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Development Agreement - 2018 - Hazen Ranch Subdivision - 10/1/2018Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Phil McGrane 2019-014126 BOISE IDAHO Pgs=11 DAN RYALLS 02/21/2019 03:38 PM EAGLE CITY NO FEE 1111111 lIIII1IIIIIIJ1IIIIIIIIIII80190014260160111 Ill 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 Hazen Ranch Estates, LLC ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at the east side of North Meridian Road at the southeast corner of West Caliber Court and North Meridian Road at 2044 and 2400 North Meridian Road, 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-01-18; 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 -E -DA (Residential -Estates with a development agreement) zoning classification to develop a residential subdivision 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 -E -DA (Residential -Estates 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 8 K:\Pta g Dept\Eagk Apppatiots\SUBS\201841azen Ranch Sub da a W ver.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 a R -E -DA (Residential -Estates with a development agreement) zoning classification after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 The maximum density of the Property shall be .48 -dwelling units per acre (17 -dwelling units). 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. The 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. A requirement for all fencing located adjacent to open space and 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. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (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 (b) Page 2 of 8 K:1Planning Dcpt\Eagle Apphcatioi\SUBS124181Hazen Ranch Sub da cc fr1 ver.doc 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 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands, 3) landscape screening details of the irrigation pump house (if proposed), 4) all proposed fencing throughout the development, and 5) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.6 If it is the intent of the Owner to construct a shared pressurized irrigation system with the adjacent subdivision, the Owner shall provide a revised Pressure Irrigation Assessment Report inclusive of the adjacent water shares and system information associated with the adjacent subdivision. To ensure that the pressurized irrigation system will be owned and operated by the property owners of the Property and the Catalpa Subdivision Homeowners Association, the Owner shall provide an operation and maintenance manual that also provides a funding mechanism for the replacement of pumps associated with the pressurized irrigation system. The Owner shall also provide a formalized agreement for a Joint Water Association system. The Pressure Irrigation System Report, operation and maintenance manual, and Joint Water Association Agreement shall be submitted with the final plat application. In the event Owner does not construct a shared pressurized irrigation system the Owner shall construct an independent system to serve the Property. 3.7 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan and replacement plan. 3.8 The minimum rear setback shall be 30 -feet; no rear setback waivers pursuant to Eagle City Code Section 8-2-4(A)(5) shall be permitted. 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. Page 3 of 8 K:1Planning DcptlEaglc Applications\SUBS120181Huen Ranch Sub da cc fnl ver.doc 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, 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 (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 the Owners its respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. 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 Development Agreement. Page 4 of 8 K:\Plawth g Dept\Eaglc Applications\SUBS\2018\Hazen Ranch Sub da cc fnl vcr.doc 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: Hazen Ranch Estates, LLC Attn: Aaron B. Elton 3023 East Copper Point Drive, Suite 202 Meridian, Idaho 83642 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 Development 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 Development Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, 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; Page 5 of 8 K:\Ptanning Dept\Eagk Appiications\SUBS\2018\Hazen Ranch Sub da cc @d1 ver.doc 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 Development Agreement by both parties. 8.9 Authority to Enter Into Agreement: By the execution and delivery of this Development 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 Development Agreement and so bind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 1 day of 018. s - •• �.. (C(L_.._. • -: S o= • •• i \\, ••�1t Ti!2PUµ� •• � � ST••..••• is ATTEST: TE Ot. Sharon` K. Bergmann, CityClerik � CITY OF EAGLE, a municipal corporation organized and exi g under s of State of Idaho By: / Stan Ridgeway, Mayor OWNER: Hazen Ranch Estates, LLC By: Aaron B. Elton, Manager Page 6 of 8 K ''P!anmmg DeptEagk Appticatans'SUBS\2018 Hazen Ranch Sub da cc fol ver doc STATE OF IDAHO ) : ss. County of Ada On this 1 day of 0( 4-6 tY, I% , 2018, before the undersigned notary public in and for the said state, personally appeared AARON B. ELTON, known or identified to me to be the Manager of HAZEN RANCH ESTATES, LLC, owners 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. JEI-FtHY ALLEN MOUHE COMM NO. 20170025 NOTARY PUBLIC STATE OF IDAHO COMMISSION EXPIRES: JULY 03, 2023 tat, 9140v --- Notary ublic for Idaho Residing at: /vlcvl`dc)avt My Commission Expires: 7/A/2 - Page t A/2 Page 7 of 8 K Planning IhpI1 agle Apphcations`SUBSQ018111azen Ranch Sub da cc fnl ver.doc ZIZ'ITrOS .01.1 MMO:) :JSLO4 YilATOO OHAOI 10 eCy eBSilciXi; C.'VM INDEX OF EXHIBITS A Legal Description B - Affidavit of Owner C Concept Plan Page 8 of 8 KAM:tins DeptlEagIc ApplicationsISUBS120181Haun Ranch Sub da cc fat ver.doc Exhibit "A" DESCRIPTION FOR HAZEN RANCH SUBDIVISION A parcel of land being Government Lot 5 of Section 6, T.4N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the W1/4 comer of said Section 6 from which the NW corner of said Section 6 bears North 00°54'00" East, 2,685.14 feet; thence along the West boundary line of said Section 6 North 00°54'00" East, 1,342.55 feet to the NW corner of said Government Lot 5, said point also being the SW corner of Catalpa Subdivison as filed in Book 102 of Plats at Pages 13,560 through 13,563, records of Ada County, Idaho; thence along the South boundary line of said Catalpa Subdivision North 89°50'37" East, 1,128.79 feet to the SE corner of said Catalpa Subdivision and the NE comer of said Government Lot 5, said point also being on the West boundary line of Kensington Meadows Subdivision as filed in Book 60 of Plats at Pages 6,026 and 6,027, records of Ada County, Idaho; thence along said West boundary line South 00°24'35" East, 1,336.37 feet to the SW corner of said Kensington Meadows Subdivision and the SE corner of said Government Lot 5, said point also being the NE corner of Canterbury Subdivision No. 3 as filed in Book 78 of Plats at Pages 8,330 through 8,332, records of Ada County, Idaho: thence along the North boundary line of said Canterbury Subdivision No. 3 South 89°32'56" West, 1,159.47 feet to the REAL POINT OF BEGINNING. Containing 35.18 acres, more or less. Page 1 or 1 EXHIBIT "B" Affidavit of AARON B. ELTON on behalf of Hazen Ranch Estates, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada AARON B. ELTON, who being first duly sworn under oath, deposes and says: 1. I am AARON B. ELTON, who is a Manager of Hazen Ranch Estates, LLC, whose mailing address is 3023 East Copper Point Drive, Suite 202, Meridian, Idaho 83642 ("Hazen Ranch Estates, LLC"). 2. Hazen Ranch Estates, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, (the "Property"). 3. Hazen Ranch Estates, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67- 6511A and Eagle City Code Section 8-10-1 dated the I day of (i&,{-6, h.p, y , 2018 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Aaron B. Elton, Hazen Ranch Estates, LLC. (the "Agreement"). DATED this / day of 00a1j,p v , 2018. By: Hazen Ranch Estates, LLC By: Aaron B. Elton, Manager SUBSCRIBED AND SWORN to before me this / day of _Oc fa 176 r- , 2018. Notary Public Public for Idaho% Residing at Mew/ dla H _ , Idaho My Commission expires -1 /3 /Z 3 JthFLHY ALLEN MOORE COMM NO. 20170025 NOTARY PUBLIC STATE OF IDAHO MY =MISSION EXPIRES: JULY 03, 2023 Page 1 of 1 KAPlammng Dept'.Eagle Applications\SLBSQ0181Hazen Ranch Sub da affidavit doe PSQOrtOS .fav; MMO . 0LJ8Uq YRATOM 011A01 10 8TAU EWE ,stl '�Jl�i.:a I��C�• YSU{2amotO? r rEemS0( T. • ISO PRELIMINARY PLAT SHOWING HAZEN RANCH SUBDIVISION LOCATED IN GOV LOT 5 OF SECTION 6, T 4N . R 1E . 8.M . ADA COUNTY. IDAHO LANDSCAPE ARCHITECT 5000 0100101S ▪ 00005 W *.0 5105 201,312,90 PLANNER OWNER( DEVELOPER ENGINEER SURVEYOR 903 •011 0 0. 7515 Oat 10.0 10141._1011 ▪ 0.P cispho •C0r7 WO S.( 32/ ✓ E. 0IOW 101.35.45' P-1104PC 000 9010 OUP OW.0L4LA 1-C CNC 00004 ALS I. 0130 SW( 51 4 (011111090 5T SAO } OL01 1s WO. 0 01 O0 m fjl4/ 5V Rv nrVCL Muf NT fj/TI8[501\ tUl1l 1F71 11(6 Alf1 LOTS • 00..904/01.4 SP•CI LOIS 0 MS00014 LOTS }CAP. 017 RECEIVED & FILED CITY OF EAGLE JUN 25 2018 Elie :out€ to HCN}Y vlP v c 'A rI,-C. ,.1 11. moo, PAY Oa.11 MO= O 52' STANDARD RURAL STREET SECTION ID A 4M 943 301(0 0•0 01010.30.0 (07110 5903 914L DC 0*13[0 BE yL 0075 2 SLOOP, 04107[070'415 O 104 -r 7(0 700.(1 101 0 91'. P *w n7 11.01“1”4 0 (0/[004 DATE 0 FEB 195- 2000 3 unr1* 0430'. 5500 LWC 9011 DC n r{C00. 0 w0.. 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