Development Agreement - 2017 - Chaney, James - 3/30/2017Recording 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 2017-032371
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 04/14/2017 09:43 AM
EAGLE CITY NO FEE
1111111 111111111111111111 111 11111111 11111 11111 111
00350524201700323710090088
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
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 James E. Chaney ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 2811 West State
Street, 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-15-16, and
WHEREAS, the proposed development includes properties within an area currently zoned A -R
(Agricultural Residential) and RUT (Rural -Urban Transition — Ada County designation); and
WHEREAS, the Owner desires a MU -DA (Mixed Use with a development agreement) zoning
classification to develop a mixed 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 mixed use 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 MU -DA (Mixed Use with a development
agreement) 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
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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 67-6511A 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, Owner 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 Site Plan (Exhibit B) represents the Owner's current concept for completion of the property.
All future development of the Property will require a detailed concept plan ("Concept Plan").
Owner shall submit the Concept Plan outlining any future development as a modification to the
development agreement prior to or concurrent with any future applications (inclusive of a
residential building permit). The Concept Plan shall provide more detail, including but not limited
to, location of roads (internal collector) within the development, lot layout, lot dimensional
standards, proposed setbacks, location and size of common areas and buffer areas. The City shall
hold necessary public hearings pursuant to Eagle City Code notice requirements to address the
Concept Plan and any changes thereafter proposed to said plan.
3.3 The existing residential dwelling located on the property is recognized as a permitted use.
3.4 Owner shall address all comments provided by the City Engineer regarding the lot line adjustment
(LLA -06-16) and present a mylar ready for signature by the City Clerk prior to the adoption of an
ordinance for annexation and rezone of the Property.
3.5 The existing home may continue the use of the existing well and septic system, however, in the
event the existing well or septic system fail, Owner shall connect to the respective central service
if facilities are available for connection. If central services are not available, Owner shall be
permitted to re -construct the well and/or septic system and utilize said facilities until such time as
central services become available.
3.6 A letter of approval shall be provided to Eagle from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to future
development of the property for uses other than one (1) new single-family residence. Owner shall
provide proof of adequate sewer service for all proposed structures (other than one (1) new single -
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family residence) by causing a letter of approval to be provided to Eagle from the Eagle Sewer
District. Prior to issuance of a building permit for one (1) new single-family residence, Owner shall
provide proof of approval for an adequate septic system by causing a letter of approval to be
provided to Eagle from the Central District Health Department and/or IDEQ. As such time as Eagle
Sewer District facilities are available for connection, the single-family residence shall be required
to connect to said facilities.
3.7 Owner shall be required to provide central water for all future development of the Property for uses
other than one (1) new single-family residence, which shall be allowed to utilize a well for water
service until such time as central services are available.
3.8 Owner shall comply with Eagle City Code Title 10, Flood Control in regard to development within
an Area of Special Flood Hazard (ASFH).
3.9 All access for future development of Property shall be in conformance with the State Street/SH-44
corridor management plan.
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 67-651IA 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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application thereof
to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Development Agreement 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 the 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
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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
Owner, and its 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 Paraaranh 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:
James E. Chaney
2811 West State Street
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
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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.
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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of , 2017.
ATTEST:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO
: ss.
County of Ada
CITY OF EAGLE, a municipal corporation organized and
existing under the laws of the State of Idaho
By:
Stan Ridgeway, Mayor
i*
z SEAL
OF
,,,,,,,,,,,,,,.
OWNER
By:
a'atviel
On this 'fit' day of N1AA,thk , 2017, before the undersigned notary public in and for
the said state, personally appeared JAMES E. CHANEY, known or identified to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary blic for Idaho
Residing at: 5'{21,11, ( D
My Commission Expires: 7,--14•1V)
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pR►1C7IOIMM:4101lel 9233 WEST STATE STREET 1 BOISE, ID 83714 1 208.639.6939 1 FAX 208,639.6930
March 29, 2017
Project No.: 16-039
Legal Description
Ed Chaney
A parcel of land being a portion of Government Lot 4 of 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 brass cap monument marking the Southwest corner of said Section 7, which bears
N89°50'04"W a distance of 2,489.03 feet from a found brass cap monument marking the South 1/4 corner of
said Section 7, thence following the westerly line of said Government Lot 4, N00°32'11"E a distance of
1,269.74 feet to a found aluminum cap monument marking the Northwest corner of said Government Lot 4;
Thence leaving said westerly line and following the northerly line of said Government Lot 4, N89°08'28"E a
distance of 1,184.28 feet to a found aluminum cap monument marking the Northeast corner of said
Government Lot 4;
Thence leaving said northerly line and following the easterly line of said Government Lot 4, S01°08'44"W a
distance of 29.80 feet to a found 5/8 -inch rebar on the southerly right-of-way line of West State Street (S.H.
44) and being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way line and following said easterly line, S01°08'44"W a distance of
1,492.00 feet to a point;
Thence leaving said easterly line, N62°14'20"W a distance of 212.46 feet to a point;
Thence N01°08'44"E a distance of 1,150.00 feet to a set 5/8 -inch rebar;
Thence S89°41'32"W a distance of 5.00 feet to a set 5/8 -inch rebar;
Thence N01°08'44"E a distance of 242.00 feet to a set 5/8 -inch rebar on said southerly right-of-way line;
Thence following said southerly right-of-way line, N89°41'32"E a distance of 195.00 feet to the POINT OF
BEGINNING.
Said parcel contains a total of 6.315 acres, more or less, and is subject to all existing easements and/or rights-
of-way of record or implied.
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Affidavit of JAMES E. CHANEY
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
JAMES E. CHANEY, who being first duly sworn under oath, deposes and says:
1. I am JAMES E. CHANEY, whose mailing address is 2811 West State Street, Eagle, ID,
83616 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1,
attached hereto (the "Property").
3. Owner 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 theO°lday of N44 .2017 by and between the City of Eagle, a municipal corporation in the State
of Idaho, and Owner (the "Agreement").
DATED this 121 day of / A/WA. , 2017.
By: Owner
By:
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SUBSCRIBED AND SWORN to before me this V day of M ikik , 2017.
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