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Development Agreement - 2017 - Larkin Village Subdivision - 6/12/2017Recording 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 2017-082149 BOISE IDAHO Pgs=15 VICTORIA BAILEY 08/31/2017 11:30 AM EAGLE CITY NO FEE 111011111111111111111111111111111111111111 Il 111 0403841201700821480160150 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 Paradigm Construction Company, LLC ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 1301 East 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-16-16; and WHEREAS, the proposed development includes properties within an area currently zoned MU (Mixed Use); and WHEREAS, the Owner desires a MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit) zoning classification to develop a residential 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 MU -DA (Mixed Use with a development agreement [in lieu of conditional use permit]) 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 B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and Page 1 of 8 K:\Planning Dept\Eagle Applications \SUBS\2016Larkin Village Sub da cc W ver.doc 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 67-6511A 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 Concept Plan (Exhibit C) 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 residential use shall be a permitted use on the Property. The maximum density for the Property shall be 7.91 -dwelling units per acre (11 -dwelling units). 3.4 The setbacks shall be as follows: Front: 20 -feet Rear: Main level (wall plane) 15 -feet Second level (wall plane) 20 -feet Side: 3 -feet Patio covers (open style) may encroach 5 -feet into the rear setback Maximum lot coverage 50% 3.5 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, and amenities. Page 2 of 8 K:\Plamdng Dept\Eagle Applications \ SUBS \2016\Larkin Village Sub da cc @d ver.doc (b) An operation and maintenance manual for the private streets, including a funding mechanism as an addendum to the CC&Rs requiring the association(s) shall have the duty to maintain and operate all of the private streets including the repair and replacement of asphalt and sidewalks, in perpetuity. The repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (c) A requirement that no parking is allowed on the private streets and a mechanism for the enforcement of the no parking requirement. (d) 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. (e) 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. 3.6 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 and commercial 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. 3.7 The single-family dwellings shall be constructed utilizing "Pacific Northwest Craftsman" style architecture. 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. 3.8 The residential dwellings shall not exceed 25'7" in height. 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 B) 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. Page 3 of 8 K:\Planning Dept\Eagle Applications\SUBS\2016\Larkin Village Sub da cc 6d 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 A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A -R (Agricultural -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 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 Parasranh 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, Page 4 of 8 K:\Planning Dept\Eagle Applications \SUBS\2OI6U.arkin Village Sub da cc fnl ver.doc 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: Paradigm Construction Company, LLC 1301 East 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 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. Page 5 of 8 K\Plamting DeptTagle Applications \SUBS\2016Usrkin Village Sub da cc 5tl ver.doc 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 94-2-2 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 17, dis *w‘, 2017. ••0°4 OF EqC Gs ORgr. SEAL . OOOO .,���q1E OF woe •.•...II...0• ATTEST: Sharon K. Bergmann, City Clerk CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Stan Ridgeway, Mayor Owner: Paradigm Construction Company, LLC By: Mitt Knickrehm, Managing Member Page 6 of 8 K:\Plannmg Dept\Eagle Applications\SUBS :GI aLarkin Village Sub da cc 8d ver.doc STATE OF IDAHO ) . ss. County of Ada ) On this day of � l �; lk , 2017, before the undersigned notary public in and for the said state, personally appeared MATT KNICKREHM, known to me to be the Managing Member of PARADIGM CONSTRUCTION COMPANY, LLC, identified to me to be the 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 L. �RBARA S MCDERMOTT NOTARY PUBLIC STATE OF IDAHO 10, 11<,/ „ / /411111 Nota'r Public for). alio Residing at:d My Commission Expires: S- 1/)-,.-2().../c) Page 7 of 8 K:'Planning Dept\Eagle Applications \SUBS\2016\Lari in Village Sub da cc fhl ver.doc INDEX OF EXHIBITS A Legal Description B Concept Plan C Affidavit of Owner D Residential Elevations Page 8 of 8 K:\Plamdng Dept\Eagle Applications \SUBS\2016\ Larkin Village Sub da cc fill ver.doc ENGINEERING December 22, 2016 Project No.: 16-116 ) RECEIVED & FILED CITY OF EAGLE 9233 WEST STATE STREET 1 BOISE, ID 83714 ! 208.639.6939 1 FAX 26' 9?4(F016 File: Route tt• EXHIBIT A LEGAL DESCRIPTION FOR REZONE TO MU -DA A portion of the Northeast 1/4 of Section 16, 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 marking the Northeast corner of said Section 16, which bears S89°55'42"E a distance of 2,651.53 feet from a found brass cap marking the North 1/4 corner of said Section 16, thence following the northerly line of said Section 16, N89°55'42"W a distance of 864.47 feet to a point; Thence leaving said northerly line, S00°04'18"W a distance of 16.84 feet to a point on the centerline of E. State Street and being the POINT OF BEGINNING. Thence leaving said centerline, S34°12'12"W a distance of 634.86 feet to a point on the northerly line of Merril Subdivision No. 2 (Book 79 of Plats at Pages 8,490 through 8,494, records of Ada County); Thence following said northerly line, N80°40'59"W a distance of 122.90 feet to a point on the easterly line of Pacific Heights Subdivision (Book 81 of Plats at Pages 8,876 and 8,877, records of Ada County, Idaho); Thence leaving said northerly line and following said easterly line, N34°11'12"E a distance of 686.56 feet to a point on said centerline; Thence following said centerline the following courses: 1. 14.93 feet along the arc of a circular curve to the right, said curve having a radius of 6,611.34 feet, a delta angle of 00°07'46", a chord bearing of S55°53'49"E and a chord distance of 14.93 feet to a point; 2. S55°47'48"E a distance of 96.76 feet to the POINT OF BEGINNING. Said parcel contains a total of 1.693 acres, more or less, and is subject to all existing easements and/or rights- of-way of record or implied. Attached is hereto is EXHIBIT B, and by this reference is made a part hereof. 11..22. lotto ENGINEERS i SURVEYORS 1 PLANNERS www.kmenglip.com Plm 5w14:1'44101 / S 604 OW 6 1 __i_ OM MM. NOM 801,1006011 0 6•7011000 , 4444% I ‘44444 sna rr /y >/ / - ., /` I 1 1 /ji, /- 001011,. 010 AsrArAr.r LARKIN VILLAGE SUBDIVISION PRELIMINARY PLAT EAGLE, IDAHO FEBRUARY 2017 PACJNC HEIGHTS w9TRVIS110 0.0.40 19104 LSO 1004,119 WW1. 01O mar NOTES M. ci • ml limon °Xq.0rva'Om . n.toia. .100 2. j91up. x004 a x4021 912 sxu n...ao ns .x6021 9. r�.ol MM. 10. to LOTS 900.'' ALL 16111111. LOT X6 900 0 41010010‘0"`°"41pr.w� el MO LOT 0 -ao�. we .m i6 r o. WOOL s SO 6.110�61M1® LAT LE. 91A. .91,011 TM.O (.T) .Soot p Cal 120 1 - x Maim Mix wr 00.10 Amp w.w O.. 11 mlO6.0606 x. MO. 4. O 1411441Lx. Ian M. M. 0111 TO A OP. SOO IK 000000+004 COTO LOLL SOO MST. WC MOO 01.6 WON LOMSO PIO OM 4, • 0.013f, 114 7. PPM a m SLOWS. a Iau,m . mx A .O .MN naso .000 P. 001 Put 0000 UM MOO MO.. w MOM FM... A OR aO. O.. OOT w Mum TO 016 mar 10110. III '''',..4'..4,,,,,...,44. / /// LOT AREAS 1 LOT AREAS Ao•Aa1.6 /00 00 0 MU W.) coMO 1 LAT ow xu (Taal // A91. M.ma 1 1 ONO. u7 11 OA ON 161 40o UM .0 1 "k4VS. 1.121001114 DO. 06 S LOT yea / •0.6 010 • 107 1I 14 6COW. Yal.111 M A.n Ma. M>, IS 06 141 I «. Ne 1.917 u.M IA. 1.0 / .x....1169. 0.6 .0.0 CONTACT INFORMATION FN9LL 9Lp�S LTAM P.W00 VR/ DEVELOPER 6000601 LW.p MO 03714 W. IMO 01•14 .00 00 801-014.1 i[aPNio46 Lk.• 1000001. 11. j••111.,..... NU W.) 4.4 7.7▪ 0 LAnA 0,00 910 1 5 .7 060. 011166 .11•ACS ESCS r6.ai 11 SY J+ nomox wIOLT MOOS 1 . • F0000 LEGAL DESCRIPTION PNKEL OF IN0 RAM 511.102 N THE TIORIIGST 1/4 OF KM. I9. 1016104 ♦ MOM, RNIOE 1 EAST. 9018[ 10100cm1. oOF E/,AE, NH COWRY. POMO. LEGEND - tatmoort .0.414114 LSO - 111.00 001766 • Dae,n.4ION o Duo .�MmO„ • F000 OS • 401 Wm= 10100 SI MOOT SOTO SOL 0, MOOT -MOM TO S. /iii.//////00x12...9111 0477° I MOONS 0040101 aZtailaraiSei PREUMINARY PLAT DATA NTS DATA AREETERA or Art aR a�."`o -o2 COMM OWS DOLOPI 40 IMS P6ma1:01:04149. .. °.a 1001. 44001 0, If DOOM OF ROOS NM= OF POOLSS 1.11111 PP MON MRS 4077 oxJMaS ROM 1111A 11bJm MWm a/41 oar mow Tr ION MOOS 10011119 00111.0 0100 SLOPE KM 9711110 Mm07/0 OOP OM Col bop NM MO IC016619 RPM. COMO. WOOS 9.0171006 VMS 0166 SO POOP won 4x.021 2/61 T,loto. OM.. 00606 5. ACADEMY LN. (PRIVATE) CROSS SECTION A -A MMR'/ NOP PUCE 0901 0S111111 LARKIN VILLAGE SUBDIVISION PRELIMINARY PLAT EAGLE, IDAHO REVISIONS 1110106159601.1 061. ow0i1 i1Nl1 no. 1OF 1 „8„ 1I81HX3 EXHIBIT "C" Affidavit of MATT KNICKREHM on behalf of Paradigm Construction Company, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada MATT KNICKREHM, who being first duly sworn under oath, deposes and says: 1. I am MATT KNICKREHM, who is the Managing Member of Paradigm Construction Company, LLC, whose mailing address is 1301 East State Street, Eagle, ID, 83616 ("Paradigm Construction Company, LLC"). 2. Paradigm Construction Company, LLC, is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto (the "Property"). 3. Paradigm Construction Company, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions s.5t forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the qday of :-A . 2017 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Guy Hendricksen, Tandem Ridge, LLC (the "Agreement"). DATED this : day of :Thv .2017 . By: Paradigm Construction Company, LLC By:, Matt Knickrehm, Managing Member SUBSCRIBED AND SWORN to before me this J r�day of l tt - , 2017. BARBARA S MCDERMOTT NOTARY PUBLIC STATE OF IDAHO Notary Public fo aho Residing at A V ‘I\ . Idaho My Commission expires L0`,3-0.7-6 Page 1 of 1 K\Planning Dept\Eagle Applications\SUBS \2016\Larkin Village Sub da affidavitdoc P2 EXHIBIT "D" Shake RECEIVED & FILED CITY pF EAGLE DEC 2 8 2016 File: Route to. G -1/A Shake Siding/ Garage Trim EXHIBIT "D" 1TIL JI. _11_1 ._ f FRONT ELEVATION 1 RECEIVED & FILED CITY OF EAGLE C 2 8 2016 I File. Route to . &2/A P4 Shake/ Garage Siding Trim EXHIBIT "D" RECEIVED & FILED CITY OF EAGLE DEC 2 8 2W6 I File: ...... I Route to G -3/A ir Shake Siding Trim/ Garage EXHIBIT "D" R CFIVED & FILED ,:311 . OF EAGLE DEC 2 8 214116 File: Route to• f i Il ..fit 1LJL _ �l[-___JL_._ FRONT ELEVATION G -4/A