Development Agreement - 2023 - James Annexation Rezone - 5/9/2023Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=11 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2023-028079
05/16/2023 10:41 AM
NO FEE
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 munieipai corporation in the State of Idaho ("City"), by and through its
Mayor, and NEIL AND ANGELA JAMES. ("Owner").
RECITALS
WHEREAS, the Owrier is the owner of record of certain real estate identified as Ada County
parcel No. R3046210305 ("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-17-22;
WHEREAS, the proposed development includes properties within an area currently zoned RR.
(Rural Residential Ada County designation); and
WHEREAS, the Owner desires a R-E-DA (Residential -Estates 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 development upon the Property must be limited with the use
of a development agreement to prevent undue darnage 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 with a developtnent
agreement) zoning designation for the Property with the requirements set forth in this Development
Agreement; and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Properly to a
Development Agreement (Exhibit BI-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.
AGREEMENT
In consideration of the mutual covenants contained herein, the parties 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 11
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-E-DA (Residential with a development agreement), 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 itt
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, andier any
conditional use permits, if applicable, and any other applicable applications as may he 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 with 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 Owner shall address the site specific conditions of approval of the lot line adjustment (LEA-05-
22) and present a record of survey tnylar ready for signature by the City Clerk- prior to the adoption
of an ordinance for annexation and rezone of the Property.
3.4 Upon recordation of the lot line adjustment (LLA-05-22) no additional dwelling units shall he
constructed on the site.
No structures shall be constructed within the 215-foot wide building setback as identified on the
Garrigan Estates Subdivision No. :2 final plat and the recorded building setback document
(Instrument #9009106).
3,6 Owner shall dedicate a landscape maintenance easement area (in favor of the property owner of
4951 North Hawkcrest Lane) within the eastern portion of Lot 6, Block. 1, Garrigan Estates
Subdivision No. 2, proposed to be included with the Property as part of City of Eagle application
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#LLA-05-22, The Owner shall record the landscape maintenance easement area. Upon recordation
of the landscape maintenance easement area, the recorded document should he noted on the lot line
adjustment record of survey prior to recordation.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Ari 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 81-82) 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
DEFA U LT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City 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, City 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 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 he invalid or
unenforceable shall be re -negotiated in good faith between Owner(s) (or other appropriate party) and
City.
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 arid 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 hound by and liable for ail 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. Aleading.s. 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 Le/Representation. Both the Owner and City 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;
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner:
Neil and Angela James
4940 North Hawk Wing Lane
Eagle, ID 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall he 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 0,venty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City 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,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City. City 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, and if the Owner fails to make payment for such fees when
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actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure
from City, City 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 ofcredit), 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, City shall release to the Owner the unused portion of the cash
deposit or the letter ofcredit, as applicable. City'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 reimburse:Tient 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 Attornev. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable t .y's fees in addition to other relief which a court of competent
jurisdiction may award,
8,9 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 Authoritv 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 LI.C) action, and necessary corporate (or
EEC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8,1 1 Terminatione If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date,
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 1 day
AA
Tracy E. Os159th, ;ity Clerk
STATE OF IDAHO )
ss.
County of Ada
, 2023.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws ofthe State of Idaho
ce, Mayor
••71;
'a*,1
adt)
* • *
**.3
0#'*
On this day of n‘ 4"4 , in the year .it) 1.7), before me, the undersigned, a Notary
Public in and for said State, persoAally appeared JASON PIERCE, known to me to be the MAYOR of
said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the
S a Ill e.
In witness whereof. I have hereunto set my hand and affixed my official seal the day and year first
written.
No
Residing at:
'e
Cka)it --XVI 0
My Commission Expires:
OWNERS:
By: .
Neil James /
By:
thte1a ja&S
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K Tiannutg DepoEagle AppitcanonsARMA,2022'James Annexation RezonetWorkIng Fliest3ames Annexation-, Rezone da nn ins vnt dot:
STATE OF IDAHO
: SS.
Count3,, of Ada
On this j "day of /( . 2023, before the undersit nod notary public in and I`o
the said state, personally appear JA_MES, known or identified to me to be an 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
-n.
Notary Public for Idaho
Residing at: :-etc
My Commission Expires:
STATE OF IDAHO )
:ss.
County of Ada )
On this / 2' `day of ( '; _ , 2023, before the undersigned notary public in and for
the said state, personally appeared NGELA .TAMES, known or identified to the to be an 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
Notary Public for Idaho
Residing
My Commission Expires:
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Exhibit "A"
Annexation Description
A parcel of land being portions of Lots 2 & 3, Block 1, Garrigan Estates Subdivision, as
recorded in Book 78 of Plats at Pages 8320-8321, records of Ada County, Idaho, and
lying in a portion of the SW1/4 SE1/4 of Section 26, T.5N., R.1W., Boise Meridian, Ada
County, Idaho, said parcel being more particularly described as follows:
Commencing at a found 5/8" iron pin lying along the centerline of N. Hawk Wing Lane,
said pin also Tying along a non -tangent curve to the left and marking the SW Corner of
said Lot 3, Block 1, Carrigan Estates Subdivision, as recorded in Book 78 of Plats at
Pages 8320-8321, records of Ada County, Idaho, and lying in a portion of the SW1/4
SE1/4 of Section 26, T.5N., R.1W., Boise Meridian, Ada County, Idaho, said pin also
marking THE REAL POINT OF BEGINNING;
thence along the saki centerline of N. Hawk Wing Lane and the westerly boundary of
said Lot 3, Block 1, Carrigan Estates Subdivision, the following courses and distances:
along said non -tangent curve to the left a distance of 29.40 feet, said curve having a
delta of 21'03'12", a radius of 80.00 feet and a long chord of 29.23 feet which bears
N.48°23'32"W. to a found 5/8" iron pin marking a point of non -tangent reverse curve to
the right;
thence along said non -tangent reverse curve to the right a distance of 224.64 feet, said
curve having a delta of 32°10'38", a radius of 400.00 feet and a long chord of 221.70
feet which bears N.42°49'51 "W. to a found 5/8" iron pin lying along the westerly
boundary of said Lot 2, Block 1, Carrigan Estates Subdivision;
thence leaving the said centerline of N. Hawk Wing Lane and the said westerly
boundary of Lot 2, Block 1, Carrigan Estates Subdivision, N.68°10'01"E. 194.30 feet to
a found 5/8" iron pin;
thence S.31 °44'01 "E. 54.54 feet to a found 3/4" iron pin;
thence S.89°10`56"E. 85.80 feet to a found 1/2" iron pin;
thence S.00°31'51 "W. 97.15 feet to a found 5/8" iron pin;
thence S.47°56'31 "W. 163.47 to the point of beginning, containing 1.01 acres, more or
less.
SUBJECT TO AND/OR TOGETHER WITH:
Any easements or rights of way of record or in use.
James Annex Page 1 of 1
EXHIBIT "B-1"
Affidavit of NEIL JA
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County ofAda
NEIL JAMES, who being first duly sworn under oath. deposes and says:
1. I am NEIL JAMES, whose mailing address is 4940 North Hawk Wing Lane, Eagle,
Idaho 83616.
2. NEIL JAMES is a fee simple owner of the parcel of real property described on Exhibit
A, attached hereto (the "Property").
3. NEIL JAMES authoriz s the submission of the Property to certain Development
Agreement dated the ;Ii, ":'"day of i v , 2023, by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Wefl James (the "Agreement").
DATED this day of
By:
Neil James
SUBSCRIBED AND SWORN to before me this
of
Notary Public for idahc
Residing at
My Commission expires
, 2023.
. Idaho
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EXHIBIT "B-2"
Affidavit of ANGELA JAMES
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) SS.
County of Ada
ANGELA JAMES, who being first. duly sworn under oath, deposes and says:
1. I am ANGELA JAMES, whose mailing address is 4940 North Hawk Wing Lane,
Eagle, Idaho 83616.
2. ANGELA JAMES is a fee simple owner of the parcel of real property described on
Exhibit A, attached hereto (the "Property").
3. ANGELA JAMES authorizes the submission of the Property to certain Development
Agreement dated the day of 2023, by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Angela James (the "Agreement").
DATED this 11 ' av of ‘../1 , 2023.
By:
Angela'4nes
SUBSCRIBED AND SWORN to before me this
eLz
ay of fria.rd , 023.
Notary Public for Idaho
Residing at _k14_1_ Ja:04-1.4 7
My Commission expires c
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60
30
e A,
60
120
SCALE IN FEET
Exhibit "C"
-56
5.89'10'56"E.
4940 N. HAWK, WiNG LANE
PART OF LOTS 2 & 3, BLOCK 1,
CARRIGAN ESTATES SUBDIVISION
CURVE DATA
CURVE DELTA RADIUS ARC CHORD CH. BEARING
Ci 21'03'12" 80.00' 2940' 29.23' N.48'23'32"W.
C2 3210'3E3" 400.00' 224,64' 221.70' N.4249'51"W.
LEGEND
SUBJECT PROPERTY LINE
OTHER PROPERTY LINE
CENTERLINE
FOUND 5/8" IRON P€N
FOUND 1 /2" IRON PIN
FOUND 3/4" IRON PIN
JAMES ANNEXATION EXHIBIT
A PARCEL OF LAND BEING A PORTION OF
LOTS 2 & 3, BLOCK 1, CARRIGAN ESTATES SUBDIVISION,
RECORDED IN BOOK 78 OF PLATS AT PAGES 8320- 8321,
RECORDS OF ADA COUNTY, IDAHO AND LYING IN THE
SW1 /4 SE1/4 OE SECTION 28, T.5N.,
BOISE MERIDIAN, ADA COUNTY, IDAHO
2023
1.01 ACRES
W. HOMER ROAD
6W-um 10.viik:,
°
0
MARKS LAND SURVEYING, LLC
COLLEEN MARKS, LS 7045
2995 N. COLE ROAD STE. 240
BOISE, IDAHO 83704
PH: (208) 378-7703
DATE 04/18/23 I DRAWN BY; Ale I JAMES ANNEX EXHEBIT.dwg