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Development Agreement - 2024 - Carp Ranch Subdivision - 3/26/2024Recording 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=19 ANGIE STEELE CITY OF EAGLE, IDAHO DEVELOPMENT AGREEMENT 2024-015307 03/26/2024 11:51 AM 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 € t MSHORf EAGLE RE, LLC. ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel No. SO412110064 ("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-04"22; 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-1-DA-P and R.-3-DA-P (Residential with a Development Agreement -- PUD) zoning classifications to develop a residential use on the above described property, which is herein referred to as the "Properly"; 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 Owners 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 C:omprehensive. 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 R-1-DA-P and R-3-D'A-P (Residential with a Development Agreement PUD) zoning designations 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 8-10-1(C)(1) and be bound hy same; and Page 1 of 9 K �3'ianaing Depi'Fagie Applicah^ns`3':eliminzri De, shipment PEans\2022\Carp $anti: Subb^.A^.Slot` Don..,E::pwer Aureen:enr,f asp Ranch Sub C>.4 cc: Fbi VER. du:, 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 Eagle will adopt an ordinance amending the. Eagle Zoning Ordinance to rezone the Property that is the subject of the application to R-1-DA-P and R-3-DA-P (Residential with a Development Agreement — PtJD) zoning designations, 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 Ili CONDITIONS ON DEVELOPMENT 3.1. The maximum density for the Property shall be 2.00 dwelling units per acre (69 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 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 he 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, 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 call fencing to be installed as shown on the Fencing Plan. (Exhibit D). All other fencing (Le. dog-eared cedar fencing, chainlink) shall be prohibited. 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. (c) Page 2 of 9 i4.`.E' aTrmng Dept \fi g.e Apptrcations\ rehmina y E?eve.iopmear P lane/ 2,O2'2\Csrp Rancli Su_divs:on`De,_ieprnent Agl ee.rn,,e,i.ar p Raq h Sub DA CC i' Eif. l'E;2 ^roc (d) 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 goveriameni 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 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the properly 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 permit, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall construct the neighborhood amenities (soccer fields, pathways, pool and clubhouse.) identified within the provided narrative and shown on the Concept Plan (Exhibit C). The neighborhood amenities shall be reviewed and approved by the Design Review Board and City Council prior to construction. The amenities shall be constructed with the associated subdivision phase. 3.7 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 be 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 conform to the design :requirements as shown on Exhibit 1,1 of 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 8-7-4--1, 3.8 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or equipment over 8000 OVIVR, The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall -maximize use of highways and major arterials ;chile minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County, Owner is responsible for communicating the approved plan to all sub- contractors and for monitoring- compliance. 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. Page 3 of 9 ✓.AMaaamg 3)ept':iiag;e 1ppi;czeinna Prei:miaary feevalopr:ear Pt s\r _'3\Carp Ranchh v ioc\Cevelo; pert Aereeroent'C:alp Ranch Sub llA CC F*7 VER due 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 8) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511.A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE V UEFA 1JL I 5.1 in the event the Owners tail 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 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 6 -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 (Agricultural -Residential) 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 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 commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. Page 4 of 9 g'\i':arsing Dept\iiagie Applti:aioRsTrehmitiary Deveiopmeut i':ee \_022\Carp Ranch Subri,isionlD:veiopmea: P.,yee.merr\Carp Rauch Sub DA CC Fba.VET dec. ARTICLE VIIT GENERAL MATTERS 8,1 Ame:ndments. Any iteration 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, ma.sciiine, 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 Deveiopr.ent. 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. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be givers 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 Gemshore Eagle Corporation Attn: Nir _Margaiit 454 Las Gallinas Blvd. #3027 San Rafael, CA 94903 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 kg 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 °Wrier has made a cash deposit with City, City may draw on the deposit to pay its invoice. Ifthe 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 Page 5 of 9 K:Piannmg Dep1VEat') A ppLea:cos\P•-eIn:inuy Deg logn-,;: t f2a.as\2A27\ sp Ranch Sueuiws:on'Dev e:opmen; Agteecnen:`,Ca:;: Ran;JI Sat DA C:C ?Per. VER.doc 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 cutTent 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 fall 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 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 tlx:: 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 properly 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 surely/financial guarantee of performance collected pursuant to Section 94-2--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;; Ail 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 attor•ney's fees iri addition to other relief which a court of competent jurisdiction may award. 8.9 Effective Date. This Development Agreement shall he 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 1.1,C) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so hind 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:\Finnuing Dept'.Ene e .pabca;ios\Frebr:o—K y Deveio;menc FSans2022'\i'rr^ Ranh Sundivwsez:IDev;_ pmtnt Ag ,:meat%Carp Rand: Sub DA CC INE. \ ERdoc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 4149 day of filtitledl, 2024. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Brad Pi ayor ATTEST: Tracy E. hrn, ity Clerk STATE OF IDAHO ) County of Ada ) On this 00 day of Ode,rt, , 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 instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. SS . In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. CsEiv",,,, ....• \,„ . ********* c," % '.,\ 1. i.4,.. 1,0TAR . y % . . • . . . .0. • 0. . • . 1 t UBOC,, if E 4• •.• er, ,,,*••• :7 .•°,71//) e., ,d,,_• .. .. ..... ...,1•S %,:* #.'4, 41"E OF w •'` ........ "to: ..... Nota ublic Residing at: E oko)i e- My Commission Expires: • 15 Page 7 of 9 K \Planning Dept Eagle Apra] icahous1Preliminary Development Plans\2022 \Carp Ranch Subdmaion \Development Aureentera \ Carp Ranch Sub DA CC FNL VER.doc OWNER: GEMSH RE EAGLE RE, LLC, a foreign limited liability clmpany BY: GE. ,HORE EAGLE CORPORATION MANGING MEM By: I Nir Margalit, President STATE OF CALIFORNIA ) : ss. County of Marin On this 4-7 ay of g'•-•-':'$•:;4:;)›.<•:;;:::•:•:::::7 , 2024, before the undersigned notary public in and for the said state, personally appeared NIR IVIARGALIT, known and identified to me to be the President of GEMSHORE EAGLE CORPORARATION, the Managing Member of GEMSHORE EAGLE, RE, 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 JEREMY FRECH Notary Public - California Marin County Commission # 2427422 1JJJ20'My Comm. Expires Nov 20, 2026 ------- i Notary Public for c.,afiftlana. Residing at: My Commission Expires: /1..P...W.-a-a..14: Page 8 of 9 KAPlanning DeptTagle ApplicationsTreiiminaty Development Plans \ 2022\Carp Ranch Subdivision \ Development Agreemenbearp Ranch Sub DA CC FNL VER.doc INDEX OF EXHIBITS A Legal Description Affidavit of Owner C Concept Plan D Fencing Plan E Building Elevations F Heavy Truck Traffic Plan Page 9 of 9 KAPlartncag Thapn,Ealf,ha Apploaan0215 Pcchonoacy Dcveininnern Naos,2022',Carn Ranch Shiadmsaan\Devenaprnnt Agree:tat:fat Calp RanSoh DA CC FhI3, VER doc February 3,202J Carp Ranch Subdivision Project No. 21-163 Exhibit City m(Eagle Annexation Legal Description Aparcel nfland situated inthe East 1/2nfthe Northeast 1/4of Section lITownship el Nor' hRange 1 West, Boise Meridian, Ada County, Idaho, and being rnore particularly described as follows: BEGINNING atafound brass cap marking the Northeast corner cfsaid Section C2,which bears ND0^28'34"Eadistance ofI641.83feet 6nmafound aiumioumcap marking the East 1/4corner ofsaid Section 1Z,thence following the easterly line ofsaid Northeast l/4,S80^Z8'34^VVadistance of1'6S124 feet toafound 5/X"/ebac Thence leaving said easterly line, N89^21'20"VVodistance oft32175feet toafound S/8,rebu/onthe westerly line Vfsaid East 1/Zofthe Northeast 1/4ofSeriion1Z; Thence following said westerly line, N00"31'11"Eadistance of791.18feet tothe Southwest corner of Creek Water Subdivisiun(Book 1U8ofPlats, Pages 15305'153O9); Thence leaving said westerly line and following ., the boundary of said 'reek Water Subdivision the following four (4) courses: 1. 685°32l6"Eadistance of391,87feet; 2, N0O^43'26"[adistance ufS1.96feet; 3. SO4,]2'U2^Eadistance of31129feet; 4. N0O"43'49,E a distance nf8@).18feet tothe. northerly line of said Northeast 1/4; Thence leaving said subdivision boundary and following said northerly line, S89'22'24"F a distance of 616,08 feet to the POINT OF BEGINNING. Said parcel contains 36173acres, more orless, and bSubject to, all existing easements and/orhQhts~-,f' EXHIBIT "B" Affidavit of NIR MARGALIT on behalf of Gemshore Eagle RE, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF CALIFORNIA ) ) ss. County of Marin NIR MARGALIT, who being first duly sworn under oath, deposes and says: 1. I am NIR MARGALIT, who is the President of Gemshore Eagle Corporation, the Managing Member of Gemshore Eagle RE, LLC, whose mailing address is 454 Las Gallinas #3027, CA, 94903 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Nir Margalit 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 II day of tirt slit , 2024 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Nir Margalit, Gemshore Eagle Corporation, the Managing Member of Gemshore Eagle RE, LLC. (the "Agreement"). DATED this -1- \day of k,.." , 2024. Gemshore Eagle RE, LLC By: Gemshore Eagle Corporation its: Managing Member / 1 By: Nir Margalit, President SUBSCRIBED AND SWORN to before me this '.---••'1* day of1.i , 2024. SEE ATTACHED v CERTIFICATE Notary Public for California Residing a4A My Commission expires ."1 .P0., • Page 1 of 1 KAPlanoing Dept \Eagle ApplicationsTteliminary Development Plans12022Tarp Ranch Sobdi ision\ Development A greementTarp Ranch DA AFFIDAVri EXHJBIT B.doc #0'..:11,1' .1 t•N.1.1.,1(:1,.,' ...AT .TI•ICSI. CZA'l .3, 41 11..t. 41'14.1.1.,11,.,,T1'12., •.; S.S. California Jurat Certificate A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Marin Subscribed and sworn to (or affirmed) before me on this 20 —by ••• •/N 57i / • • day of and proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, 4...4*.t• • / • , OPTIONAL INFORMATION Description of Attached Document The certificate is attached to a document titled/for the purpose of t'4, / --"•.•• • •-- I /- •e-41,7', ..-,-,;,:1--- ..4 •:•:.:': - / " „,,,- 7/we t.;,.../ ---'' -9, ' 1. • --',e"^ 1 ,/,' - ' , fr r.r.: I containing pages, and dated JEREMY FRECH Notary Public - California Marin County Commission # 2427422 • -- My Comm. Expim Nov 20, 2026 _ ........ 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