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Development Agreement - 2018 - Senora Creek Sub No. 4 - 7/10/2018Recording 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 0. Rich BOISE IDAHO Pgs=11 LISA BATT EAGLE CITY 2018-070170 0712712018 08:53 AM NO FEE 11111111111111111112111113,10111,110111,10111,1111111111111 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 Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 889 North Park Lane, 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-06-17; and WHEREAS, the proposed development includes properties within an area currently zoned R -E (Residential -Estates); and WHEREAS, the Owner desires a R -3 -DA (Residential with a development agreement) 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 R -3 -DA (Residential 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 (Exhibits Bl -B2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and Page 1 of 7 K:1Planning Dcpt\Eaglc Applications\SUBS\2017\Senora creek Sub No. 4 da cc fnI vcr.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 R -3 -DA (Residential with a development agreement) 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 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 maximum density for the Property shall be 2.27 units per acre (six [6] single-family lots). 3.4 The Owner shall provide approval from the Eagle Creek Homeowner's Association for the proposed lots to be a part of the Eagle Creek Homeowner's Association, provide an executed Pressurized Irrigation Operation and Maintenance Agreement between Eagle Creek Homeowner's Association and Senora Creek Subdivision No. 4, or provide a revised preliminary plat showing an independently operated pressurized irrigation system for Senora Creek Subdivision No. 4 prior to submittal of a final plat application. 3.5 Owner shall remove all existing structures prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said structures. 3.6 The residential homes constructed within Senora Creek Subdivision No. 4 shall be single -story, not to exceed 30 -feet in height. Page 2 of 7 K:1Planning DeptTagle Applications\SUBS120171Scnora creek Sub No. 4 da cc fnl vcr.doc 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 (Exhibits B1 -B2) 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. 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 -E (Residential -Estates) zoning designation until Eagle enacts and records an ordinance changing the property to the R -E (Residential -Estates) zoning designation. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle 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(s) (or other appropriate party) and Eagle. ARTICLE VIl 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. Page 3 of 7 K:1Planning DcptlEaglc Applications\SUBS120171Scnora creek Sub No. 4 da cc fnl vcr.doc 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: Owner: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 Attn: Michael and Jeanette Stephenson 875 North Park Lane 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, Page 4 of 7 K:1Planning Dcpt\Eaglc Applications\SUBS\201 TScnora creek Sub No. 4 da cc fnl vcr.doc and if thc 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 thc financial assurance provided by thc Owner. Thereafter, if the then current estimated fees still to be paid exceeds thc 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 thc financial assurance and shall become current as to all outstanding fees owcd. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner thc unused portion of thc cash deposit or the letter of credit, as applicable. Eagle's draw upon thc financial assurance under this Section shall not preclude it from exercising any of thc other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In thc event Owner fails to comply with the terms and conditions hereof in any material respect, thc 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 thc Project and record a notice of such action with thc Ada County Recorders 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 arc cumulative and to thc 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, thc parties have executed this Development Agreement. DATED this /0 day of 5.n ' , 2018. CITY OF EAGLE, a municipal corporation organized and existing under the s of e State of Idaho By:Cc Stan Ridgeway, Mayor Page 5 of 7 K• Planning Dcpt\Eaglc Applications\SUBS120171Scnora creek Sub No 4 da cc fnl vcr.doc ATT EI(C�jST: --Sharon K. Bergmann, City Cleric/ STATE OF IDAHO ) :ss. County of Ada ) ,1,,111111111,,, ' -Ci`s OF E' •• < � tf: SEAL. • OWNER: Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 By. Michael Stephenson, Trustee Jcanettt $tephcnson, Trustee On this 1j day of I/ , 2018, before the undersigned notary public in and for the said state, personally app a d ICHAEL STEPHENSON, known or identified to me to be a Trustee of MICHAEL AND JEANETTE STEPHENSON REVOCABLE LIVING TRUST, DATED OCTOBER 16, 2014, 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 -.1the 1• Notary ; 1 is fo !dab Residing .t:o1e, My Commission Expires: y and year first above ANGELINA LONG NOTARY PUBLIC STATE OF IDAHO Page 6 of 7 K: Planning I )cpt\Eagle Applications \SUBS\2017\.Senora creek Sub No 4 da cc fill vcr.doc 0110.1 01.1i.V.)(1 ySATOV OtiA:J! 40 3TAIe STATE OF IDAHO : ss. County of Ada ) On this '? day of �,f/1, , 2018, before the undersigned notary public in and for the said state, personally appea ed J ANETTE STEPHENSON, known or identified to me to be a Trustee of MICHAEL AND JEANETTE STEPHENSON REVOCABLE LIVING TRUST, DATED OCTOBER 16, 2014, owner of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set y hand and seal the day and year first above rl.a /.. // Loa _ !t Nota `' ie f Idaho ,^ Residing M VDI t ) iN My Commission Expires: 1 ANGELI NA LONG NOTARY PUBLIC STATE OF IDAHO Page 7 of 7 K \Planning Dcpt\Eagle Applications\SUBS\20171Scnora creek Sub No. 4 da cc Fnl vcr.doc o 4O J AbilJ901011A Q! SU9 YRATOH OHAQ! 10 3TATa Exhibit "A" DESCRIPTION FOR PARCEL A A portion of Lot 2, Block 2 of Ray's Acres Subdivision as is filed in Book 30 of Plats at Pages 1,890 and 1,891 records of Ada County, Idaho, located in the NE 114 of the NW 1/4 of Section 12, T.4N., R.1W., B.M., Eagle, Ada County, Idaho more particularly described as follows: Commencing at the SE corner of said Lot 2; thence along the South boundary line of said Lot 2 North 89°21'33" West, 373.73 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line North 89°21'33" West, 431.01 feet to the SW corner of said Lot 2; thence along the West boundary line of said Lot 2 North 02°54'36" East, 270.04 feet to the NW corner of said Lot 2; thence along the North boundary line of said Lot 2 South 89620'49" East, 422.47 feet; thence leaving the North boundary line of said Lot 2 South 01°05'49" West, 269.75 feet to the REAL POINT OF BEGINNING. Containing 2.64 acres, more or Tess. EXHIBIT "Bl" Affidavit of MICHAEL STEPHENSON on behalf of Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 STATE OF IDAHO ) ss. County of Ada AFFIDAVIT OF LEGAL INTEREST MICHAEL STEPHENSON, who being first duly sworn under oath, deposes and says: 1. I am MICHAEL STEPHENSON who is a Trustee of Michael and Jeanette Stephenson Revocable Living Trust, LLC., whose mailing address is 875 North Park Lane, Eagle, Idaho 83616 ("Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014"). 2. Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 is a fee simple owner of a portion of the parcel of real property described on Exhibit A, (the "Property"). 3. Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 authorizes the submission of the Property to certain Development Agreement datcd the day of , 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 Michael Stephenson, Michael and Jeanette Stephenson Revocable Living Trust, dated October 16. 2014 (the "Agreement"). DATED this day of J (j AC, , 2018. By: Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 (-<_/k4- Michael Stephenson, Trustee SUBSCRIBED AND SWORN to before me this day 6(....."--W1) , 2018. ANGELINA LONG NOTARY PUBLIC STATE OF IDAHO t 1110/,(xQ Notary pu is r Id o Residing at %QiSC, (1 My Commissi expires Page 1 of 1 K.\I'lannnrg Ikpl\Laglc Apphwnun.ASlJBS\2UITSeuura Geek Sub Nu. 4 da affidavit M Slcphanam.duc 0140.1 AV UUBlO»A Quau9 YF4ATOt4 OHHAQI 10 3TAT2 EXHIBIT "B2" Affidavit of JEANETTE STEPHENSON on behalf of Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 STATE OF IDAHO ) ss. County of Ada AFFIDAVIT OF LEGAL INTEREST JEANETTE STEPHENSON, who being first duly sworn under oath, deposes and says: 1. I am JEANETTE STEPHENSON who is a Trustee of Michael and Jeanette Stephenson Revocable Living Trust, LLC., whose mailing address is 875 North Park Lane, Eagle, Idaho 83616 ("Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014"). 2. Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 is a fee simple owner of a portion of the parcel of real property described on Exhibit A, (the "Property"). 3. Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 authorizes the submission of the Property to certain Development Agreement dated thc day of , 2018 pursuant to thc 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 Michael Stephenson, Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 (the "Agreement"). DATED this ,6 day of J L i�_� _ , 2018. By: Michael and Jeanette Stephenson Revocable Living Trust, dated October 16, 2014 By:. — 1,L Jear}tte Stephenson, Trustee SUBSCRIBED AND SWORN to before me this ANGELINA LONG NOTARY PUBLIC STATE OF IDAHO qt- , 2018. 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III Sr AJ !A 7NNta1•4 n-•- , w Om.1...- (555 yyA WW1 It N,Iwy e• rbN •I N 0x040 •K N ia-A R( 1(! .•ITN 11175/0.: e- .101 040 .N 1 utr- IA21 1_r_ -r. •s.�.'I. 0,1 4/1 a 00, hs11.1..1 11.11«U•LYC1- 011 fN TIM V1M,U. aI4 1Sh.G .xwG•tlrw A(.4.0.1 xl 421 RECEIVED & FILED CITY OF EAGLE NOV 1 6 2017 File: Route to: AP art= N(1 0 ININu ,/i .Iw IWrq /015 ff. 1!P 1 00 00IV.10 U (Nr R1NU 1.]N 0 00,0(0, IDAHO SURVEY GROUP, LLC 1150E WATER10K4R 5, s.AIE IJO 4ER701AN IDA}.001E4: 7N 12007 M! 0570 FAX 12001041.1149 m r SENORA CREEK SUBDIVISION NO. 4 PRELIMINARY PLAT A P011(ION Or LOT 2, 5005* 2 Or RAYS ACRES 51TNOMSION *05000 0 ME Na 1/4 Of INE 00 I/O 05 SECA. 12. Ton. A.m. er, LA0(. AOA CCUNIT. IDAHO 71f1A1ST1 -1/!. /N ICNEIRF:I I;I.t --_-I i . NO I ..,(7 I� '.. 0411 11/11/;1117 IIA1IL 11/1•.!;.71) I"-1 11