Development Agreement - 2016 - Garrigan Estates No 2 Subdivision - 12/6/2016Recording Requested By and
When Recorded Return to:
City of Eagle ADA COUNTY RECORDER Christopher D. Rich
660 E. Civic Lane BOISE IDAHO Pgs=12 HEATHER LUTHER 2017-002312
CITY OF EAGLE 01/09/2017 04:30 PM
P.O. Box 1520
Eagle, Idaho 83616 11111111111111111111111111111111111111111 NO FEE
00318152201700023120120124
For Recording Purposes Do
Not Write Above This Line
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"), by and through its
Mayor, and George and Leigh Brecht, Inc. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately
15.9 -acres located on the north side of West Homer Road approximately 1,950 -feet west of the intersection
of West Homer Road and North Linder Road, 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-09-15; and
WHEREAS, the proposed development includes properties within an area currently zoned RR
(Rural Residential — Ada County designation); and
WHEREAS, the Owner desires a R -E -DA (Residential -Estates with a development agreement)
zoning classification to develop a residential subdivision use 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 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 -E -DA (Residential -Estates with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
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WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-651 IA 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 Residential Estates District ("R -E -DA"), after recordation of, and subject
to the provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, 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, notice shall be provided as may be required by the City.
3.3 The maximum density for the Property shall be one (1) unit per five (5) acres (three (3) single-family
lots).
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) A maintenance manual for the private street requiring the association(s) shall have the duty to
maintain and operate the private street including repair as is necessary, in perpetuity.
(b) 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
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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.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit 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 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.
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ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the development is
sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
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Owner: George and Leigh Brecht
4830 N. Hawk Wing 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,
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.
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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 c e, 2016.
CITY OF EAGLE, a municipal corporation organized
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STATE OF IDAHO
ss.
County of Ada )
On this day of LP.f'11','Y ' 2016, before the undersigned notary public in and for
the said state, personally appeared GEORGE BRECHT, known or identified to me to be the Owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have here et my hand and seal the day and year first above
written.
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\.. a non po�.,�� Notary Public for Idaho
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STATE OF IDAHO
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County of Ada )
On this & day of , 2016, before the undersigned notary public in and for
the said state, personally appeared LEIGH BRECHT, known or identified to me to be the Owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal t a d year first above
written.
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\\\.•�ra�non •�0� Residinotary g Public for Idah
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EXHIBIT "A"
l
W_&.E DTP SURVEYING, LLC
T Professional Laud Surveyor
S
August 31, 2015
GARRIGAN ESTATES SUBDIVISION NO.2
ANNEXATION DESCRIPTION
208.860-W2
dtpcugh[msn.com
1506 E. Prohasb Ct.
Fag
lc,ll) 83616
Portions of Lots 2, 4, and 5 of Garrigan Estates Subdivision, as same is recorded in Book 78 of
Plats at Page 8320, records of Ada County, Idaho, and a portion of W. Homer Road, located in the SWI/4
of the SEI/4 of Section 26, T. 5N.,RAW., B.M., City of Eagle, Ada County, Idaho, more particularly
described as follows: Commencing at the Southeast corner of said Section 26, from which the South
corner of said Section bears North 88055'11" West, 2642.59 feet; Thence North 88°55'11" West,
2282.84 feet the REAL POINT OF BEGINNING.
Thence South 00"32'58" West, 5.56 feet to the apparent centerline of W. Homer Road;
Thence along the center of W. Homer road North 89°32'43" West, 279.86 feet;
Thence North 00°31'52" East and along the exterior boundary of said Garrigan Estates
Subdivision a distance of 216.54 feet;
Thence North 88'55'13" West, 80.12 feet;
Thence North 00°29'48" East, 1106.26 feet;
Thence South 88°53'17" East, 343.24 feet;
Thence departing said exterior boundary South 00"31'04" West, 201.55 feet;
Thence South 86'26'54" East, 212.59 feet to the most Southerly corner of Said Lot 5;
Thence North 00°36'16" East, 210.59 feet to a point on the North line of said Garrigan Estates
Subdivision;
Thence South 88°53'17" East, 123.30 feet to the Northeast corner of said Garrigan Estates
Subdivision;
Thence along the East line of said Subdivision South 00°32'43" West, 823.45 feet to Point "A";
Thence continuing South 00°32'43" West, 340.91 feet to the Northeast corner of Lot 1 of said
Garrigan Estates Subdivision;
Thence North 88°55'11" West, 318.16 feet to the Northwest corner of said Lot 1;
Thence South 00`32'58" West, 149.44 feet to the Point of Beginning.
EXCEPTING THEREFROM:
Commencing at Point "A" above described; Thence North 89010'56" West, 34.37 feet to the
Southeast corner of Adjusted Lot 4 as shown on Record of Survey No. 7538, Ada County records, said
point being the Real Point of Beginning. Thence around adjusted Lots 3 and 4 as shown on said Record
of Survey the following courses and distances:
North 89010'56" West, 180.79 feet;
South 0003151" West 97.15 feet;
South 47°5631" West, 163.47 feet;
Thence 29.39 feet along the arc of a non -tangent curve to the left, having a radius of 80.00 feet,
a central angle of 21°02'57", and a long chord bearing North 48°23'33" West, 29.23 feet;
Thence 224.64 feet along the arc of a non -tangent curve to the right, having a radius of 400.00
feet, a central angle of 32°10'37", and a long chord bearing North 42°49'51" West, 221.70 feet;
North 68°10'01" East, 194.31 feet;
North 10°23'15" West, 58.35 feet;
North 54026'49" East, 69.02 feet;
North 85°32'01" East, 252.34 feet;
South 00"40'16" West, 167.36 feet to the Point of Beginning.
Containing a net area of 16.00 acres, more or less.
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................ W. HgAER ROAD ..-...........- .
N 883511' W 264259'.........
BASIS OF BE,
CURVE TABLE
CURVE RADIUS LENGTH CHORD BRG CHORD DELTA
C1 80.00' 29.39' N 48'23'33" W 29.23' 21'02'57"
C2 400.00' 224.64' N 42'49'51" W 221.70' 32'10'37"
V; ' .- DTP s V R �i 1`tt � a �YJV 1506 E bdtpeugb@maslcan r C2
Professional Land Surveyor Eagle, ID 83616
I, s
CITY OF EAGLE
ANNEXATION EXHIBIT
PORTIONS. OF JOB NO.
LOTS 2. 4 do 5. BLOCK 1. GARRIGAN 00-000
ESTATES SUBDIVISION AND A SHEET NO
PORTION OF W. HOMER RD. LOCATED 1
IN THE SW 1/4 OF THE SE 1/4 OF
SECTION 26. T.5N.. R.M. B.M., CITY WG. DATI
OF EAGLE, ADA COUNTY, IDAHO 9-01-15
LINE TABLE
LINE
BEARING
LENGTH
L1
N 88'55'13" W
80.12'
L2
S 00'32'58" W
5.56'
L3
S 00'31'51" W
97.15'
L4
N 10'23'15" W
58.35'
L5
N 54'26'49" E
69.02'
CITY OF EAGLE
ANNEXATION EXHIBIT
PORTIONS. OF JOB NO.
LOTS 2. 4 do 5. BLOCK 1. GARRIGAN 00-000
ESTATES SUBDIVISION AND A SHEET NO
PORTION OF W. HOMER RD. LOCATED 1
IN THE SW 1/4 OF THE SE 1/4 OF
SECTION 26. T.5N.. R.M. B.M., CITY WG. DATI
OF EAGLE, ADA COUNTY, IDAHO 9-01-15
EXHIBIT "B"
CONCEPT PLAN
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Affidavit of GEORGE AND LEIGH BRECHT
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
GEORGE AND LEIGH BRECHT, who being first duly sworn under oath, deposes and says:
1. We are George and Leigh Brecht, whose mailing address is 4830 North Hawk Wing
Lane, Eagle, ID, 83616.
2. George and Leigh Brecht are the fee simple owners of the parcel of real property
described on Exhibit 1, attached hereto (the "Property").
3. George and Leigh Brecht authorizes the submission of the Property to certain
Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the _6_ day of &ce,-. 2016 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and George and Leigh Brecht (the "Agreement").
M
DATED this day of , 2016.
By:
eorge Bre ht
By: �r
Leigh Br ht
SUBSCRIBED AND SWORN to before me this day of , 2016.
C11on Do %,
�� `C`a�• -.bpd ,�� Notary Public for Idah
Residing at Idaho
My Commission expies
es
� O
t� •
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