Development Agreement - 2024 - Shetland Point Subdivision - 2/1/2024Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=13 VICTORIA BAILEY
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2024-005268
02/01/2024 01:53 PM
NO FEE
For Recording Purposes Do
Not Write Above This Line
This Development Agreetnent, 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 (-`City"), by and through its
Mayor, and OPUS DEVELOPMENT, LLC (`Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. S0412212410 and S04122122615 (`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-10-22;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation) and RI (Residential --- Ada County designation); and
-WHEREAS, the Owner desires a R-3-DA-P (Residential with a development agreement --- PUD)
zoning classification to develop a residential use on the above described property, which is herein referred
to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential development upon the Property must be limited with the use
of a development agreement to prevent undue 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-3-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 City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit xhibit B) pursuant to Eagle City Code Section 8-1 ti-1(C)(i) and be bound by
same; and
Page 1 of 9
K:'PIagniog Dopt £:.:glu Appiibubnus`J'ruliminary ) ve:oprneet Plans` 2 ^,Shuiianu Pumt Subdivsier;,DA,S`s tln d ?cunt Sub DA CC PM_ VEP..dor.
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein, i. the parties agreed as follows:
ARTICLE 1
LEGAL AUTHORITY"
This Development Agreement is made pursuant to and m accordance with the provisions of Idaho Code
Section 67-6511 A and Eagle City Code, Title 8, Chapter 10,
ARTICLE It
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the I.3-f)A-P (Residential with a development agreement — KI M, 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 Ill
CONDITIONS ON DEVELOPMENT
NT
3.1 The maximum density for the Property shall be 2.16 dwelling units per acre (11 single-family lots).
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 fioodp ain
development pet-mit review, design review, preliminary and final plat reviews, acid/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
niay 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 flan, 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 owned
landscaping, pressurized irrigation facilities, fences shown, 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 and that the homeowner's association or other
entity cannot be dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). Al?
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
Page 2 of 9
K:`.Plantiag Dept\Eagic ID:' ioyment Plans'2O22\Shotic:nci Faint Stibctivision\i:A`Sitztiend Point Sub DA CC: FNf. 4ERdoc
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty
to maintain and operate the light fixtures including the repair and replacement of the fixture,
any associated electrical supply, and light bulbs, in perpetuity.
() 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 he amended to comply with the applicable rule, regulation, .law or ordinance.
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. 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 use.
3.6 Owner shall submit a design review application showing at a minimum: I) proposed development
signage, 2) planting details within the all common areas throughout the development, 3) landscape
screening details and buffering for the common lots located adjacent to North Park Lane, 4)
elevation plans for all proposed common area structures and irrigation pump house (it proposed), 5)
landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities
such as picnic tables, covered shelters, benches, gazebos, andI`or similar amenities. The design
review application shall be reviewed and approved by the Design Review Board and City Council
prior to the submittal of a final plat application.
3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and snap 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 the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval ofa tree removal and replacement plan.
3.8 In conjunction with 3,7 above, all living trees shall be preserved, unless otherwise determined by
the Design Review Board. A detailed landscape plan showing how the trees will be integrated into
the open space areas (unless approved for removal and mitigation by the Design Review Board)
shall be provided for Design Review Board approval prior to the submittal of a final plat
application.
3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. 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 outside of the public right-of-way
and remain clearly visible from the roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the ownerts) 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--65 i l.A and Eagle City Code
Section 8--i0- I shall be provided and is incorporated herein by reference.
Page 3 of 9
\:`: inning ;Dont LigIn AppiicaGor ssFrcGnticarw Develeprnent Fniri nLd3,isicn't3. .I etland Point Sat; DA CC :-\L VLP.dcc
ARTICLE V.
DEFAULT
5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30)
days of written notice of such failure from City, City shall have the right, without prejudice to any
other rights or remedies; to cure such default or enjoin such violation and otherwise enforce the
requirements contained in this Development Agreement or to terminate the Development
Agreement following the process established in Eagle City Code Section 8-10--1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or
enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 If the teens of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 6 -6509, as required by
Eagle City Code Section is 0 1, use of the property shall be limited to those uses allowed within an
A--R (Agricultural --Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R (Agricultural --Ili sidential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party oi- circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and City.
ARTICLE \rlI
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 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.
Page 4 of 9
K:\Pi nr ng De,n`\Eagle: Appl,catioas'Prcli^.touay t)ovelepn:cnt Plans \2022\Shetland Point S,zbdivision`d)A`Shetland Point Sub DA CC Fb11_ VEP..dc
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 he 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 City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whore the notice is directed at the address of such party, set forth below;
City:
Owner:
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Opus Development, LLC
Attn: David Nielsen
954 Opus Street
Boise, ID 83716
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 City herein, Owner agrees to
provide adequate financial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a Bash
deposit with City, City may draw on the deposit to pay its invoice. If the financial assurance deposited
by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when
actually incurred by City and invoiced then following thirty (30) days of written notice of such failure
from City, City may draw upon the financial assurance provided by the Owner. Thereafter, if the then
current estimated fees still to be paid exceeds the amount of the then current balance of the financial
assurance ( whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the
;financial assurance and shall become current as to all outstanding fees owed. upon payment in gall 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 financial assurance under this Section
Page 5 of 9
K.1Ptabnia£ Dupt`Eag:e Appiisuons\1 rruminac; _ uveioptusut Piaus\2022`,Sh;;AEand Poiro.. Subchvit,ioo DA Sit.,:ianc. Pont Sub DA CC ; NL \/ER.duc
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. f .efhse. 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;
1 . 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 cmnulative and to the extent not wholly inconsistent with each other,
may he enforced simultaneously or separately, at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall he
entitled to recover reasonable: attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8,9 Effective Date. This .Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.10 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary' corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this A.greement
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
K: Dept Eaglm App6es1icross Prolimm:iry Develepmcnt °laris'a022`,S:^...dams Pont Sebdiv s:on,DA,S'tn:tl. d ?oin Sub Dn CC FM_ VEP..:Eoc
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of greiv 024.
ATTEST:
Tracy E. boin, City Clerk
STATE OF IDAHO )
: ss.
County of Ada )
CITY OF EAGLE, a municipal corp9ra-k.ion organized
and existing under the laws of th-State/of Idaho
By:
Brad Pike, Mayor .........
9
On this -1-- day of 1:01911/VONX , in the year 202/, before me, the undersigned, a Notary
Public in and for said State, personalty appeared BRAD PIKE, known to me to be the MAYOR of said
municipal corporation that executed this instrument and the persons who executed the said instillment on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
.04111141.44_
CSEA,"**.
...........
N., • Natal Public .-
1,k911.10TA R Residing at: -611 0A(K7
• AM • 411111P • •
• My Commission .... 7-1
•
• ;
• •
11, PUBLW4,1
00.
_•"4) -`\' • 0
,,,,,,,,,,,,,,,
••• ,,, OF W, •
*** ..••• **** *****
Page 7 of 9
KAPlaurting Dept\ Fa& Applications\ Pt eiiminary Dcopment Plans\ 2022 \ Shottant1Point Subdivision \DA \ Shetland Point Sub DA CC Fbil, VER.doc
OWNER:
OPUS DEVELOPME
By:
David Nielsen, Manager
STATE OF IDAHO )
: ss.
County of Ada )
On this SO day of 73vtaarq , 202f, before the undersigned notary public in and for
the said state, personally appeared DAVID NIELSEN, known and identified to me to be the Manager of
OPUS DEVELOPMENT, LLC, known or identified to me to be the owners of the property referenced
herein and the persons who executed the foregoing instniment.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
, .77
/ /
./ 'fl
otary Pub* for IcIaho
r
/Residing at)
My Commission Expires: r) 77 A
.00wiseto,
GAR bA
c40, *ALCY \ re I
C I
4,
71 PUBL'
41,....:141: $.0140 *tie/
4.4171 ov
Page 8 of 9
KAPlannmg DeptTaglo ApplicalionsTrclimmary Development Plans 20221Shenand Point Subdivision \ DA \ Shetland Point Sub DA CC FNL VER.doc
INDEX OF EXHIBITS
A Legal Description
13 Affidavit of Owner
C Concept Plan
Fencing Plan
Page 9 of 9
K.,Planning Dupl,Eugiu ApplieltionsTcciioUrtaryloprroml P:3115‘,2022%Shciland Pobu SubdiNisiou \Shutiand Porn: Sub DA CC :1SL vER.du::
Exhibit "A"
WWW.ACKSRMAN-ESTVOLD.COM '
Z
Shetland Point Subdivision Annexation and Rezone Legal
filed for record in thCounty Recorder, Instrument No. 2022-034280, more particularly described as follows:
e office of the Ada
Description
1025 N Park Lane, Eagle, ID 83616
of Park Lane N01206'14"E a distance of 336.27 feet to the POINT OF BEGINNING.
Aparcel ofland being aportion of the NE1/4 of the NW 1/4 of Section 1�T. 4N'R.2W, Boise -Meridian, Ada
County, Idaho, being Parcel Aasshown onRecord ofSurvey No. 13376
The above described parcel contains 5.37 acres, more or less.
Commencing at the North 1/4 corner of said Section 12, thence along the centerline of Park Lane
S01*06'14"W a distance of 444.32 feet to a point on the easterly extension of the north line of said Parcel A
also being the Point of Beginning; thence on said north line and its easterly extension N89'22'35"W a distance
of294.30feet; thence S0l^U6'14"VVadistance of8O.8Qfeet; thence N89^24/l1"VVadistance of56O.48feet to
a point on the easterly boundary of Asbury Park No. 1; thence on last said easterly boundary S16903'17"E a
distance of77.4Ofeet; S17«58'24^[adistance of77.77feet; thence S03o1Q'SQ"VVadistance uf1UQ.19feet to
a point on the south line of said Parcel A; thence on last said Southerly line and it easterly extension
S89s?22'35"E a distance of 810.73 feet to a point on the centerline of Park Lane; thence on last said Centerline
x�mx��mn�«y
a»'n�o�rs
m�»u�wuuuml
11wrItir�i A:pv
n/'r�mo
`xxmJ.xornov
ano�rxo*
xvxuxoo
wxumvow'�owmu
r*�rrw»r
`
mmwxV I-mmenn
m��ns
aAK«ncn�oos��
um.m�.a4n^
EXHIBIT "B"
Affidavit of DAVID NIELSEN on behalf of Opus Development, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
DAVID NIELSEN, who being first duly sworn under oath, deposes and says:
1. I am DAVID NIELSEN, who is Manager of Opus Development, LLC, whose mailing
address is 954 Opus Street, Boise, ID, 83716 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. David Nielsen authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set fwh in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 dated the X17-aay ofjp2m20..r, 2024 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and David Nielsen, Opus
Development, LLC. (the "Agreement").
DATED this ,...)‘" day of-7:040017 , 2024.
By: Opus Development, 'IC
By:
David Ni
sen, Manager
SUBSCRIBED AND SWORN to before me this day of1/4k • - 2024.
/
f
„ fefaUL?
N6tary Public for Idaho
Residing at 3- / / Idaho
My Commission expiles
Page 1 of 1
KAPlanning Dcpt\Eagle ApplicalionsTrchmitary Development Plans \ 2022 \ SheEand Pon Subdivision \ DA \ Shetland Ponn DA AFFIDAVIT EXHIBIT 3 doe
2 Di
-e3,eA
:Si D2.4
(4321
1:
r I —
1'373
•±,
-
I
)
: 23
. ;
: •
I ,
,
—_—_
23:
ij
z,r3L
-r —
(,
-7/77
/.3:2/
/.7
•
5
33 2
U
stx
L*2
4013
0.. CD as
Qs CC
°Dt
p
"
°
� ----� |-----1
| i |
i
) }
|
| |
| ' L------------
°
^
r-------r
, | /
| /
Y L J
^
"
/
r------1 Y��.
�
�
r
�
`
/
�
LLI
UA
3 �
�
-U �2
-~-1
^�
�
~
�
°