Development Agreement - 2016 - Amended & Restated Lanewood Sub No. 1 And 2 - 1/21/2016Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D Rich 2016-008962
BOISE IDAHO Pgs=25 BONNIE 02101/2016 03:42 PM
EAGLE CIN NO FEE
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00190013201600009620260250
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated 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 Smith Brighton, Inc. ("Owner"). Upon recordation of this Development
Agreement, that certain Development Agreement, recorded in the real property records of Ada County,
Idaho, on April 10, 2014, as instrument number 114026828 (the "Original Development Agreement"
[Rezone Application No. RZ-03-12]) shall be void and of no further force or effect.
WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately
110.69 -acres generally located at the northwest corner of North Linder Road and West Floating Feather
Road, Ada County Parcels #SO402449200, 4SO402436004, and #SO402427815 ("Property"), as
specifically defined in the attached legal description (Exhibit A), and shown on the Concept Plan (Exhibit
B), which is the subject of applications for rezone identified as Rezone Application Nos. RZ-03-12 and.
RZ-04-13; and
WHEREAS, Rezone Application Nos. RZ-03-12 and. RZ-04-13 are associated with residential
subdi%-isions known as Lanewood Subdivision No. 1 and Lanewood Subdivision No. 2 respectively; and
WHEREAS, Lanewood Subdivision No. I and Lanewood Subdivision No. 2 will be developed as
a combined development, therefore, Owner desires to combine the Conditions of Development for Rezone
Application Nos. RZ-03-12 and RZ-04-13, into a single Development Agreement to be executed by Eagle
and Owner; and
WHEREAS, the proposed development includes properties within an area currently zoned R -3 -
DA -P (Residential with a development agreement — PUD) and RUT (Rural -Urban Transition — Ada
County designation); and
WHEREAS, the Owner desires a R -3 -DA -P (Residential — up to three (3) units per acre with a
development agreement — PUD) zoning classification to develop a 248 -lot (222 buildable, 26 common)
residential subdivision (known as Lanewood Subdivision) on the above described property, which is herein
referred to as the "Property'; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any residential project upon the Property must be Iimited with the use of a development
agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and
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0 WHEREAS, the intent of this Amended and Restated 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 -3 -DA -P (Residential — up to three (3)
units per acre with a development agreement — PUD) zoning designation for the Property with the
requirements set forth in this Development Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
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
f Section 67-6511 A and Eagle City Code, Title 8, Chapter 10.
ARTICLE 11
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R -3 -DA -P (Residential — up to three (3) units per acre with a development
agreement — PUD), 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 The maximum density for the Property shall be 2.00 dwelling units per acre (222 single-family lots).
3.2 Owner will develop the Property subject to the conditions and Iimitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design review,
preliminary and final plat reviews, andlor 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.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
O 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.
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3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit E). All other fencing (i.e. cedar fencing and chainlink) shall be prohibited.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit "D".
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 structure 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 substantially conform to the design
requirements as shown on the Exhibit "D". if a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-I.
3.6 Lot 5, Block 4 and Lot 3, Block 5 (Lanewood Subdivision No. 1) shall be recognized as Buildable
with Non -Build Agreement lots (`Lots") to be re -platted with a future development (Lanewood
Subdivision No. 2). The required Design Review application for the development shall include the
Lots shown as common open space lots and landscaped as required pursuant to Eagle City Code.
The Owner shall not be required to landscape the Lots provided the Lots are actively farmed. Upon
the cessation of the farming operation for more than 9 months or the adjacent property to the west is
sold to another party, whichever occurs first, the Owner shall have 180 -days to construct the
required landscape improvements on the Lots. Should the Lots be re -platted, Owner shall maintain
the Lots in an attractive manner including, but not limited to weed control, mowing, irrigating,
fertilization and maintenance of any landscaping on the Lots, until such time the Lots are developed.
The Owner shall provide a letter of credit, to be maintained as the City as its beneficiary in the
amount of 150% of the cost of landscaping improvements for the Lots prior to the City Clerk
signing the first final plat. Such letter of credit shall not be terminated nor lapse without the prior
written approval of the City of Eagle.
3.7 Final plat applications submitted in compliance with the approved preliminary plat phasing plan
shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years
following the approval of the preliminary plat for the first phase or after the recordation of the
preceding final plat for subsequent phases. (Such final plat applications shall be considered for final
approval without resubmission of the preliminary plat for approval). Any final plat shall be recorded
within two (2) years following Eagle City Council action on the final plat; provided however, Eagle
City Council may approve the extension of such two (2) year period, which approval shall not be
unreasonably withheld, for a period of time not to exceed two (2) years to facilitate the completion of
improvements required by the applicable sections of Eagle City Code. As part of its consideration to
extend the time frame in this Section, Eagle City Council may require applicant to adhere to
subdivision ordinances and resolutions in effect at the time the extension is requested.
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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 67-6511 A 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.
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
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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 Cade 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
Owner: Smith Brighton, Inc.
Attn: David Turnbull
12601 W. Explorer Drive, Suite 200
Boise, ID 83713
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
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and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the
deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit,
and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then
following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial
assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the
amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a
letter of credit),the Owner shall replenish the financial assurance and shall become current as to all
outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to
the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the
Financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the project;
E. Withhold reimbursement of Project surety?financial guarantee of performance collected pursuant
to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy available
at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 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 I I day of ::9
016.
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K IPl"ng DepOEagle Applications,Preliminary Development Pbms�201314newood Sub No 1 end 2 da cc fnl ver doc
atirr,aaaru,aa� ,
EAGLE
0 GSIV 16 11,
A, 01LA
04 �� CITY OF EAGLE, a municipal corporation organized
v �4,ti and ' in under he 41awsohe State of Idaho
•. IL
By.
Stan Ridgeway, Ma
ATTEST:
, :X a::3" 1!!�: V P
Sharon K. Bergmann, City Clerk
STATE OF IDA140
. ss.
Smit] ghton, Inc.
a d Turnbull, Preside t
County of Ada )
On this Aday of T/ ul�i , 2016, before the undersigned notary public in and for
the said state, personally appeared DAVID W. URNBULL, known or identified to me to be the President
of Smith Brighton, Inc., owners of the property referenced herein and the persons who executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereuntoyet my hand and seal the day and year first above
written.
No ary Public fo ho
AMANDA MCCURRY Residing at: �• ti�
NOTARY PUBLIC My Commission Expires:_Y 5 ZG '7
STATE OF IDAHO T
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INDEX OF EXHIBITS
A - Legal Description
B Concept Plan
C - Affidavit of Owner
D - Building Elevations
E - Proposed Exterior Fencing Plan
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EXHIBIT "A"
REVISED DESCRIPTION FOR
OVERALL LANEWOOD SUBDIVISION PROPERTY
A parcel of land located in the SE 114 of Section 2, Township 4 North, Range 1
West, Boise Meridian, Eagle, Ada County, Idaho more particularly described as
follows:
BEGINNING at the SE corner of said Section 2 from which the S114 corner of
said Section 2 bears North 89019'36" West, 2644.52 feet;
thence along the South boundary line of said Section 2 North 89019'36" West,
1882.93 feet;
thence leaving said South boundary line North 00°40'24" East, 30.00 feet to a
point on the northerly right-of-way line of W. Floating Feather Road;
thence along said northerly right-of-way line the following 4 courses and
distances:
thence North 89"19'36" West, 150.00 feet;
thence 3664.74 feet along the arc of a curve to the right, said curve having a
radius of 400.00 feet, a central angle of 52°14'42" and a long chord of 352.23 feet
which bears North 63°12'15" West;
thence North 37004'54" West, 254.42 feet;
thence 181.89 feet along the arc of a curve to the left, said curve having a
radius of 460.00 feet, a central angle of 22"39'18" and a long chord of 180.70 feet
which bears North 48°24'33" West to a point on the North-South centerline of said
Section 2;
thence along said North-South centerline North 01 °00'54" East, 843.24 feet to
the Southwest corner of that parcel of land as shown on Record of Survey No. 6581 of
Ada County Records;
thence along the exterior boundary line of that parcel of land as shown on
Record of Survey No. 6581 for the following 8 courses and distances:
thence leaving said North-South centerline South 89°40'56" East, 89.61 feet;
thence North 30042'04"
East, 203.10 feet;
thence North 66°45'04"
East, 202.00 feet;
thence North 82024'04"
East, 120.83 feet;
thence North 32012'04"
East, 123.58 feet;
thence North 05036'04"
East, 169.00 feet;
thence North 29002'54"
West, 208.77 feet;
thence South 86°52'06" West, 467.96 feet to a point on the North-South
centerline of said Section 2;
thence along said North-South centerline North 01 000'54" East, 608.55 feet to
the C114 corner of said Section 2;
thence along the East-West centerline of said Section 2 South 89°16'02" East,
1,319.88 feet to the C -E1116 corner of said Section 2;
thence along the East boundary line of the NW 114 of the SE 1/4 of said Section
2 South 00057'50" West, 1,327.34 feet to the SEI/16 corner of said Section 2;
thence along the North Boundary line of the SE 114 of the SE 114 of said
Section 2 South 89017'49" East, 1321.07 feet to the S1116 corner of said Section 2;
thence along the East boundary line of said Section 2 South 00°54'45" West,
1,326.65 feet to the POINT OF BEGINNING. Containing 110.95 acres, more or less.
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LANEWOOD SUBDIVISION
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EXHIBIT "C"
Affidavit of DAVID W. TURNBULL on behalf of Smith Brighton, Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
DAVID W. TURNBULL, who being first duly sworn under oath, deposes and says:
1. 1 am DAVID W. TURNBULL, who is the President of Smith Brighton, Inc., whose mailing
address is 12601 West Explorer Drive, Suite 200, Boise, 1D, 83713 ("Smith Brighton,
2. Smith Brighton, Inc., is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Smith Brighton, Inc, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions se�t orth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the Z1d"ay of , iNuA , 2016, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and David W. Turnbull, Smith
Brighton, Inc. (the "Agreement").
DATED this eday of cAZVJjAJJLL , 2016.
By: Smith Brighton, Inc.
W!Turnbull,
e7 nil"
SUBSCRIBED AND SWORN to before and this day of'�1 , 2016.
r- 1�, I j I ri ?"e r 1 9
Nothry Public for aho
AMANDA MCCURRY Residing at ,Z ,Idaho
NOTARY PUBLIC My Commission expiresY.11-5/7,411-7
STATE OF IDAHO
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