Development Agreement - 2024 - Hevostila Subdivision - 2/21/2024Recording Requested By and
When Recorded Return to:
City of Eagle
660 E, Civic Lane
R,O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=15 VICTORIA BAILEY
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2024-008884
02/21/2024 03:09 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 EA.GLE, a municipal corporation in the State of Idaho ("City"), by and through its
Mayor, and GHW HOLDINGS, LLC. ("Owner"),
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos, SO510120694 and SO1510120722 (".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, Rs-05-23;
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-4-D+A (Residential 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 Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential development upon the Property must be hrnited with the use
of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
Gian1E31iinity; 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 mariner
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.-4-DA (Residential with a development
agreement:) 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 Eagle City Code Section 8-10- l (C)(€) and be bound by
same; and
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K:Fh ing Dept`,Eaula Appl,<alion,AS.iflSl2023Subdrvision A R,7. PPtDA`.£Ecvos±ita Hates Sub DA CC FNL VEY..doc.
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 1
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 61-6311A 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-4-DA (Residential 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
3,1 The maximum density for the Property shall be 2,64 dwelling units per acre (32 single-family
dwellings).
32 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 pat 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 tacilities, fencing, common drives, 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 the requirement cannot be modified and 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 Concept Plan Fence Exhibit
(Exhibit L)). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain -link) 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 The required setbacks shall he as follows:
Front 20-feet (living and/or side entry garage)
Rear
€ -feet (front -load garage)
fR.e. Car 25-feet
Interior Side 7.5-feet (first story) 5..feet (each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
3.6 A. letter of approval shall be provided to the City from the Eagle Sewer District indicating 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. A letter of approval shall
be provided to the City from the Eagle. Sewer District approving construction plans for each final
plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the
issuance of any building permits, Owner shall provide proof of central sewer service to the
proposed residential use.
3,7 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to,
the separation distance between an electrical transformer and structure.
3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown on Exhibit E.
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the .'ACC shall he included in the CC&Rs and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not substantially confotui to the design
requirements as shown on Exhibit E. if a building permit is denied, the applicant shall have the
right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section
c8-7-4- i
3,9 Owner shall submit a design review application showing at a minimum: I) proposed development
signage, 2) planting details within the proposed and required landscape island and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) Landscape screening details of the irrigation pump house (if
proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities (if proposed). The design review application shall be reviewed and
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approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the
first final plat.
3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be integrated into the open space areas (unless approved
>r removal by the City Council) shall be provided prior to the submittal of a final plat.
Construction fencing shall be installed to protect all trees that are to be preserved, prior to the
commencement of any construction on the site.
3,.11 Owner shall place a 4'x8' subdivision signals) 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 owner(s) of the Property is attached hereto and incorporated by refe renee. 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 6 7-651 iA and Eagle City Code
Section 8-10-•1 shall be provided and is incorporated herein by reference. 4
ARTICLE V
13f;FA UL'1'
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.•7) 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' tees 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 by
Eagle City Code Section 8-10-1, 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 (Agricultura -Resit ential•i zoning designation,
ARlICLE. 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 be invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and City.
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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 aiid 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 Agreennent. 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--6.09, as required by
Eagle City Code Section 8-i0-i ,
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as ifpreparedby 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 Couniy, 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 drattor 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 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 83636
GI W .Holdings, LLC
Attn: €Gaye II. Wolfe, Sr.
1409 North Main Street
Meridian, ID 83642
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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 hill Owner for such fees, adjusting the estimates as appropriate. The Owner shall snake
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 form of a letter of credit, and if the Owner fails to snake 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 hill 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
shall not preclude it from exercising any of the other rights and remedies afforded it in Article Vj 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 tnaintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
ice;
D. Issue a stop work order for any building under construction within the Project;
I. 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 an 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.
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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.
DATED this 21 day of P:. , 2024.
STATE OF IDAHO )
: ss.
County of Ada )
CITY OF EAGLE, a municipal co,rabration organized
and existing under the laws Q .f1rh State of Idaho
By:
r..
a,$ *'$'**r rra £ke, Mayor\� `i
e �p _
R l,i
p \ C r`
is
0\4
On this ti0 day of So}i\J a.i , in the year 2024, before me, the undersigned, a Notary
Public in and for said State, personally appeared BRAD PIKE, known to me to be the MAYOR. of said
municipal corporation that executed this instalment and the persons who executed the said instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof; I have here*,herewestv41044 hand and affixed my official seal the day and year first
written. ��.�`�.� C5$�,+•.
Wi OTAR Y •;'''cl�
•Ik ••
rIr •
UBLIC
**''••;�; PE �OF*9•°
•
Notary ,.
Residing : '' ' i•' ,
My Commission Expires:„jiJ .
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KAPlanning DeptEagle Applications\SUBS\2023U3ewstda Subdivision A R7.. PPIDA'EIevostila Estates SubDA CC FNL VER.doc
OWNER:
GHW HOLI 1NGS, LLC, an Idaho limited liability
company
By:
Gra
?
lfe, Manager
STATE OF IDAHO )
: ss.
County of Ada )
On this L1I1 day of \-1° , 2024, before the undersigned notary public in and for
the said state, personally appeared GRAY- H. WOLFE, SR., known and identified to me to be the
Manager of GHW HOLDINGS, LLC, 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.(- AveSuZ0O put-IA.144:
My Commission Expires: 10/i_gilL:
NOELLEMOLLER
COMMISSION NO. 20225174
NOTARY PUBLIC
STATE OF IDAHO
MY COMM. EXPIRES 10/28/2028
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K \Planning Depalagle Applications SI.P3S \ 2023 klievostila Subdivision A KZ PPDA11-Ievostila Estates Sub DA cc FNL VER.doc
J-o
INDEX OF EXHIBITS
A Legal Description
Affidavit of Owner
C Concept Plan
Fencing Plan
Building Elevations
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Sc. \PEanomg Devi\Cagle: Applications\SUBS,2,.323NR.vosffla Subdimsion AR2, PPADAARevostila E.,:,taces Soh DA CC' 3.,N3., VER. doo
EXHIBIT "A"
Legal Description
Hevostila Site
Proposed City of Eagle Annexation, Preliminary Plat & Rezone
A parcel being located in the NE % of Section 10, Township 4 North, Range '1 East, B.M., Ada
County, Idaho, and more particularly described as follows:
BEGINNING at a Brass Cap monument marking the northwest corner of said NE % of Section
10, from which a Brass Cap monument marking the southwest comer of said NE % bears 5
1 °29'13 W a distance of 2625.64 feet;
Thence along the northerly boundary of said NE % S 89°44'15" E a distance of 30.01 feet to a
point;
Thence leaving said northerly boundary S 1 °29'13" W a distance of 852,81 feet to a point;
Thence S 89°40'01" E a distance of 250.81 feet to a point;
Thence S 0°44'22" W a distance of 15.00 feet to a point;
Thence S 89°45'27° E a distance of 228.15 feet to a point;
Thence N 1' 11'05" E a distance of 15.00 feet to a point;
Thence 5 89°45'27" E a distance of 159.57 feet to a point;
Thence 5 1 °13'25" W a distance of 38.07 feet to a point;
Thence S 88°40'49" E a distance of 2.64 feet to a paint;
Thence S 1 "02'04" W a distance of 743.27 feet to a point an the centerline of the Farmers Union
Canal;
Thence along said centerline the following courses and distances:
Thence N 75°4 7'27" W a distance of 4.90 feet to a point;
Thence N 79°25'07" W a distance of 57.83 feet to a point;
Thence N 75°58'01" W a distance of 133.10 feet to a point of curvature;
Thence a distance of 129.61 feet along the arc of a 292.50 foot radius curve left, said
curve having a central angle of 25°23'17° and a long chord bearing N 89°17'30" W a
distance of 128.55 feet to a point of tangency;
Thence 5 78°00'51" W a distance of 124.13 feet to a point of curvature;
Thence a distance of 163.65 feet along the arc of a 307.50 foot radius curve right, said
curve having a central angle of 30°29'36" and a long chord bearing N 86°44'21" W a
distance of 161,73 feet to a point of tangency;
Lan�.....,. 'tpnsi Surem,1113 sktA tlxuct;Skts
Hevostiia Site
Eagle Anne x ation&PP/Rezorie
Job No. 22-75
Page Ioff2
Thence N 71'29'32" W a distance of 21.25 feet to a point of curvature;
Thence a distance of 55.64 feet along the arc of a 382.50 foot radius curve left, said curve
having a central angle of 8°20'02" and a long chord bearing N 75°29'21" W a distance of
55.59 feet to a point on the westerly boundary of said NE'%%;
Thence leaving said centerline and along said boundary N 1°29'13" E a distance of 1587.78 feet
to the POINT OE BEGINNING.
This parcel contains 12.16 acres.
Clinton W. Hansen, PLS
Land Solutions, PC
April 24, 2023
LandSolutions
,�.. .. ianA W.,(14 l Ond Car.t3i2bre
Hevastila Site
Eagle Annexatk niPP{Rezone
Job No. 22-76
Page 2 of 2
EXHIBIT "B"
Affidavit of GRAVE H. WOLFE, SR. on behalf of GHW Holdings, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
GRAYE H WOLFE, SR., who being first duly sworn under oath, deposes and says:
1. I am GRAYE H WOLFE, SR., who is the Manager of GHW Holdings, LLC, whose
mailing address is 1409 North Main Street, Meridian, ID, 83642 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. GRANT H WOLFE, SR. 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 a.t9day of , 2024
by and between the City of Eagle, a municipal corporation in the State of Idaho, and
Graye H. Wolfe, Sr., GHW Holdings, LLC, (the "Agreement").
DATED this 1E: day of ficsago,§ , 2024.
By: GHW VoIdings, LLC, an Idaho limited liability
company,
By: k\--
Graye H. Wolfe, Sr., Manager
SUBSCRIBED AND SWORN to before me this _l2:11'day of bivq() , 2024.
1 4
te. "
Notary Public for Idaho
Residing at (%14.,., oe116 AV f3. JlIdaho
My Commission expires i6/2.g./7.02,_9
10E1:11
COMMISSION NO. 20225174
NOTARY PUBLIC
STATE OF IDAHO
MY COMM. EXPIRES 10/28/2028
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EXHIBIT "E"
ey »> Horn
Planning & Zoning
City of Eagle
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RE: r $�aSY� .f3>:�?,',i+i d�.2 �`er�� 3 : ac3;a t..`Sa iw.\\'lLvi�3S3r �::,�a=`!''c.:e�A>
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