Development Agreement - 2018 - HCR Level 3 Subdivision Phase 3 - 8/29/2018Recording 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 2018-084508
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 091061201811:00 AM
EAGLE CITY NO FEE
111111 111111 IIIIIIIIIIIIIIII 1111111 111111 II I II III
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 MWDF 565, LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 5335 West 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-02-16; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County Designation); and
WHEREAS, the Owner desires a R -4 -DA -P (Residential with a development agreement — PUD)
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 -4 -DA -P (Residential with a development
agreement — PUD) 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
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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 -4 -DA -P ("Residential with a development agreement — PUD"), 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 1I1
CONDITIONS ON DEVELOPMENT
3.1 The maximum density for the Property shall be 1.78 -dwelling units per acre (7 single-family
residential lots).
3.2 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.
3.3 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.
3.4 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, pressurized irrigation facilities, and amenities. Owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space or street side corner lots 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.
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(c) 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.
3.5 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer, at the
time of the final plat review shall be dedicated to the public and shall only be constructed on rights
of way or easements. Easements or permits secured for the main extension shall be obtained in the
name of the City, along with all rights and title to the main at the time of service is provided to the
customer paying for the extension. Water mains shall be extended by the applicant to the north, east,
and west boundaries of the development or as otherwise designated by the City Engineer where
future water system extensions are expected to occur.
3.6 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 prior to the submittal
of a final plat application. 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 use.
3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within all common areas throughout the development, 3) elevation plans
for all proposed common area structures and irrigation pump house (if proposed), 4) landscape
screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic
tables, covered shelters, benches, playground equipment, gazebos, fire pits, and/or similar amenities,
6) design of ponds to be constructed in reference to mosquito abatement. The design review
application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal
of a final plat application.
3.8 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Army Corps of Engineers,
Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if
app 1 icable), Ada County, and any other appropriate governmental agencies, and shall be in
accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and
improvement of the Property shall comply with rules and regulations pertaining to regulated
wetlands prior to submittal of a final plat application.
3.9 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum 1 0 -foot wide concrete pathway along the portion of the Property located adjacent
to West State Street (SH -44) and a 10 -foot wide greenbelt pathway, improved with compacted
crushed cinders, located adjacent to the Boise River prior the City Clerk signing the final plat. A
surety for the construction of the pathways will not be accepted, therefore the pathways shall be
completed prior to the City Clerk signing the final plat. The specific location and design of the
pathways shall be approved by the City of Eagle Park and Pathway Development Commission prior
to submittal of a design review application. The cinder material utilized for the greenbelt pathway
shall be reviewed and approved by the City of Eagle Parks and Recreation Director prior to
installation of the cinder material. The pathways shall be located in a recorded easement or
easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
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(2). The instrument number of the recorded easement or easements shall be referenced on the face of
the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any
pathways approved by Eagle, development within the Floodway shall be prohibited.
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 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
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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:
M W DF 565 Riverwalk. LLC
Attn: Andrew Menlove
357 West 200 South #200
Salt Lake City, Utah 84101
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
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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.
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 AI?reement: 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 4-1...A04(20 I 8.
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ATTEST: :• 64,4 ''IT411n''O
Sharon K. Bergmann, City C)Ierk
STATE OF 11Tkf )
ss.
CITY OF EAGLE, a municipal corporation organized
and existit under the laws of thp.State of Idaho
By: L�
Stan Ridgeway. Mayor
OWNER:
MWDF 565 Riverwalk, LLC (a Utah limited liability
company)
By:
Andre M eve. Manager
County of5� )
On this a6?' day of , 2018, before the undersigned notary public in and for
the said state, personally appeared ANDREW MENLOVE, known or identified to me to be the Manager of
MWDF 565 Riverwalk, LLC, owners of the property referenced herein and the persons who executed the
foregoing instrument.
written.
IN WITNESS WHEREOF. 1 have hereunto set my hand and seal the day and year first above
Notary Ptefogy ,.4
Residing at: ,
My Commission Expires: Er787202/
KELLEY L DIXON
Nn' i,y Public -State of Nevada
oPT NO 17-3278-1
OR 08-20:71
aw�xn-F.m-ase-.�.r;nx4+rsv.�.. macs.
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December 15, 2015
Project No. 115186
Exhibit "A"
HELTON/NORD ANNEXATION DESCRIPTION
Page 1 of 1
RECEIVED & FILED
CITY OF EAGLE
FEB 2 9 2016
File:
Route tr•
A parcel of land located in the Southeast One Quarter of Section 11 and the Northeast One Quarter
of Section 14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
Commencing at the Section Corner common to Sections 11, 12, 13 and 14 of said Township 4 North,
Range 1 West, (from which point the East One Quarter Corner of said Section 11 bears North
00°49'22" East a distance of 2645.46 feet distant);
Thence from said Section Corner, South 75°31'08" West a distance of 1521.45 feet to the POINT OF
BEGINNING;
Thence South 82°35'37" West a distance of 233.80 feet;
Thence North 00°44'37" East a distance of 401.48 feet;
Thence South 89°51'03" East a distance of 36.90 feet;
Thence North 04°45'23" West a distance of 384.10 feet to a point on the southerly right of
way line of West State Street (State Highway 44);
Thence North 14°45'26" West a distance of 60.00 feet to the centerline of West State Street
(State Highway 44);
Thence 55.44 feet on the arc of a curve to the left, said curve having a radius of 13,750.99
feet, a central angle of 00°13"52", a chord bearing of North 75°07'38" East, and a chord
distance of 55.44 feet on said centerline;
Thence North 75°00'56" East a distance of 195.86 feet on said centerline;
Thence leaving said centerline, South 00°23'11" West a distance of 876.91 feet to the point
of beginning.
The above-described parcel contains 4.38 acres more or less.
Prepared By:
THE LAND GROUP, INC.
James R. Washburn
• www.01Wat}riernrspiric (.nrn
EXHIBIT "B"
Affidavit of ANDREW MENLOVE on behalf of MWUR 565 Riverwalk, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF -1- )
) ss.
County of Sairtuk7 )
ANDREW MENLOVE, who being first duly sworn under oath, deposes and says:
1. I am ANDREW MENLOVE who is the Manager of MWDF 565 Riverwalk, LLC (a
Utah limited liability company), whose mailing address is 357 West 200 South, Salt Lake City, Utah
84101 (`"MWDF 565 Riverwalk, LLC").
2. MWDF 565 Riverwalk. LLC is a fee simple owner of the parcel of real property
described on Exhibit A, attached hereto (the 'Property").
3. MWDF 565 Riverwalk. LLC auth9rizes the submission of the Property to certain
Development Agreement dated the 2-11- day of u -,1— , 2018 pursuant to the provisions set
forth in Idaho Code Section 67-651 IA and Eagle City Code Section 8-10-1, by and between the City of
Eagle, a municipal corporation in the State of Idaho, and Andrew Menlove, MWDF 565 Riverwalk, LLC
(the "Agreement").
DATED this '2. tday of , 2018.
By: MWDF 565 Riverwalk, LLC
By:
Ani'rew Menlove, Manager
SUBSCRIBED AND SWORN to before me thisPldcl—ay of// . 2018.
ry611F6/44 /
49
Notar ' ISP'..- . : tN-/ffica41.
Residing at
My Commissionion exptres�� j Z/
�.�yjla KELLEY L DIXON
„ •• Nol; ry Public -State 01 Nevada
•1:i..:4,..0 •\PFT NO. 17 3278-1
y 1)11t. ; ,•;e. os q1 -C. E-7 Yi 1
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