Loading...
Development Agreement - 2018 - Redstone Ranch Subdivision - 7/30/2018Recording 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=10 VICTORIA BAILEY EAGLE CITY 2018-084507 091061201811:00 AM NO FEE 111111111111111111111141210111111111111101011101111111111111 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 Eagle Legacy, LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate consisting of 10.06 -acres located at the northwest corner of East Hill Road and North Echohawk Way, Ada County Parcel Number S0510438455, ("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-08-15; and WHEREAS, the proposed development includes properties within an area currently zoned R-3 (Residential); and WHEREAS, the Owner desires a MU -DA (Mixed Use 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 MU -DA (Mixed Use 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 (Exhibit B) 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 7 K:1Pluming Dcpt\EagIc Apprtcatiotss1SUBS1201S11tcdstonc Ranch Sub 6 cc fat v¢r 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 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 the Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat review, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by 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 the 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, and notice shall be provided as may be required by the City. However, the residential use of this development proposal is recognized by Eagle and Owner as a desired component of the development. The residential use depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained and future conditional use permits for the residential development will not be required. 3.3 The total number of residential units on the Property shall not exceed 46 -units (4.6 -dwelling units per acre) in the aggregate. 3.4 Prior to City rezoning the property a letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries. The applicant shall also provide documentation from Eagle Sewer District approving the final construction plans prior to Eagle issuing a "Notice to Proceed" letter for construction of the subdivision. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central District Health, that the installed system is approved prior to issuance of any building permits. 3.5 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required architecture standard for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's Page 2 of 7 K:1Plaaaing Dept\Eagle ApplicatiottASUBS\20151Rcdstonc Reach Sub da cc fel ver.doc 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 a building permit application to the City for all buildings 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 required architectural style as shown on Exhibit "D". 3.6 Owner shall provide a tot lot within the common lot containing a gazebo, plaza/sitting area, and bocce ball court (as identified on the revised preliminary plat, date stamped by the City on July 20, 2016). 3.7 The conditions, covenants, and restrictions ("CC&Rs") for the Property shall contain at least the following: (a) Provide that the association(s) shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (b) Provide that the association shall have the duty to maintain the landscaped area located at the northwest corner of SH -55 and East Hill Road in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. If a cost share agreement with the City is achieved then the CC&Rs shall reflect such agreement. (c) A requirement that parking is allowed only permitted on one (1) side of the streets. (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. 3.8 The required setbacks shall be as follows: Front: 20 -feet (living and side -entry garage)/30-feet (front load garage) Rear: 15 -feet Side: 5 -feet Street Side: 20 -feet Lot Coverage: 50% 3.9 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) landscape screening details and buffering located adjacent to East Hill Road, 4) elevation plans for any proposed common area structures, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) landscape design and planting details within the ITD SH -55 right-of-way located at the northwest corner of East Hill Page 3 of 7 K: Pbmzing Dept\Eagle Application %SUBS\2Dl51Redaone Ranch Sub da cc frit ver.doc Road and SH -55, and 7) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the first final plat. 3.10 Provide a license agreement from ACHD and ITD approving the landscaping located within the public right-of-ways 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 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. 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, 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 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, Page 4 of 7 K:1Plaoosag Depl\Eagle 4prcations\SUBS12OISIRcduone Ranch Sub da cc fa! ver.doc 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: Eagle Legacy, LLC Attn: Pete Whitehead 308 Main Street Hailey, Idaho, 83333 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 Page 5 of 7 K:1Planoing Dept\Eagk Applicatioat\SUBS120155Rodstoae Ranch Sub da cc fol ver.doc 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 attomey 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 Proj ect; 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 he 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 hind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 3Qlay of I,O l 8. �,URfI1 • 6• AI, . ••nrr ` ���,�•. Page 6 of 7 CITY OF EAGLE, a municipal corporation organized and existing under the laws of ttye�State of Idaho � By: X.P•VL Stan Ridgeway, Mayor V •••.� �1@,p,little Applica„o,sISUBS\9D154Radsone Ranch Sub da cc fill ver "doc �,,;17E OF ,,,.••%S ATTEST: Sharon K. Bergmann, City Clerk Owner: Eagle Legacy, LLC Pete G. Whitehead, Managing Member STATE OF IDAHO ) ss County of Ada ) On this ?' day of `- v, "--, 2018, before the undersigned notary public in and for the said state, personally appeared\ Pete Whitehead, known or identified to me to be the Managing Member of Eagle Legacy, LLC, owner of the property referenced herein and the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. SANDRA EHRMANTRAUT Notary Public State of Idaho c Q i Notary Public for Idaho Residing at: My Commission Exp'i s: -C. • �c? ‘ v-• Page 7 of 7 K Plrnmang Dept F.agk Applu.tioris5tiRS,21151Redaone Ranch Sub Jan (d sal' doe Exhibit "A" RECEIVED & FILED CITY OF—EAG -A parcel of land located in the Southwest quarter of the Southeast quarter of Section 10, Township 4 JUN 1 8 2015 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being Parcel 1 of Record of Survey o. 7375 recorded May 9, 2006 as Instrument No. 106072558, records of Ada County, Idaho, more File: particularly described as follows: Route to. Commencing at the Northeast corner of the Southeast quarter of Section 10 (East quarter corner), Township 4 North, Range 1 East, Boise Meridian; thence South 01°1814" West along the Easterly line of said Section 10, 1318.32 feet to the South 1/16 corner common to Sections 10 and 11; thence North 89°36'52" West 1321.34 feet to the Northeast corner of the Southwest quarter of the Southeast quarter of Section 10 (Southeast 1/16 corner); thence continuing North 89°36'52" West 67.56 feet to the centerline of State Highway 55; thence continuing North 89°36'52" West 177.54 feet to a point on the Westerly right of way for said State Highway 55, the Real Point of Beginning of this description; thence along the said Westerly right of way the following: South 04°21'59" West 23,94 feet to a point of curvature; thence along a curve to the left 54.09 feet, said curve having a radius of 180.00 feet, a central angle of 17°12'58", tangents of 27.25 feet, and a chord which bears South 04°14'30" East 53.88 feet to a point of tangency; thence South 12°50'59" East 165.83 feet to a point of curvature; thence along a curve to the right 29.40 feet, said curve having a radius of 120.00 feet, a central angle of 14°02'11", tangents of 14.77 feet, and a chord which bears South 05°49'53" East 29.32 feet to a point of tangency; thence South 01°11'12" West 56.93 feet to a point of curvature; thence along a curve to the right 149.85 feet, said curve having a radius of 120.00 feet, a central angle of 71°32'51", tangents of 86.46 feet, and a chord which bears South 36°57'37" West 140.30 feet to a point of tangency; thence South 72°44'03" West 118.11 feet to a point of curvature; thence along a curve to the left 203.93 feet, said curve having a radius of 180.00 feet, a central angle of 64°54'47", tangents of 114.48 feet, and a chord which bears South 40°16'39" West 193.20 feet to a point of tangency; thence South 07°49'16" West 60.00 feet to a point on the Northerly right of way for hill road; thence leaving said Westerly right of way and along said Northerly right of way the following: North 82°10'44" West 286.06 feet to a point of curvature; thence along a curve to the right 165.79 feet, said curve having a radius of 542.96 feet, a central angle of 17°29'42", tangents of 83.55 feet, and a chord which bears North 73°25'53" West 165.15 feet to a point of tangency; thence North 64°41'02" West 28.42 feet to a point; thence leaving said Northerly right of way EXHIBIT "B" Affidavit of PETE C. WIIITEIIEAD on behalf of Eagle Legacy, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAIIO ) ss. County of Ada PETE G. WIIITEIIEAD, who being first duly sworn under oath, deposes and says: 1. I am PETE G. WHITEHEAD who is a Managing Member of Eagle Legacy, LLC, whose mailing address is 308 Main Street, Ilailey, ID 83333 ("Eagle Legacy, LLC"). 2. Eagle Legacy, LLC, is the fee simple owner of the parcel of real property described on Exhibit A. attached hereto (the "Property"). 3. Eagle Legacy, LLC, authorizes the submission of the Property to certain Development Agreement dated 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 Pete G. Whitehead, Eagle Legacy, LLC. (the "Agreement"). DATED this2 S day of �� , 2018. By: Eagle Legacy, LLC Pete G. Whitehead, Managing Member SUBSCRIBED AND SWORN to before me this ZS day of Jai, SANDRA EHRMANTRAUT Notary Public State of Idaho , 2018. Notary Public for Idaho Residing at ��� My Commission expires `-'.o , Idaho Page 1 of 1 K .Planning Uep\k :gee Applications\SUBS120151Ftedstune Ranch Sunda affidavit do [4.011, 9 hie,./• oorow• now," • woo • - p .1 1 ' t/ • • • •J- • -- • ----- • 7 40 RIGHT-0[WA PRELIMINARY DEVELOPMENT FEATURES ?q,LL_Et: • P-3 C.6,1 •,(1. 1-0.1011 .32411/ 211-'0444;111 IMOD JAY( FRI A SI1•11.1 twa • •••,1 ocoe rot atoff. sa_mthritts r.•71,•1 APII1 MCC, NALL COI, NOTES Sooll ort • Olowohllo - nf UnAr, 011 Ylofx.7. SMUT •••••••011 MAKI. RECEIVED & FILED CITY OF EAGLE JUL 2 0 2016 to, Lr+r .• ***** •EP LOA I ..,1•C P•octi./1.01 11111 1,S(141, g A151101, ',WC UK Cf •1.1, .,11.14 Sue.. Srp, to. - • — • • • - • - oSlitif, wood oAP on.,•n o 40 E. 01 oSTIo r. ....10.1r. e (ULM, .1•MI.. 1 C01111, IN.4111 to, r AIN FIASIX • 0 rn 11 oJ 11 H n 11.1111111i [DEALT .......anytir•frE ••••11110.1.1. •••.7 MOM ..••411..tal• Ana .1111.1441,4 we 44141 az• 114W Naar r.4 N▪ AVIN MI O Lit ME4n1111444TAMT • NISM PRELIMINARY PLAT MAP REDSTONE RANCH SUBDIVISION 7, MKS I MB (al 411%. r4 arms sou MARS 2441444104 et riN1104 SI In RV ',If 144714.44,' 1.1104 14111146111 IMAM 4ril ;Mt Mil MIRKY CHYO#U&LAIJ MOW, NUM •