Development Agreement - 2023 - Willowbrush Subdivision - 6/28/2023Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.0, Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple 2023-038224
BOISEIDAHO Pgs=13 CHE FOWLER 07/03/2023 09:33 AM
CITY OF EAGLE, IDAHO NO FEE
DEVELOPMENT AGRFEMENT
For Recording Purposes Do
Not Write Above This Line
This Development Agreement, made and entered into on the date as indicaled herein, by and
between the CITY OF EAGLE, a trainilcipal corporation in the State of Idaho ("City"), by and thiough its
Mayor, and 'Y'll ILOSTRAC ER, LLC. (-O,,vrier").
RE
'WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel No. S040121243-5 ("Property"'), as specifically defined In the attached legal description (Exhibit
Al which is the subject of an application fb.- Rezone identified as Rezone Application No. RZ-05-22,
WHEREAS, the proposed development includes properties within an area currently zoned RL"T
(Rural --Urban Transition -- Ada County desis-n. ation): and
WHEREAS, the Ovoier desires a R--1-DA-P (Residential with a development agreement — PUD)
zoning classifwalloT.to develop a residential use on the above described property, which is herein referred
w as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the Cily Council of Eagle have
detemlined that the scope of any residential dcveh-,)pmcnt upon the Property must be limited witli the use
of a development agreement to prevent uodue damage to, and to otherwise be in hamlony with, the existing
community,- and
WHEREAS, the intent of this Development Agreement is to protect the right,, of Owner's use and
en;oyment of the Property while at the same 'lime limiting any adverse finpacts of the development upon
neiLdiborina properties ai d the existing c ii nitv and ensuring the Property is developed in a tn3nner
.1 on niu
consistent -,,vitb Eagle's Corriprebensive Plan an(] City Code; acid
WHEREAS, the Owner has agreed to the use restrictions and other hinitationsse! forth herein upon
the use and development of the Property and has consented to a R--2-DA-P (Residential with a development
agreement --- PUID) zoning designation for the Property with lhe requircroents set forth in this Develop -Dent
Ag-.eetn1-nt; and
NVEIEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement 'Exhibit R) pursuant to Eagle City Code Section 8-10-.1(C)(1) and be bound by
satme; and
Page I of 9
K:Tlann,ng DpfF:�ie Sul) d, zc ,,! --Joc
WHEREAS, all exhibit mentioned herein are attached heretc, and are. u3corporated herein by
refe-repce.
AGREEMENT
In consideration of thernutual covenants contalioed herein, the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Develop -Vent Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A arid Eagle City Code, Title 9, Chapter 10.
ARTICLE 11
ZONING ORDTNANCE AMENDMENT
The City will adoptan ordinance amending the Eagle Zoning Ordinance to tezone the Property that is the
subject of the application to the R-2-IAA-P (Residential with a developrnent agreernent — PUD), after
recordation of, and subject to the previsions of this Development Agreemerri, The ordinance willl become
e "fective after its passage, approval, and pu-blication and the execution and recordat-ion of this
f I p
Development Agreement.
AR,rICLE 1111
CONDITIONS ON DFVEIS-:OPMENT
3.1 The maxinnan density for the Property shall be 1.61 dwelling units per acre (8 single -fay il-V lots).
3.2 Owner will devetop the Property subject to the conditions and InnitatiOns sit forth in this
Development Agreement. Further-, Owner will subinit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, anid/nr 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 rriade except as otherwise provided within this Agreement-
3.3 The Concept Plan (Exhibit Q represents the Owner's corrent concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that. certain changes in that concept
3-pay occur. If the City determines that any such changes require additional public comment due to
Potential impacts oil surrcmnding 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 Citly.
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 owned
landscaping, pressurized irrigation -.Pic"fities, fences shown, and amenities. 'The owner shalt
provide an operation and maintenance mainial including the funding, inechanisin as an
addendum to the CC&Rs and the repair and maintenance requirernent shall run with the land
and that the re cluirernent cannot be modified and that the homeowner's assoiliation or other
entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be 'Installed as shown fin the Fencing Plan (Exhibit D). All
other fencing (i.e, dog-eared cedar fepcing, chainhink) shall be prohibited.
(c) A rnainienance manual for the streetlights) requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacer nent of the fixtu're'ativ
associated electrical supply, and light bulbs, in perpetuity.
Palue') ol'9
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(d) A requirement that in the event, any of the CC&R,s are less restrictive than any goverarnent
rules, regulations or ordinances, Ebert 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 as governmental rule. regulatiOn, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deerned to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 A letter of approval shall be provided to the City frorn the Eagle Sewer District indicating that the
property has beer annexed into the Eagle Sewer District's service boundaries prior to the subinimal
of a final plat application. Owner shall comply with
all applicable Eagle Sewer District's
regulations, and conditions prior to the subrnatal 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.
3.6 Owner shall submit a design review application showing at a rnininium: 1) proposed development
signage, 2) planting details within the all cornmonwreas throughout the development, 33 landscape
screermig details and bulring f6r Epic common lots located adjacent to North Park Lane and West
Beacon Light Road, 4) elevation plates for all proposed common area stnictutes and irrigation pump
house (if proposed), 5) landscape screening details of the irrigation purnp house (if proposed), and
6), useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar
amenities, The design review application shall be reviewed and approved by the Design Review
Boardand City Council prior to the submittal of a final plat applimio.n.
3.7 Owner shall provide a detailed arborist report and a tree inventory niap identifying all existing trees
located on -site. The report shall identify, at a iminitnun), species, size, and health of the trees. The
arborist report and reap shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of thL.
subdivision or mitiiiated Prior To removal of the trees. _-No trees shall be removed ifiroin the site prior
to city approval of :1 tree removal and replacement plan.
M In conjunction with 3.7 above, all living, trees shall, be preserved, unless otherwise determined bye the
Design Review Board. A detailed landscape plan showing how the trees will be integrated into tine
open space areas (unless approved for removal and roillgation by the Design Review Board) shall
be provided for Design Review Board approval prior lei the submittal of a final plat application.
3,9 Owner shall place a 4'x8' subdivision sign(s) containing infbri-nation regarding the proposed
deve'opment. The subdivision sign(s), shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be 'located on the Property maside of the public right-of-way
and reinam clearly visible from the roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY ONVNERS
An affidavit of the owner(s) o4fthe property is attached hereto and. incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound the el y, and comply
with and be bound by the provisions set florth, in Idaho Code Section 67-65 1 IA and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
Page 3 ofl)
Sub e4, s IN vo.J.c
ART T J_'F 'V
1) E -F I AULT
5,1 In the event the Owners -ffiil to comply with the cornmilments set forth hereir, within thirty (30)
days of written notice of such failure from City, City shall have the right, without pre udice to any
other rights or remedies, to cure such default or enjoin suc-11 violation and otherwise enforce the
requirernents contained in this Developinent Agreement or to teTrninate the Development
Agreement following the process established in Eagle City Code Section 8-10-AL
5. If required to proceed in a court of law or equity to enforce any provision of this Develoinnent
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
erdoin such default and to enforce, the commitments contained in this Development Agreement,
including attorneys tees and court costs.
53 If the tems of this Development Agreement expires prior to coiripletion of the Conditions of
Development or without an arpendment to this Agre. enient for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67 !-.6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be I'Mited to those uses allowed witliin at,
A-R (Agricultural'-Residential'i zoning designation until City enacts and records an ordmance
changing the property to the A-R (Aicuftllral-Residctit-1131) zonin'o designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 53 above, if any term, provision, conlinitirient, 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 insiruirtern shall ne-vertheless remain in fW1 force an(' effect and that
portion detemlined to be invalid or unenfbi-ceable shall be re -negotiated in good faith between Owner(s)
(Or 0tbCrqppf0pTiate part ) and City.
ARTICLE VII
ASSIGNMENT AND TRANNSFER
After its execution, the Development AgreMICTA shall be recorded in the office of the County Recorder at
the expense of tile Owner. Each conim itin ent and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the beriefiE of the Property, adjacent property, and other
residential property near the Property and shall run with the land. 'This Developnient 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 ..rising 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 -,-or all conlinitments and other obligations arising under this
Agreement with respect to the Property or portion thereof
ARTICLE 'III
GENERAL MATTERS
8,1 Amendments. Anv alteration or change to this Development Agreement shall be niadle only, after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-11.
Page 4 of 9
0—:.pm— Sah& ecffi! — d-
8.2 PaLagKqp This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. 'I itles and captions are for convenience only and
shall not constitute i. portion of this Development Agreement. As used in this Development
A , greernent, masculine, feminine or neuter gender and the singular of plural number shall each be
deemed to include the others wherever and whenever the coniext so dictates,
8.3 Cboice of Law. This Development Agreement shall be construed in accordance with the laws of
C�
the State of Idaho in effect at the time of the; execution of 'his Development AgreemcnL Airy action
brought in connection wide this Development Agreement shall be brought in a coutl of competent
jurisdiction located in Ada County, Idaho.
SA Le2al Renresentafion. Both the Ownerand City acknowledge that they each have been represented
by legal counsel. In ne-gotiatirig +,his Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which as party niay 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
?-I
the party to whom the notice is directed at the address of such party set forth belov";
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owncr: TH Lost River, LLC
A 'I fl. : Carl Baker
2973 North Eagle Road, Suite 110
Meridian, ID 83646
Or such other address and to such other persons as the parties may hereafter designate. Any such
H be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
notice shall I I
deposit in the United States mail, if sent by hail pursuant to the foregoing, oT twenty-l"our (24)
hours after firriely deposit with a reputable overnight delivery service,
8.6 Financial Assurance. In addition to the other remedies afilorded City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney and the enginecring f6es, together with interest accrued 1hereon. City shall provide to the
Owner an estimate for the anticipated artorticy fees and engineering fees associated with this
Agreement. The Owner shall pro -Ode a cash deposit, 1.0tcr 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
payme.nts for such fees as incurred by City and a-, invoiced to the Owner or, if Owner has made a cash
deposit with City, City may draw on the deposit to pay itsiiivoillc. I` the 6-riancial assurance deposited
by 0wrter is in the form o Ila letter of credit, and if the Owner fails to make payment i6r such fees, when
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 airnount of the then current balance of the financial
assurance (whether it be in the form of a cash deposit or a letter of credif ' ), the Owner shall rep lenisli the
6-Tu,mcial assurance and shall becorrie current as to all outstanding -fees owed. Upon pay-trien, in `till of
all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash
deposit or the letter of credit, as applicable. City's draw upon the firtancialassui-ance under this Section
age
5 oF9
KAPIn.m. Dt,rt\,Esg;z pl-,-202 Sub da cc ffii vendee
shall not preclude it frorn exercising any of the otl her riohls and reinedies afforded it it. Artiek V or in
Seel ion 83,
8.7 Default. In the event Owiici fails to coinply with the terms and conditions hereof in any material
respect, the City rnay, witliout further notice to Owner, exercise any or all or 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 PrQject
and record a notice of such action with She Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project-.
E. Withhold reirnbursernent of Project Rixety/fInanciall guarantee of perf-curtriance collected
pursuant to Section 9-4-2-2 of the City Code;
E Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity,
All o,'the above remedies are cimiulative and to the extent not wholly inconsistent with each other,
inlay be -enforced sirnultane-ously or separately, at. the sole discretion 01f
I the City,
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorneys fees in addition 1.0 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
is agreement by both parties.
8JO Authoritv to Epter Into Mrecmerrt: By the execution and delivery
of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acluiowledge such action
has been duly authorized by all necessary corporate (or L.I.0 action., and necessary corporate (or
LLC) rcsolution(s; have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
8.11 Termination. If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date,
Page 6 of 9
TNWFTNESS WHEREOF, the panties have executed this Development Apreement.
DATED this&-- day okka4l '2023.
CITY OF EAGLE, a municipal corporatitan organized
and existing under th of the State o I 1daho
By:_
---------- --------- ---
c, Mayor
00-t"
Ur
Tracy E. (�OoAn' city Clerk
STATE OF IDAHO
Countv of Ada
v
Or this day of iri the year 2023, before me, the undersigned, a Notary
Public in and for said State, personally appeared JASON PIERCE, known to me to be the MAYOR of
said municipal corporation that executed this instrument and the person-,, who executed the said
instrui-.ient on behalf of said cot oration, and :1ckr.-o-,vlcdg-d1 to ane that. such corporation executed the
same.
Irt witness whereof, I have hereunto se my band and affixed my official seal -he day and year first
written.
CS
"Oft Notary TYblic
VA Residing at: k'
m f� law My Conunission
PUBLIC'
N 51.
of
Page 7 o f 9
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OWNER:
TH LOST RIVER, LLB', an Idaho limited liability
STATE OF IDAHO
ss.
County of Ada
Or, this .4, 1 S-t day of Y\ 2023, before the undersigned notary public inandfor
----------
the said state, personally appeared CARL BAKER, known and identified to ire to be a Member of'TH
LOST RIVER, LLB;, known or identified to me to be the owners of the property referenced herein and the
persons who executed the foregi--iing instrurnept.
IN' WITNESS WHEREOF, I have hereunto Set My hand and seal the day and year first above
written.
Lary Public or Idaho
1
Residing at:.
021
NOTAIRY NJ61-K
My C-orn.- ission Expires:
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Page 8 of 9
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INDEX OF EXHIBITS
A
T
Legal Description
B
Affidavit of Owner
c
Concept Plan
D
Fencin,g Plan
Page 9 0r9
K-',P1,nmi,g Do"E,,d, e. a m Sul�d;,ii.,i',L)A',W,ilt,,Ii '5ul, �4�
Exhibit "A"
ACKERMAN
ESTVOLD
WWWACKERMAN-ESTVOLD.Com
June 27, 2022
Willowbrush Subdivision Annexation and Rezone to R-2DA-P
Legal Description
2795 N Park Lane
Eagle, ID 83616
A parcel of land being a portion of US Government Lot 3 Section 1, T, 4N.. R.1W, Boise-Veridian, Ada County,
Idaho, more particularly described as follows:
BEGINNING at the north quarter corner of said Section I thence on the north -south quarter line 500954'42'W
a distance of 47137 feet, thence N89q36'17"W a distance of 465.13 feet to a point on the centerline of Dry
Creek Canal; thence of said centerline N10208'54"W a distance of 65.84 feet; thence N335?16'24'W a distance
of 173.32 feet; thence N08235'29"W a distance of 44.80 feet; thence N0093U29'E a distance of 222.06 feet to
a point on the north line of said Section 1; thence on said north line 5899?13'07"E a distance of 584.09 feet to
the POINT OF BEGINNING.
The above described parcel contains 5.98 acres, more or less.
HEADQUARTERS 416.5 50TH AVE S 3210 27TH ST W
1907, 17TH ST SE SUITE 100 SUITE 260
MiNOT, ND 58701 FARGO, ND 58104 WMUSTON, ND S8801
701.837,117 37 701.551.1250 701.577.4127
7eifli W RIMSIDE OR
SUITE 102
GARDEN CITY, ID 83714
206,953.6470
EXHIBIT "B"
Affidavil of CARL BAKER on behalf of TH LOST RIVER, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
Ss.
Coutity of Ada
CARL Fj.kKER, who being first duly swornuinder oath, deposes and says:
1. I am CARL BAKER, who is a member of 'I'll LOST FJVER, LLC, Whose mailing
address is 2973 North Eagle Road, Meridian, Idaho, 83646 ("TH LOSTRIVER, LLC").
2. TH. Lost River, .11L.C, is the -fee simple owner ofthe parcel of real property described on
Exhibit A, attached bereto tthe "Property").
3. 717H LosT RIVER., LILC, authorizes the submission of the Property to certain
Developinept Agrecroctit dated the Z t day of 'So NL- 2023, pursuant to the provisions set
forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8- 10- 1, by and between the City of
Eagle, a municipal corporation in the State of Idaho, and Carl Baker, TH Lost River, LLC (the,
"Agreement").
DATED this J(Sf day of J V Y1 e
this -------- . -- , 2013
BY: Ti-i Lost River, LL.0
By: %
aker, Yleiri )eP,
SUBSCRIBED AND SWORN te, before me this -2154-days of "--/UYtV— 2021
---------------
TO,
IN; X-otary Public for Idaho -61,11
2 2 93 'Residing at Idaho
My Conmnss!on exptrcs 45'ell7l
Page I of I
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