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
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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 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.
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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 (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.
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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,
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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
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ATT
EI(C�jST:
--Sharon K. Bergmann, City Cleric/
STATE OF IDAHO )
:ss.
County of Ada )
,1,,111111111,,,
' -Ci`s OF E'
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� 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
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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
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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
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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.
Notary Pubdaho
Residing at ov 1 1 , , Idaho
My Commission` expires
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