Development Agreement - 2018 - Development Agreement For Park Lane Estates - 12/19/2018Recording 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
BOISE IDAHO Pgs=12 DAN RYALLS
EAGLE CITY
2019-014127
02/21/2019 03:39 PM
NO FEE
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IlIlIlIlIlIlIl 111
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 SE Beacon Park, LLC, and Jane Klosterman ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at the southeast corner
of North Park Lane and West Beacon Light Road at 2686 North Park Lane, 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-08-17; 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 -2 -DA -P (Residential with a development agreement — PUD)
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 -2 -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 affidavit(s) agreeing to submit the Property to a
Development Agreement (Exhibits B1 — B2) 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 67-6511A 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 a R -2 -DA -P (Residential with a development agreement — PUD) 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 for the Property shall be 1.78 -dwelling units per acre (20 -dwelling units
[inclusive of two additional dwelling units on the lot containing the existing residence]).
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.
(b) 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.
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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 Usable park amenities such as, pathways, picnic tables, gazebos, and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall also be reviewed and approved by the Design Review Board
prior to submittal of a final development plan/final plat.
3.6 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 uses. A letter of approval shall be provided
to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,
and/or Central District Health, prior to issuance of any building permits.
3.7 The existing dwelling unit may remain to be served by the individual well and septic system. If the
septic system is not completed located within the lot where the existing home is located the Owner
shall be required to connect to the central sewer system. Upon failure of the well or septic system or
redevelopment of the parcel, whichever occurs first, the Owner shall be required to connect to the
respective potable water or central sewer system.
3.8 The existing driveway providing access from North Park Lane to the existing dwelling unit located
at 2686 North Park Lane (Lot 13, Block 1, Park Lane Estates Subdivision, as shown on the
preliminary engineering plan, date stamped by the City on February 28, 2018) shall be permitted to
remain in place. Upon redevelopment of the lot associated with 2686 North Park Lane the driveway
providing access to North Park Lane shall be closed and access shall be provided via Charles Lane
(private).
3.9 The residential homes constructed on Lots 4-8, Block 1, Park Lane Estates Subdivision shall be
single -story, not to exceed 25 -feet in height.
3.10 Upon redevelopment of the lot located at 2686 North Park Lane, the property shall be limited to a
total of three (3) residences (inclusive of the existing residence).
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 (Exhibits B1 — B2) 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
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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, 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.
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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.
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(s): SE Beacon Park, LLC
Attn: Chad Bowers
P.O. Box 1014
Eagle, Idaho 83616
Jane Klosterman
2686 North Park Lane
Eagle, Idaho 83616
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 fmancial
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;
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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
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 IT day of�JCCP018.
CITY OF EAGLE, a municipal corporation organized
and exi 'ng under tl / ws of th State of Idaho
By:
Stan Ridgeway, Mayor
rgmann, Citi t OR
p Q qT�s •VWNER:
* • �.... t * iE Beacon Park, LLC
• SEALS •
ell
�%:/.71.t•OF��O.``*� Chad Bow ,Mem
OWNER:
By: •• L.
Jane Klosterman
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I\ Planning Dept f. axle Applications Ptdtttunay Development Plans 2u 17Pazk Lute Estates dub da cc tnl tei clot
STATE OF IDAHO )
. ss.
County of Ada )
On this 19 dayof �CC ' 2018,before the undersigned notary g public in and for
the said state, personally appeared CHAD BOWERS, known or identified to me to be a Member of SE
Beacon Park, LLC, owner(s) 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.
TINA CACOPARDO
COMIOIS8ION NUMBER 50398
NOTARY PUBLIC
State of Idaho
My OommIes on Expires 08/06/2019
STATE OF IDAHO )
. ss.
County of Ada
Notary Public for'Idaho 9/1C_
Residing at:
My Commission Expires:
On this 19 day of C ' , 2018, before the undersigned notary public in and for
the said state, personally appeared JANE KLOSTERMAN, known or identified to me to be the owner(s) 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.
TINA CACOPARDO
COMMISSION NUMBER 50398
NOTARY PUBLIC
State of Idaho
My Gommlesion Evros 08I06/2019
Notary Public for I6ah P
Residing at: l•✓G q �l�
My Commission Lx$ires:
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INDEX OF EXHIBITS
A - Legal Description
B 1-B2 - Affidavit(s) of Owner
C - Concept Plan
Page 8 of 8
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dAbi
Laid .Siaveying, LLC
Exhibit "A"
Sawtooth L
1': (208) 398-8104 F: (208) 398-8105
2030 5. Washington Ave., Emmett, ID 53617
November 17, 2017
Whitehorse Subdivision Annexation Description
RECEIVED & FILED
CITY OF EAGLE
NOV 3 0 2017
File:
Route to:
BASIS OF BEARING for this description is South 89°37'48" East, between an aluminum cap marking
the N 114 corner of Section 1 and an aluminum cap stamped "PLS 8960" marking the NE corner of
Section 1, both in T., 4 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land being all of Lot 1, Block 1 and all of that Right -of -Way for North Park Lane and West
Beacon Light Road, dedicated to the pubic with the Plat of Whitehorse Subdivision, on file in Book 80 of
Plats, at Page 8618, Official Records Ada County, Idaho, located in Govemment Lot 2 of Section 1,
T. 4 N., R. 1 W., B.M., Ada County, Idaho more particularly described as follows;
BEGINNING at an aluminum cap marking the NW corner of said Government Lot 2 (North 1/4 Corner)
of Section 1 which is also the intersection of the centerline of North Park Lane and the centerline of
W. Beacon Light Road;
Thence South 89°37'48" East, coincident with the north boundary line of said Government Lot 2 of
Section 1 and the centerline of West Beacon Light Road, a distance of 660.46 feet to the intersection of
said north boundary line of Section 1 and the northerly projection of the east boundary line of said
Lot 1, Block 1, Whitehorse Subdivision;
Thence South 0°29'42" West, coincident with said east boundary line of Lot 1, Block 1, Whitehorse
Subdivision and the northerly projection thereof, 947.86 feet a 5/8" rebar "PLS 14221", marking the
southeast corner of said Lot 1, Block 1, Whitehorse Subdivision;
Thence North 89°30'14" West, coincident with the south boundary line of said Lot 1, Biock 1,
Whitehorse Subdivision, 289.65 feet to a 5/8" rebar with no cap;
Thence North 0°29'46" East, coincident with the west boundary line of said Lot 1, Biock 1, Whitehorse
Subdivision, 250.00 feet to a 5/8" rebar with illegible cap;
Thence North 89°30'14" West, coincident with the south boundary line of said Lot 1, Block 1,
Whitehorse Subdivision and the westerly projection thereof, 370.75 feet to a 5/8" rebar with illegible cap
on the west boundary line of said Government Lot 2 and said centerline of North Park Lane;
Thence North 0°29'22" East, coincident with said west boundary line of Government Lot 2 of Section 1,
and said centerline of North Park Lane, 696.41feet to the POINT OF BEGINNING.
The above described parcel contains 12.231 acres, more or Tess.
Carl Porter. PLS
End Description
P:12017117129 -CHAD BOWERS ROS1Survey\Drawings\Descriptions117129 Annex.docx
Page 11
Date
EXHIBIT "B1"
Affidavit of CHAD BOWERS on behalf of SE Beacon Park, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
CHAD BOWERS, who being first duly sworn under oath, deposes and says:
1. I am CHAD BOWERS who is a Member of SE Beacon Park, LLC, whose mailing
address is P.O. Box 1014, Eagle, ID 83616 ("SE Beacon Park, LLC").
2. SE Beacon Park, LLC, is a fee simple owner of a portion of the parcel of real property
described on Exhibit A, attached hereto (the "Property").
3. SE Beacon Light, LLC, authorizes the submission of the Property to certain Development
Agreement dated the 1 q day of lir(, , 2018 pursuant to the provisions set forth in Idaho
Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Chad Bowers, Beacon Park, LLC (the "Agreement").
DATED this 1 1 day of ____OCC , 2018.
By: SE Beacon Park, LLC
Chad )veers, Manager
SUBSCRIBED AND SWORN to before me this /9 day of DC , 2018.
TINA CACOPARDO
COMMISSION NUMBER 50398
NOTARY PUBLIC
State of Idaho
My Oommiesion Expires 09/06/2019
Notary Public for Idaho
Residing at , Idaho
My Commission expires
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EXHIBIT "B2"
Affidavit of JANE KLOSTERMAN
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
JANE KLOSTERMAN, who being first duly sworn under oath, deposes and says:
1. I am JANE KLOSTERMAN, whose mailing address is 2686 North Park Lane, Eagle,
ID 83616 ("Jane Klosterman").
2. Jane Klosterman is a fee simple owner of a portion of the parcel of real property
described on Exhibit A, attached hereto (the "Property").
3. Jane Klosterman authorizes the submission of the Property to certain Development
Agreement dated the day of , 2018 pursuant to the provisions set forth in Idaho
Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Jane Klosterman (the "Agreement").
DATED this o7%qday of ,..5i3O-61(41/./r 2018.
By: Jane Klosterman
By:
Jau1e Klosterman
SUBSCRIBED AND SWORN to before me this Zti
:Comm.
20170993:
• s
OF Ott"
day of f D1- mD C f , 2018.
fTotary Public for Idaho
Residing at Ado Cn Idaho , Idaho
My Commission expires ill 2U / 2023
Page 1 of 1
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