Development Agreement - 2022 - Spartan Estates Subdivision - 8/24/2022Recording 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=11 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2022-076000
08/30/2022 04:33 PM
NO FEE
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 ("City"). by and through its
Mayor. and. Clark Malty-. (-Owner").
RECITALS
WHEREAS,. the Owner is the owner of record of certain real estate identified as Ada County
parcel No. S0401110275 (-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-16-20:
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 use on the above described property_ which is herein referred
to as the -Property": and
WHEREAS,. the Planningand 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-E-DA (Residential -Estates with a
development agreeinent) 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 B) pursuant to Eaglc City Code Section 8-10-1(C)(1) and be bound by -
same: and
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K.,,Platudng DepbEagle Appikatious`,SLES 2020,SpartanEsiates,01-Spanan. Eau:es Sub A Rt. PPFES113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein, the parties 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
The City- will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property- that is the
subject of the application to the R-E-DA (Residential -Estates with a development agreement), 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. I The maximum density- for the Property' shall be 0 43 dwelling units per acre (two (2) single-family'
lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further. the Owner will submit such applications regarding floodplain
development permit review_ design reviewpreliminary:- 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 with 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 communit)', a public hearing shall be held
on any proposed changes in the Concept Plan, notice shall be provided as may be required by the
C
3.4 The existing residential dwelling unit located within Lot I, Block 1 shall be allowed to remain at its
current location. Should the existing dwelling be replaced, the new dwelling shall meet the setback
requirements for the R-E (Residential -Estates) zone at the time when applications for building
permits are revieyved.
3.5 The applicant shall connect to centralized water and sewer where service connections are available
for the portion of the subject property that is not currently' utilizing existing well and septic
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K.,,Platudng DepbEagle Appikatious`,SLES 2020,SpartanEstates,01-Spanan. Eau:es Sub A Rt. PPFES113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
3.6 The conditions, covenants and restrictions for the Property shall contain at least the -following.
(a) A maintenance manual for the private driveways requiring the association(s) shall have the duty
to maintain and operate the private drives including the repair and replacement of asphalt and
sidewalks, in perpetuity.
(c) A maintenance manual for the landscaped buffer area requiring that the association shall have
the duty to maintain the irrigation system, trees, shrubs, and groundcovers within the c
let landscaped area located in the easement adjacent to North Meridian Road in a competent
and attractive manner, in perpetuity.
(d) A requirement that in the event ari.s 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.
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 Owners fail to comply 'dN ith the commitments set forth herein, \vithin 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 terms 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 67-6509, as required bv
Eagle City Code Section 8-10-1. use of the property shall be limited to those uses allowed within an
RUT (Rural -Urban Transition --- Ada County Designation) zoning designation until Citeenacts and
records an ordinance changing the property to the R-E-DA (Residential -Estates with a development
agreement) zoning designation.
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K.,,Platudng Dept ‘, Eagle Appikatious`,SLES 2020,SpartanEsiates,01-Spanan. Eau:es Sub A Rt. PPFP`,113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
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 or 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 he invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and City-.
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 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 conunitments 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 Al.reement 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
ineaninl.: 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 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.
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K.,,Platudng DepbEagle Appikatious`,SLES 2020,SpartanEsiates,01-Spanan. Eau:es Sub A Rt. PPFES113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
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;
City:
Owner:
City of Eagle
660 E Civic Lane
Eagle, ID 83616
Clark Mahn
2635 N. Meridian
Eagle, ID 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 deli\ ery, 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 aftbrded City herein, Owner agrees to
provide adequate financial assurance to Cits. to secure the payment of an 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 cash
deposit with City. City may draw on the deposit to pay its invoice. If the financial assurance deposited
by Owner is in the fom 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 full of
all attorney fees and engineering fees. City shall release to the Owner the unused portion of the cash
deposit or the leiter of credit, as applicable. City'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 anv or all of the following
remedies
A. Withhold the issuance of any building pemut or certificate of occupancyof 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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K.,,Platudng Dept ‘, Eagle Appikatious`,SLES 2020,SpartanEsiates,01-Spanan. Eau:es Sub A Rt. PPFP`,113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
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 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
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 Agreement
and so bind their respective parties.
8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
e, 1.
DATED thJ day of/Alfa , 2022.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
....,
By:, ________, ,..„ --......e.--_- —.....e,
Tason ierce, Mayor
ow8seIks„
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TracE,0;bicn, (City Clerk I 1-2) k ,,...--, s,..,,,
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ATTEST: /
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By; --I-- v
Clark lOaciy, Owner
STATE OF IDAHO )
: ss.
County of Ada )
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KAPIanning Dept \Eagle Applications \SUBS `,20201Spartan Estates`,01-Spartan Estates Sub-A-M-PPEP \03-Wurt.ing Piles\ 9 i-Administrative\ Spartan Estates Sub DA.3oc
On this '2 day of 3�.A.A 2022, before the undersigned notary public in and for
the said state, personally appeared CLARK MAI-IY, known and identified to me to be the OWNER,
known or identified to me to be the owners of the property referenced herein and the persons who
executed the foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Notary Public for Idaho?�
Residing at: 1'\-.'Wf,k1(. Cy1 ; k
My Commission Expires: 05i t4 'LO Z--
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K \PEanning Dept'Fagte Applications \ SUBS `2020\Spartan Estates\01-Spartan Estates Sub-l-RZ-PPFP103-Working Files \01-A dmieistratevetSpartan Estates Sub [MAD.:
INDEX OF EXHIBITS
A Legal Description
B Affidavit of 0%\iner
C Concept Plan
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K.,,Platudng Dept ‘, Eagle Appikatious`,SLES 2020‘SpartanEsiates‘01-Spanan. Eau:es Sub A Rt. PPFP`,113-SVorktug Files`,113-DA Spatial' Estates Sub DA do,:
Novenbe,17,2U2U
Project No. 20-1.19
Exhibit A
A parcel of land situated in a portion of Government Lot 1, Section 1, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho and being more particularly described as follows:
Commencing at a found aluminum cap marking the Northeast corner of said Government Lot 1, which
bean NOU~53'58"VVa distance of2,68S.O6feet from afound brass cap marking the East Ili] corner of
said Section 1;
Thence following the easterly line of said Government Lot 1, SOO'53'58" a distance of 1,320.07 feet;
Thence leaving said easterly line, N89'13'17"W a distance of 25.00 feet to the westerly right-of-way line
ofNorth Meridian Road and being the POINT C1FBEGINNING.
Thence N89'13'17*"'W a distance of 382.70 feet to a found 1/2-inch rebar on the easterly boundary line
ofTamara Place Subdivision (Book S8ofPlats, Page S,S3O);
Thence following said easterly subdivision boundary line, NOO'55'02"E a distance of 534.34 feet to the
southerly boundary line ofGallup Estates (Book 7O,Pages 8,l93'8'194);
Thence leaving said easterly subdivision boundary line and following said southerly subdivision
boundary line, S89'13'17"E a distance of 382.54 feet to said westerly right-of-way line of North Meridian
Road,
Thence|eavingsaidsnuther|ysubdivisinnboundary|ineandfoUowingsaidmestedyri8ht'of-xvay|ine'
SOO'S3'58"W a distance of 534.34 feet to the POINT OF BEGINNING.;
Said parcol contains a total of4.693 acres more or less.
Attached hereto is Exhibit B and by this reference is hereby made a part hereof.
All subdivisions, deeds, records of surveys and other instruments of record referenced herein are recorded
documents ofthe county inwhich these described lands are situated in.
STATE OF IDAHO
County of Ada
EXHIBIT B
Affidavit of CLARK. MAHY
AFFIDAVIT OF LEGAL INTEREST
) ss.
)
CLARK MAHY, who being first duly sworn under oath, deposes and says:
1. I am CLARK MAI-IY, whose mailing address is 2635 N. Meridian Road, Eagle, ID 83616
("Owner").
2. Clark Mahy is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. Clark Mahy authorizes the submission of the Property to certain Development Agreement
dated the Z '''= day of "; v 2022 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 Owner (the
"Agreement").
DATED this ZSAdayof `jv,2022.
By: Owner
Clark Mahy
s�
SC BSCRIBE[) AND SWORN to before me this '��..S day of .&
/
Notary Public for Idh51
Residing at !v
My Commission expires oc3 # (( t , - Ct <kS
, 2022.
, Idaho
Page 1 of 1
K:\P3ftening Dept\Eagie Applications \SUBS`.20201Spartan EstatesWI-Spa:tsn Estates Sub,.A-RZ.-PPFK03-WnrE:ing Files \i i Administrative\Spatan Estates Sub DA Affidavit due
EXHIBIT C
0
N Meat, limd
35.; ltadid '111YOU
SPARTAN ESTATES SUBDIVISION
2635 N, MERIDIAN ROAD, EAGLE, IDAHO
LANDSCAPE PLAN
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XDPSIONS
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