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Development Agreement - 2017 - Valynn Village - 8/18/2017Recording 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 BOISE IDAHO Pgs=15 VICTORIA BAILEY EAGLE CITY 2017-082145 08/31/2017 11:27 AM NO FEE 1111111 II I I II00I403131210II700121114151011111154111111111 III 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 Roth Construction Inc., dba Roth Homes. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 701 West Cowman Court, 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-14-16; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential); and WHEREAS, the Owner desires a R -5 -DA -P (Residential with a development agreement — PUD) zoning classification to develop a residential 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 detennined 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 -5 -DA -P (Residential 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 Page 1 of 9 K Tinning Depl\Eagle Appiutbm\Preriminary Development Plana\2016• VaLynn Village Sub da cc Cel ver doc 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 67-6511 A 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 a R -5 -DA -P (Residential with a development agreement — PUD) zoning classification 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 II1 CONDITIONS ON DEVELOPMENT 3.1 The maximum density for the Property shall be 4.96 -dwelling units per acre (23 -dwelling units). 3.2 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. 3.3 The Concept Pian (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. 3.4 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, private streets, 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 and that the homeowner's 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) All 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 "Arts and Crafts, Mission Revival, and Mediterrannean" theme of the development. Page 2 of 9 K \Planning Dept\Engle Apprication,V'refumwy Devdepment Plany.W?B VaLyne Village 50) da a lid ver do; (d) 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. 3.5 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 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. 3.6 The single-family dwellings shall be constructed utilizing "Arts and Crafts, Mission Revival and Mediterranean" style architecture (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 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. 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative 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 and replacement plan. 3.9 In conjunction with 3.8 above, all living trees that do not encroach upon the buildable lots or development infrastructure areas shall be preserved, unless otherwise determined by the Design Review Board or City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board or City Council) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.10 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 Page 3 of 9 K smug DepilEagle AppScadonathelhabtary Development Pla 016' VaLynm Pillage Sub da a &d ver doc & Game Department (if applicable), the Idaho Department of Water Resources (if appl icable), 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. 3.11 Owner shall extend the landscaped berm located within Rick's River Ridge Estates Subdivision (Lot 10, Block 3) through the Property and connecting to the landscaped berm located within Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The landscaped berm shall be completed prior to the City Clerk signing the final plat. 3.12 Owner shall tile the Ballantyne irrigation ditch located within Ricks River Ridge Estates Subdivision (Lot 10, Block 3) and through the Property. Owner shall provide correspondence from the Ballantyne Irrigation Company approving the completed construction prior to the City Clerk signing the final plat. 3.13 Owner shall work with the Alderwood Village Subdivision No. 1 Homeowner's Association in regard to constructing a dog park to be located within the Property and on Lot 15, Block 2, Alderwood Village Subdivision No. 1. In the event an agreement is reached, Owner shall submit a design review application to be reviewed and approved by the Design Review Board prior to commencement of construction. The dog park shall be completed prior to the City Clerk signing the final plat. 3.14 Owner shall clean up and prune the landscaping located on the Alderwood Village Subdivision No. 1 (Lot 15, Block 2) landscaped berm located adjacent to SH -44. The clean-up and pruning shall be completed prior to the City Clerk signing the final plat. 3.15 Owner shall tile the irrigation ditch located adjacent to the north property line and landscape the area with sod prior to the City Clerk signing the final plat. 3.16 Owner shall extend the existing sidewalk located within Rick's River Ridge Estates Subdivision (Lot 10, Block 3) through the Property and provide a connection to the sidewalk located within Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The sidewalk connection shall be completed prior to the City Clerk signing the final plat. 3.17 As part of the shared alley access maintenance requirement stated in Note 9 of the Alderw000d Village Subdivision final plat (Ada County instrument #104017745), Owner shall seal coat the shared alley after completion of construction, at the sole cost of' the Owner due to anticipated construction impacts, prior to the City Clerk signing the final plat. 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. Page 4 of 9 K Thinning Dept\Eagle Application Prelimmaty Development Plans \2g I6WaLynn Village Sub da ee find ver doc 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. and in accordance with the notice and hearing provisions of Idaho Code Section 67-6509. In the event this Development Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an R-4 (Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the R-4 (Residential) zoning designation. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the prevailing party 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 (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 Owner, and the Owners 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 Paraaraoh Headinas. 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, Page 5 of 9 K \Planning DinlEagie App6euwns1Prdimmtty Development PIaw12O16VaLynn Village Sub da cc fni yea dot 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 Lent Renresentation. 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 Development 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: Roth Construction, Inc., dba Roth Homes Attn: Steve Roth 116 South 2"d 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 provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attomey fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attomey fees and engineering fees associated with this Development 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 Development 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. Page 6 of 9 K V'ImninB Dcpt\Eagle Applicatw,I \reavnary Develcpnem Phm12016\VaLynn Vdhgv Sub da a !hl ver doc 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 Development Agreement by both parties. 8.9 Authority to Enter Into Aereement: By the execution and delivery of this Development 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 Development Agreement and so bind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this [ day of t 2017. * • 41.0 IMP * 1 SEAL ATTEST:. OF 1� .� Sharon K. Bergmann, City Clerk Av CITY OF EAGLE, a municipal corporation organized and e ng under llt `i&ws o, the State of Idaho OWNER: Roth Construction jrt¢., dba Roth Homes By: Steven E. Aoth, President Page 7 of 9 X Tnrong DeptlEagle ApplicationslPrelimmuy Devdopneat Plem120 i 6 VaLyim Village Sub da cc Cel ver doc STATE OF IDAHO : SS. County of Ada ) On this day of , 2017, before the undersigned notary public in and for the said state, personally appeared VEN E. ROTH, known or identified to me to be the President of ROTH CONSTRUCTION INC., dba ROTH HOMES owners 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 +0%OMIleg, it. jkospv% 0 Is "',on� i 1 UBhI �• '••.,,��E�OF� ..�••' Notary Public fogatho Residing at: My Commission Expires: /0 ik1 o Page 8 of 9 K %Planning Dep118agle Applications PPreliminary Developmau P1=12010 /43= Village Sub da cc rnl ver. doe INDEX OF EXHIBITS A Legal Description B - Concept Plan C Affidavit of Owner D Residential Elevations Page 9 of 9 K:1PIanning DeptlEJgte Applicatiom\Preliminary Development PIam12016\VaLynn Vie Sub di cc ICI ver doe EXHIBIT "A" BOUNDARY DESCRIPTION FOR VaLYNN VILLAGE SUBDIVISION Rezone Boundary Description HeUEIVED & FILED CITY OF EAGLE NOV 16 2016 Fife* Route to• Job No. 2016-057 J.B.F. 10-31-16 Part of the Southwest of the Southeast'' /4 of Section 8, Township 4 North. Range 1 East of the Boise Meridian, City of Eagle, Idaho described as: Commencing at a found Aluminum Cap marking the South Quarter corner or Section 8, Township 4 North, Range 1 East of the Boise Meridian, City of Eagle, Idaho and running thence N00°26'58"E 69.13 feet along the West line of the Southeast 'A of said Section a point on the centerline of State Hiv ay 44 - Eagle Alternate Route (said point being the Point of Beginning); thence N00°26'58"E 714.79 feet along the West line ofthe Southeast %4 of said Section to a found 5/8" rebar marking a point at the Southwest corner of Lot 11, Block 1 of Rick's River Ridge Subdivision; thence S89°31 '45"E 317.96 feet to a found 5/8" rebar; thence S0O°16'38"W 693.08 feet to the centerline of State High«ay 44 -Eagle Alternate Route; thence S86°35'19"W 320.76 feet along said centerline to the Point of Beginning. Rezone area contains 224,561 square feet or 5.16 acres. 106 W Main Sr. Unit D, Middleton, ID 83644" pis122260vahoo.corn R f7f1R1AW1.7c, - EXHIBIT "C" Affidavit of STEVEN E. ROTH on behalf of Roth Construction, Inc., dba Roth Homes AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) STEVEN E. ROTH, who being first duly sworn under oath, deposes and says: 1. I am STEVEN E. ROTH, who is the President of Roth Construction Inc., dba Roth Homes, whose mailing address is 116 South 2t'4 Street, Eagle, ID, 83616 ("Roth Homes"). 2. Roth Construction Inc., dba Roth Homes, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Roth Construction Inc., Roth Homes, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Id ho Code Section 67- 651 IA and Eagle City Code Section 8-10-1 dated the i9tday of 2017 by and between the City of Eagle, a municipal corporation in the State f Idaho, and Roth Construction Inc., dba Roth Homes (the "Agreement"). DATED this ! of ?`'112017. OWNER: Roth Construction, dba Roth Homes By: Steven E. 1 SUBSCRIBED AND SWORN to before me this / day of %C1;E...:44 it . oth, President Notary Public for Idaho Residing at r My Commission expires Page 1 of 1 K Vanning DeptlEasle ApptiatlonsTmliminary Development Plensi2016\VaLynn Village Sub da affidavit doc 2017. Idaho 1 I RECEIVED & FILED CITY OF EAGLE Ftle: Route to - ELEVATION TYPE ARTS & CRAFTS ELEVATION LOCATION: LOTS 4-14 BLK 1 GARAGE TYPE REAR LOAD lw7 ELEVATIONS ar4J is -aa „ 0„ II81HX3 001 =WOG OWNIZIUDIRIONEIL antomemc PAWK. J&T row MOM U LT !MX 000 701 [DgNNR l+10101 ELEVATION TYPE: MISSION REVIVAL ELEVATION LOCATION: LOTS 9-12 BLK 2 GARAGE TYPE FRONT LOAD r I File: Route to:. ELEVATIONS CrTY OF EA G D F -14--2911 1f..n. vr.rr 1 w 11Nr01tl6g1IIE31. .11.1wMtl rlaval� tr A/1'rN11O. Iw. sir 1.411013- SAM 1m1a. LT,LIL a,o III/k PA -31 I A i RECEIVED & FILED CRY OF EAGLE FEB 17 2017 [lam ELEVATION PRELIM: FRONT GARAGE LOAD - LOTS 4-7 BLK 2 EXAMPLE ELEVATIONS Star- vr•l 111 I .0.1.I81HX3 LN11Qforsuc 0111/101• 111.0.111411L K 14.1Q: be /011 UZ0