Development Agreement - 2018 - Wilhite 1825 West Beacon Light Road - 3/30/2018Recording 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=9 BONNIE OBERBILLIG
EAGLE CITY NO FEE
1111111111111111111' 11111111111111111111111111111
00480989201800301680090098
2018-030156
04/05/2018 12:55 PM
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 Ryan Wilhite. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1825 West Beacon
Light Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit
A) which is the subject of an application for Rezone identified as Rezone Application No. RJ. -07-17; and
WI IEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation); and
WHEREAS, the Owner desires a R -E -DA (Residential -Estates with a development agreement)
zoning classification to allow a parcel division and residential uses on the above described property, which
is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any residential project upon the Property must be limited with the use of a development
agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R -E -DA (Residential -Estates with a
development agreement) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
WI IEREAS, 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(CX 1) and be bound by
same; and
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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 1I
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the Residential -Estates District ("R -E -DA"), after recordation of, and subject
to the provisions of this Development Agreement. The ordinance will become effective after its passage,
approval, and publication and the execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS 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 B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.3 The existing single-family dwelling is recognized as a non -conforming use, and shall be allowed
to exist as -is. Any new construction on the Property shall conform to the dimensional standards of
the R -E (Residential -Estates) zone.
3.4 The gravel driveway contained within the existing access easement adjacent to the western property
line is permitted to be utilized by the two parcels created by PD -02-17, and the two parcels created
by PD -01-16, until the redevelopment of any of the four properties currently utilizing the driveway.
3.5 Owner shall address all site specific conditions of approval and standard conditions of approval of
the parcel division application (PD -02-17) 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.
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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 67-6511A and Eagle City Code Section 8-
10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to
any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce
the requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within
an A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance
changing the property to the A -R (Agricultural -Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable,
the remainder of this instrument shall nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s) (or other
appropriate party) and Eagle.
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
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sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include
the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought
in connection with this Development Agreement shall be brought in a court of competent jurisdiction
located in Ada County, Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Ryan Wilhite
1825 West Beacon Light Road
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
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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 fmancial 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,40,c j , 2018.
ATTEST:
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Sharon K. Bergmann, City Cler
STATE OF IDAHO
ss.
CITY OF EAGLE, a municipal corporation organized
and exist under the laws of the State of Idaho
7
Stan Ridgeway, Mayor
By:
Owner:
By:
Ryan hiti
County of Ada )
On thisday of 4�Ar�� , 2018, before the undersigned notary public in and for
the said state, personally appeared RYAN WILHITE, known or identified to me to be the owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set. hand and seal the day and year first above
written.
MARK P. LUDWIG
NOTARY PUBLIC
STATE OF IDAHO
tary Public for I aho
esiding at: g le TY . j
My Commission le
9 1 l 1.7323
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EXHIBIT "A"
Marks Ldnu purveying, Inc.
5300 Hill Road Boise, ID 83703
Ph: (208) 378-7703 Cell: (208) 890-6684
E-mail: cmarks@markslandsurveying.com
Property Description
RECEI\iEC &• FILED
CITY O - EAGLE
NOV 3
File:
Roue to:
A parcel of land Tying in a portion of Government Lot 1, Section 6, T.4N., R.1 E., Boise Meridian,
Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a found Aluminum Cap marking the NW Corner of said Government Lot 1,
Section 6, T.4N., R.1 E., Boise Meridian, Ada County, Idaho, said NW Corner of Government Lot
1, Section 6, bears N.89°17'27"W. 1323.19 feet from a found Brass Cap marking the NE Corner
of said Government Lot 1, Section 6, said NW1/4 Corner of Government Lot 1, Section 6, also
bears N.00°25'21 "W. 1286.12 feet from a found Rail Road Spike marking the SW Corner of said
Government Lot 1, Section 6; thence S.89°17'27"E. 403.73 feet along the north boundary of
said Government Lot 1, Section 6 and the centerline of W. Beacon Light Road to a point, said
point being witnessed by a found 1/2" iron pin which bears S.00°24'30"E. 25.00 feet, said point
also marking the REAL POINT OF BEGINNING;
thence continuing S.89°17'27"E. 429.74 feet along the said north boundary of Government Lot
1, Section 6 and the said centerline of W. Beacon Light Road to a point, said point being
witnessed by a set 1/2" iron pin which bears S.00°24'30"E. 25.00 feet;
thence leaving the said north boundary of Government Lot 1, Section 6 and the said centerline
of W. Beacon Light Road, S.00°24'30"E. 506.82 feet to a found 1/2" iron pin;
thence N.89°17'27"W. 429.74 feet to a found 1/2" iron pin;
thence N.00°24'30"W. 506.82 feet to the point of beginning, containing 5.00 acres, more or Tess.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
Wilhite Total Parcel
CPF N0. 2017-092742 W. BEACON UGNT ROAD
BASIS OF BEARING
NW CORNER S.89'17'27'E. 1323,19' (1323.04' & 1323,22')
GOVT. LOT 1 403.73' 47.01' 382.73'
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i
I 1 Wm j, oa \ yam, PARCEL A n�E
8 ^ m o / n 5SH 130597 SO FT
3.00 ACRES ^ 2
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30
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I yl j N.89' 17'271Y, 382.62' I Ln
I ts 333 n/ j
W 6
2 Y `A 87163CEL S0 FT to
iZ , ,, 2.00 ACRES S
I-
N.89'17'27"W. 429.74' 1
UN PLATED
WtI
3�1
2NI
I
0I ti
SW CORNER
GOVT. LOT I
S.89'50'10'W 1322.62'
ACADEMY PLACE
BOOK 4, PACE 155
UNPLATTED
CPF N0. 7017-092741
3132
S 00'24'30.E. 1265 96'
T.SN. R.1E.
T.4N R. 1E
SE CORNER
COVE. LOT I
RECORD OF SURVEY NO.
MINOR LAND DIVISION
FOR
RYAN & JULIE WILHITE
PARCELS OF LAND LYING IN A PORTION OF
GOVERNMENT LOT 1, SECTI�ryK'L6rMND g.a$1,LU
BOISE MERIDIAN, ADAC ,1itIRA �AI�OAGLI
2017
NOV 3 0 2017
NOTES:
file:_
1. REFERENCE IS MADE TO THE F1194IryDaRF,IQ0R0 OF SURVEY NOS. 1320. 1451.
6041, 6626. 6954, 7056. 8797, 100M i10 u, nLLunu.5 Ur RUA t.wn11.
IDAHO.
2. REFERENCE IS MADE TO THE FOLLOWING SUBDIVISION PLATS ACADEMY PLACE.
BOOK 4, PAGE 155; PONY SUBDIVISION, BOOK 60, PAGES 5967-5968: HOFFMAN
SUBDIVISION N0. 1, BOO( 57. PAGES 5429-5430, RECORDS OF AOA COUNTY.
IDAHO.
3. REFERENCE IS MADE TO ME BLM PLAT AND NOTES FOR TONT,
RANCE 1 EAST. BOISE MERIDIAN. ADA COUNTY, IDAHO.
4. REFERENCE 15 MADE TO THE FOLLOWINC DEED INSTRUMENT NC
228365, 236999. 239793. 249347. 255400. 268284. 279308. 27
741339, 818561, 819236, 7802525. 7835119. 7912991. 8604002,
8809574. 8809672, 9036265, 9129425, 94040764, 94040949. 91
99057119. 99061187, 100042110, 102067850, 108119107 AND 107
OF ADA COUNTY, IDAHO.
5, THIS PROPERTY IS ZONED RUT.
6. PROPERTY/PARCEL LINES SHALL NOT REDUCE THE AREA, FRO)
DEPTH OF EACH BUILDING SITE BELOW THE MINIMUM PRESCRIBED
ORDINANCE OR AS SPECIFICALLY APPROVED. COUNCIL APPROVAL
REOUIREO.
100 0
LEGEND
PROPERTY BOUNDARY
PROPERTY DMSION BOUND.
------- CENTERLINE
- - - -- -- OTHER BOUNDARY LINE
-- EASEMENT UNE
® WELL
• FOUND BRASS CAP MONUMENI
▪ FOUND ALUMINUM CM MONUMENT
O FOUND 5/8' IRON PIN
• WITNESS CORNER -FOUND
5/8' IRON PIN
•W WITNESS CORNER -SET 1/2' IRON
PIN W/ CAP MARKED LS 7045
• FOUND RR SPIKE
• SET 1/2' IRON PIN W/ CAP
MARKED LS 7045
o POINT ON UNE -SET 1/2' IRON
PIN W/ CAP MARKED LS 7045
o FOUND 1/2' IRON PIN
O CALCULATED POINT
( ) DATA OF RECORD
50 100 200
SCALE' 1" - 100'
PAGE 1 OF 2
INDEX NO. 411-06-110-000
MARKS LAND SURVEYING, INC.
COLLEEN MARKS, L.S. 7045
5300 W. HILL RD.
BOISE, IDAHO 83703
PH: (208) 378-7703 FX: 378-7759
OA1E: 11/20/17 1 ORAYM 85 01 I FILE. 1ILW1T ROS.d,
Affidavit of RYAN WILMITE
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
RYAN WILHITE, who being first duly sworn under oath, deposes and says:
1. I am Ryan Wilhite, whose mailing address is 1825 West Beacon Light Road.
2. Ryan Wilhite is the fee simple owner(s) of the parcel of real property described on Exhibit
1, attached hereto (the "Property").
3. Ryan Wilhite authorizes the submission of the Property to certain Development Agreement
dated the f? day of /+1,c . 2018 pursuant to the provisions set forth in Idaho Code Section
67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation
in the State of Idaho, and Ryan Wilhite (the "Agreement").
DATED this a-7 day of A^us2c , 2018.
By: Ryan Wilhite
By:
p3
SUBSCRIBED AND SWORN to before me this 40` day of orCL , 2018.
MARK P. LUDWIG
NOTARY PUBLIC
STATE OF IDAHO
N6 : rAPublic for Idaho
R siding at Q fe_ .� f Idaho
My Commissi .1 expires % ! r 4023
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