycare Center
■ Commercial Entertainment Facility (Indoor)
■ Dwelling (Multi -Family)
■ Dwelling (Single -Family)
■ Microbrewery
■ Retail Sales (General)
■ Retail Sales (Limited)
■ Winery
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies/Stables;
■ Small Engine Repair;
■ Storage (fenced area);
In addition the (Automotive Gas Station or Fuel Islands) and Restaurants (with drive thru) use (shown
on the Flex Lot) and Lot 6 Block 2 as shown on the preliminary plat for Stillwater Subdivision date
stamped by the City on December 8, 2015), which is prohibited within said section of Eagle City
Code and on the entire Property, as noted above shall be permitted.
3.8.1 If a building with a drive-through use is approved Owner shall provide a minimum forty-
eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-thru lanes and the adjacent roadway to
reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and
vehicle cueing).
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3.9 The "Flex" area as identified on the Concept Plan may be permitted to contain a Convenience Store
with Fuel Station, Coffee Shop (with drive-through) and an Automotive Washing Facility with the
following minimum conditions to be included in the approval:
3.9.1 The convenience store associated with the fuel station shall be orientated with the rear of the
building located parallel to State Highway 44 to provide screening of the fuel canopy from
view from State Highway 44.
3.9.2 The fuel canopy shall be architecturally compatible with the commercial buildings located
within the development. The proposed architecture of the fuel canopy shall be reviewed and
approved by the Design Review Board prior to issuance of a Zoning Certificate.
3.9.3 The fuel canopy or signage contained with the fuel canopy shall not be internally
illuminated.
3.9.4 Any vacuum units associated with an Automotive Washing Facility shall be screened from
view and shall not be located adjacent to any residential unit.
3.10 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, parking lots, and amenities. The owner shall provide
an operation and maintenance manual 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 ant 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 three -rail -type wooden decorative
fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) A requirement for the placement of street trees located behind the attached sidewalks.
(d) All single-family residential structures shall require Architectural Control Committee (ACC)
approval prior to the issuance of any building permits to assure that the homes are designed to be
compatible and consistent with the "Northwestern" theme of the development.
(e) A requirement that In the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs 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&Rs unlawful, then in such event that portion shall be deemed to be amended to
comply with the applicable rule, regulation, law or ordinance.
3.11 Owner shall work with the Eagle Sewer District and submit a Lot Line Adjustment application to
include the sidewalk area currently located in the Eagle Sewer District property to the east of the site.
If the Lot Line Adjustment is achieved then the Lot Line Adjustment shall be reviewed and approved
by staff and the City Engineer and an approved Record -of -Survey shall be recorded prior to submittal
of a final plat application.
3.12 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential and commercial uses. A letter of approval
shall be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
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3.13 The development shall incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the
issuance of a Zoning Certificate.
3.14 The single-family dwellings shall be constructed utilizing "Northwestern" style architecture as shown
on Exhibit D. The commercial/retail buildings, live/work residential units, townhouses, and pool
house shall be constructed utilizing "Northwestern" style architecture as shown on Exhibit E. Eagle
Design Review Board approval of the detailed architectural plans for the development is required
prior to the issuance of building permits for commercial/retail buildings, live/work residential units,
townhouses, pool house, pumphouse for irrigation, and gazebos.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building 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.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) landscape screening details and buffering for the residential units
adjacent to East Old Valley Street 4) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if
proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground
equipment (tot lot amenities), gazebos, bike racks, and/or similar amenities, 7) design of ponds to be
constructed in reference to mosquito abatement. The design review application shall be reviewed and
approved by the Eagle Design Review Board prior to the submittal of the first final plat.
3.16 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal
of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory
Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior
to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal
plan and replacement plan.
3.17 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas (unless approved for removal by the Design Review
Board) shall be provided for Design Review Board approval prior to the submittal of a final plat.
3.18 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Applicant agrees all development and improvement of the
Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal
of a final plat application.
3.19 Provide written approval from the Boise River Flood Control District No. 10 prior to submitting a
final plat application.
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3.20 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the
Flood Insurance Rate Map (FIRM) associated with the site.
3.21 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, minimum ten foot (10') wide public pathways, improved with a crushed material along the
portion of the Property located adjacent to the Boise River and asphalt located adjacent to_State
Highway 44. The pathways shall be constructed concurrently with Phase No. 1 of Stillwater
Subdivision. The specific location and design of the pathways (Exhibit H) shall be approved by the
City of Eagle Park and Pathway Development Commission prior to submittal of a design review
application. The developer shall provide a surety in the form of an irrevocable letter of credit,
certificate of deposit, or cash, in the amount equal to one hundred fifty percent (150%) of the
estimated construction cost of the public pathways to guarantee completion. If the crushed material
public pathway is not paved within 5 years the money provided shall be returned to the developer.
The pathways shall be located in a recorded easement or easements dedicated to and accepted by
Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. Other than any pathways approved by Eagle, development within the
Floodway shall be prohibited.
3.22 Owner shall vacate the 20 -foot wide Eagle Sewer District sewer easement (identified as Ada County
instrument #8313723) located adjacent to the eastern property line prior to submittal of a final plat
application.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be bound
by the provisions set forth in Idaho Code Section 67-6511A 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 Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice
to any other rights or remedies, to cure such default or enjoin such violation and otherwise
enforce the requirements contained in this Development Agreement or to terminate the
Development Agreement following the process established in Eagle City Code Section 8-10-
1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure
or enjoin such default and to enforce the commitments contained in this Development
Agreement, including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required
by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed
within an A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an
ordinance changing the property to the A -R (Agricultural -Residential) zoning designation.
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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 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 Owner 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.
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;
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Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owners: Eli Price Development, LLC
Attn: Corey Elitharp
1540 East Iron Eagle Drive, Suite 120
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, Owners agree 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
Owners an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owners 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 Owners for such fees, adjusting the estimates as appropriate. The Owners shall make
payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a
cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owners is in the form of a letter of credit, and if the Owners fail to make payment for such
fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of
such failure from Eagle, Eagle may draw upon the financial assurance provided by the
Owners. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then
current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of
credit),the Owners shall replenish the financial assurance and 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
Owners 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 Owners fail to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owners, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
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 8.6 of this Development Agreement and 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;
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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 day of d0N( , 2016.
��•••' O �EAC(CITY OF EAGLE, a municipal corporation organized
A''kff� O R A pX •0 and exiaing and a layvs f the State of Idaho
u �•0 j • ? By:
S
P►L� Stan Ridgeway, Mayor
ATTEST: '•,#•.•. tee; :;;f`QQ'�••••.
TE OV ,,�..
Sharon K. Bergmann, City Clerk
Owner:
Eli Price Development, LL
By:
Corey ' arp, ana mg ber
STATE OF IDAHO 1
ss.
County of Ada )
On this olK day of I V 2016, before the undersigned notary public in and for
the said state, personally appeared Corey Elitharp, known or identified to me to be the Managing Member
of Eli Price Development, LLC, owners of the property referenced herein and the persons who executed
the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
Ar
Notary Public r I aho
HEATHER M TAYLOR Residing at:
Notary Public My Commission xpires: J �-
State of Idaho
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INDEX OF EXHIBITS
A - Legal Description
B - Concept Plan
C - Affidavit of Owner
D - Typical Housing Styles
E - Commercial/Retail Buildings, Live/Work Residential Units, Townhouses, and Pool House
Architectural Style
F - Commercial Building Height
G - Encroachment Easement Exhibit
H - Pathways
I - Product Type
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EXHIBIT "A"
In9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930
June 24, 2015
Project No.: 15-022
Stillwater Subdivision
BOUNDARY LEGAL DESCRIPTION
A portion of Government Lot 5 and accretion lands situated in both the Southwest 1/4 of Section 7 and
the Northwest 1/4 of Section 18, and a portion of the Northwest 1/4 of the Southeast 1/4 of said Section
7, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, and being more
particularly described as follows:
Commencing at a found aluminum cap marking the center of said Section 7, which bears N89°25'28"E a
distance of 2,515.42 feet from a found aluminum cap marking the West 1/4 of said Section 7, thence
following the easterly line of the Southwest 1/4 of said Section 7, S01"11'30"W a distance of 1,356.79
feet to a found 5/8 -inch rebar on both the southerly right-of-way line of State Highway 44 and the
easterly boundary line of said Government Lot 5, and being POINT OF BEGINNING 1.
Thence leaving said easterly line and following said southerly line, N89'43'36"E a distance of 428.96 feet
to a point;
Thence leaving said southerly line, S00°16'24"E a distance of 425.00 feet to a point;
Thence S89"43'36"W a distance of 439.83 feet to a point on the easterly line of the Southwest 1/4 of
said Section 7 and the easterly line of said Government Lot 5;
Thence following said easterly lines, S01011'30"W a distance of 847.50 feet to a found brass cap marking
the South 1/4 corner of said Section 7;
Thence leaving said easterly lines, S00°23'02"W a distance of 196.03 feet to a found 5/8 -inch rebar;
Thence S00'26'59"W a distance of 255.51 feet to a point on the high water line of the North bank of the
North channel of the Boise River and herein after referred to as Point "A";
Thence following said high water line the following courses:
1. N37°01'34"W a distance of 131.92 feet to a point;
2. N80"06'44"W a distance of 155.85 feet to a point;
3. N66°17'57"W a distance of 183.91 feet to a point;
4. N57°19'38"W a distance of 83.32 feet to a point;
5. N53026'49"W a distance of 147.52 feet to a point;
6. N46°46'02"W a distance of 42.06 feet to a point;
7. N32`14'27"W a distance of 86.85 feet to a point;
8. N23°07'44"W a distance of 94.52 feet to a point;
9. N26"44'22"W a distance of 10.40 feet to a point on the old meander line;
10. N26°44'22"W a distance of 105.47 feet to a point;
11. N39°26'54"W a distance of 48.00 feet to a point;
Thence leaving said high water line, N43'36'03"E a distance of 89.33 feet to a point;
Thence N00`04'23"W a distance of 146.85 feet to a point;
Thence N89°08'29"E a distance of 100.03 feet to a found 5/8 -inch rebar;
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Thence N01"06'54"E a distance of 839.38 feet to a point on the southerly right-of-way line of said State
Highway 44;
Thence following said southerly line, N89"43'36"E a distance of 638.77 feet to POINT OF BEGINNING 1.
Said parcel contains 27.737 acres, more or less.
TOGETHER WITH:
Beginning at a point previously referred to as Point "A", thence S00°26'59"W a distance of 269.07 feet
to a point on the high water line of the South bank of said North channel of the Boise River and being
POINT OF BEGINNING 2.
Thence leaving said high water line, S00°26'59"W a distance of 97.97 feet to a point on the high water
line of the North bank of the Boise River;
Thence following said high water line the following courses:
1. S89°42'37"W a distance of 1.19 feet to a point;
2. N55°55'50"W a distance of 47.62 feet to a point;
3. N85`20'15"W a distance of 59.07 feet to a point;
4. N74"11'44"W a distance of 122.06 feet to a point;
S. N62010'58"W a distance of 169.74 feet to a point;
6. S74°2743"W a distance of 172.40 feet to a point;
7. N62°32'30"W a distance of 128.84 feet to a point;
8. N53057'38"W a distance of 68.56 feet to a point,
9. N65°38'20"W a distance of 116.61 feet to a point;
10. N58°55'16"W a distance of 161.03 feet to a point;
11. N51°42'38"W a distance of 218.43 feet to a point;
12. N53017'16"W a distance of 187.16 feet to a point;
13. N41°53'55"W a distance of 71.72 feet to a point on the southerly extension of the west line of
said Government Lot 5;
Thence leaving said high water line and following said southerly extension, N01"08'44"E a distance of
327.91 feet to a point on the old meander line and being the Southwest corner of said Government Lot
5;
Thence following the westerly line of said Government Lot 5, N01'08'44"E a distance of 200.60 feet to a
point on the high water line of the South bank of said North channel of the Boise River;
Thence leaving said westerly line and following said southerly line the following courses:
1. 574'18'28"E a distance of 113.95 feet to a point;
2. S80°22'55"E a distance of 105.83 feet to a point;
3. S51"15'54"E a distance of 113.38 feet to a point;
4. S25°51'52"E a distance of 125.05 feet to a point on the old meander line;
5. S25'51'52"E a distance of 14.31 feet to a point;
6. 532`40'47"E a distance of 82.84 feet to a point;
7. S42°42'06"E a distance of 100.50 feet to a point;
8. S71°49'05"E a distance of 79.31 feet to a point;
9. S47°33'23"E a distance of 64.56 feet to a point;
10. S41°38'11"E a distance of 110.12 feet to a point;
PAGE 12
4
11. S41°01'45"E a distance of 49.58 feet to a point;
12. S35°49'36"E a distance of 118.16 feet to a point;
13. S45°50'53"E a distance of 85.89 feet to a point,
14. S48°34'57"E a distance of 121.02 feet to a point;
15. S38°12'23"E a distance of 125.01 feet to a point;
16. S63°37'59"E a distance of 115.10 feet to a point;
17. S30'57'38"E a distance of 95.22 feet to a point;
18. S85"12'09"E a distance of 139.13 feet to a point;
19. S68°18'42"E a distance of 13.01 feet to POINT OF BEGINNING 2.
Said parcel contains 12.000 acres, more or less.
Said description contains a total of 39.737 acres, more or less, and is subject to all easements and/or
rights-of-way of record or implied.
�•2`4.��5
PAGE 13
oop
O
EXHIBIT "C"
Affidavit of COREY ELITHARP on behalf of Eli Price Development, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
COREY ELITHARP, who being first duly sworn under oath, deposes and says:
1. I am COREY ELITHARP, who is the Managing Member of Eli Price Development, LLC,
whose mailing address is 1540 East Iron Eagle Drive, Suite 120, Eagle, ID, 83616 ("Eli
Price Development, LLC").
2. Eli Price Development, LLC, is the fee simple owner of the parcel of real property
described on Exhibit 1, attached hereto (the "Property").
3. Eli Price Development, LLC, authorizes the submission of the Property to certain
Development Agreement pursuant to the provisions set forth in Id ho Code Section 67-
6511A and Eagle City Code Section 8-10-1 dated the Nay of 2016 by
and between the City of Eagle, a municipal corporation in the State of Idaho, and Corey
Elitharp, Eli Price Development, LLC (the "Agreement").
DATED this_Tday of ,.,Sc 2016.
SUBSCRIBED AND SWORN to before
HEATHER M TAYLOR
Notary Public
State of Idaho
By: Eli Price Development, LLC
By:
Core rtharp, Mana ' g ber
Residing at--ZI
My Commission
of Nuvwzr 2016.
Page 1 of 1
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ENGINEERS. SURVEYORS. PLANNER'.
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PHONE(208)639-6939
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DATE: 10-12-2015
PROJECT: 15-022
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OCT 1 a 2005
LOT LINE
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1 OF 1
LEGEND
STILLWATER SUBDIVISION
EAGLE IDAHO
PRODUCT TYPE EXHIBIT
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