Mou/Moa - 2016 - Boise City - Area Of Impact Transfer Agreement For Head Of Eagle Island - 7/19/2016Mp" To CATY CLERK
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EAGLE ISLAND AREA OF IMPACT TRANSFER AGREEMENT
BETWEEN THE CITY OF EAGLE AND THE CITY OF BOISE
THIS AGREEMENT ("AGREEMENT") is effective on the date last executed below
by and between the City of Eagle ("Eagle") and the City of Boise ("Boise").
RECITALS
WHEREAS, Eagle is a duly organized and existing municipal corporation of the State
of Idaho, located in Ada County, Idaho;
WHEREAS, Boise is a duly organized and existing municipal corporation of the State
of Idaho, located in Ada County, Idaho; and
WHEREAS, a Developer has proposed a development project, identified in Exhibit
"A" and described as the "Property", located on Eagle Island in an area within the City of
Boise Area of Impact but directly adjacent to the incorporated City limits of the City of
Eagle; and
WHEREAS, the Developer is requesting a comprehensive plan amendment,
annexation, and rezone with a development agreement for inclusion into the City of Eagle;
and
WHEREAS, there are no roadway connections from Boise across the south channel of
the Boise River to Eagle Island, and all access to the property, including extension of sewer
service would come solely from the jurisdiction of Eagle to the west; and
WHEREAS, Boise operates a waste water treatment plant located directly south of the
Property and would provide sewer service to the Property via the Eagle Sewer District; and
WHEREAS, Boise wishes to provide future residents of the Property notice of
treatment plant location and operation and to reserve an easement across the Property for a
future treatment plant outlet in the north channel of the Boise River; and
WHEREAS, Boise and Eagle agree it is in the best interests of their respective Cities
for the Property to be annexed into the City of Eagle subject to the terms of this Agreement.
F:T"-9:3 u 133
NOW, THEREFORE, it is understood between Eagle and Boise as
follows:
Upon receipt of a complete land use application from the Developer for the Property,
Eagle will move forward with the hearing procedures consistent with the Local Land
Use Planning Act, and Eagle City Code to include the Property in the Eagle
Comprehensive Plan. Eagle agrees to not exceed the land use densities and policies
described with in the Boise Comprehensive Plan as adopted by Boise as of the date of
the completed application. Eagle agrees that any future applications regarding the
Property will also be forwarded to Boise for review and comment.
AGREEMENT BETWEEN CITY OF EAGLE AND CITY OF BOISE
Page 1
2. The CC&R's for the development project shall contain an express acknowledgement
that the Property owners are aware of the existence of the Boise Waste Water
Treatment Plant across the south channel and waive the right to file complaints
regarding odors, noise or other normal operations of the Plant.
3. The requirement set forth in paragraph 2 above will also be provided as a plat note to
this effect.
4. An easement to Boise shall be provided by the Property owner across the Property
from south to north to accommodate the potential for a future treated waste water
outlet in the North Channel of the Boise River. The size and location of the easement
shall be determined by Boise, in consultation with the Developer, in conjunction with
approval of the development project.
Development of the property should be in accordance with the recommendations of
United States Fish and Wildlife Service (USFWS) and the Idaho Department of Fish
and Game (IDFG).
6. Design of the project should be generally consistent with the setbacks and habitat
protections contained in the Boise River System Ordinance.
7. This AGREEMENT constitutes the entire agreement between the parties and
supersedes all other agreements and understandings, written and oral, between the
parties with respect to the subject matter hereof. The parties hereto may, at any time
hereafter, modify or amend this AGREEMENT by a subsequent written agreement
executed by both parties. This AGREEMENT may not, however, be modified or
amended orally, nor shall this AGREEMENT be deemed modified or amended in any
way by any act of either of the parties hereto.
All parties hereto are or have been afforded the opportunity to be represented by
counsel in the course of the negotiations for and the preparation of this
AGREEMENT; accordingly, in all cases, the language of this AGREEMENT will be
construed simply, according to its fair meaning, and not strictly for or against any
ply.
9. No covenant, term or condition, or breach thereof, shall be deemed waived, except by
written consent of the party against whom waiver is claimed, and any waiver of the
breach of any covenant, term or condition shall not be deemed to be a waiver of any
other covenant, term or condition herein or of any future breach of the provision in
question. Acceptance by a party of any performance by another party after the time
the same shall have become due shall not constitute a waiver by the first party of the
breach or default of any such covenant, term or condition unless otherwise expressly
agreed to in writing by the first party.
10. This Agreement may be executed in counterparts and, once so executed by both
parties hereto, each such counterpart shall be deemed to be an original, but all such
counterparts together shall constitute but one agreement.
AGREEMENT BETWEEN CITY OF EAGLE AND CITY OF BOISE
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11. If any provision of this AGREEMENT or its application to any person or
circumstance is held invalid, the remainder of this AGREEMENT or the application
to other persons or circumstances shall not be affected.
12. The Parties represent and warrant that they are authorized to execute this binding
Agreement on behalf of the entities indicated below.
Approved this 19 th day of July, 2016 by the City of Eagle City Council.
CITY OF EAGLE
Stan Ridgeway, May
ATTEST
baron Bergmann, Clerk
Approved this th day of 2016 by the City of Boise City Council.
CITY OF BOISE ATTEST
i er, Mayor i lerk LynLowry
da
AGREEMENT BETWEEN CITY OF EAGLE AND CITY OF BOISE
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