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
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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)
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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.
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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.
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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;
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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.
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ATTEST:
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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
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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
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ZIZ'ITrOS .01.1 MMO:)
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INDEX OF EXHIBITS
A Legal Description
B - Affidavit of Owner
C Concept Plan
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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.
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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
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