Development Agreement - 2024 - Rocking A Ranch Subdivision - 4/23/2024Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
I.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=13 CHE FOWLER
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2024-022777
05/01/2024 09:34 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 ALSCOTT REAL ESTATE, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. R2464820400, R2464820300, R2464820200, R2464820102, 5023 }336150, S0233325827,
and R_ .464820188 ("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. ZM2-22;
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation); and
WHEREAS, the Owner desires a A-R-E)_A-P (Agricultural --Residential with a development
agreement — PUT)) zoning classification to develop a residential use on the above described property,
which is herein referred to as the "Property"; and
WHEl EA.S, 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 developinent 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 A-R-DA-P (Agricultural -Residential with a
development agreement — PU )) 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 i ) pursuant to Eagle City Code Section 8- l 0 1(C)(1) and be hound by
wiper and
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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 Iihllows:
ARTICLE I
LEGAL AUTHORITY
'This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67 651 lA and Eagle City Code, Title 8, Chapter 10.
ARTICLE TI
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 A-R-DA-P (Agricultural -Residential with a development agreement --
PT-i_D), afler 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 gross density for the Property shall be one (1) dwelling unit per five (5) acres, with
no more than 34 residential lots.
3.'2 Private streets shall be used to serve all of the lots on the Property. All private streets shall conform
to all applicable City requirements.
3.3 The minimum lot size allowed for the Property shall be two and a half (2,5) acres.
3.4 Lot coverage shall be a maximum of 15%.
3.5 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding 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 City Code, which shall comply with the City
Code, as it exists at the time such applications are made except as otherwise provided within this
Agreement.
3.6 Owner will develop the Property in general compliance with the Concept Plan. (Exhibit C). The
City understands and agrees that certain changes in that concept may occur. If the City deteru inis,
in its reasonable discretion, 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, and notice shall be provided as may be required by the City.
Minor modifications to the Concept Plan will not require public hearing or City approval,
3.7 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all
existing trees located on site. The report shall identify, at a ininiinurn, species, size, and health of
the trees. The arborist report and map shall be provided with the submittal of a design review
application. Owner shall provide a narrative indicating which trees will be incorporated into the
design of the subdivision and which trees will be removed prior to removal of the trees.
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3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture approved in the CC&Rs.
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 ACC shall retain the
authority to adjust the architectural styles in order to meet market demand.
The submittal of the building penilit 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. If a
bulidiTig permit is denied, the applicant shall have the right to appeal the decision to the City.
Council in accordance with City Code Section 8-7_4-1.
Owner shall place a 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.
3.10 The Conditions of the stipulation approved by IDWR (Inst. ?i2022-096774) shall be included in the
subdivision CC&.Rs..
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 he bound by the provisions set fhrth in Idaho Code Section 67-6511A and Eagle City Code
Section 840-1 shall he provided and is incorporated herein by reference.
ARTICLE V
L)EF'AULT
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.
If the terms of this Development Agreement expires prior to coinpletion 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 (Agricultural -Residential) zoning designation.
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ARTICLE VI
UNENFORCEABLE PROVTS1ONS
Subject to terms of Section 53 above, if any terra, provision, comrnitt eat, 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,
ARTICLE VIl
ASSIGNMENT AND i TRANSFER
Afler 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 heir;, 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 lmitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67 6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings,. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
;denied 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.
8,5 Notices. Any notice which a party may desire to give to another party must be in writing and inay
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;
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City:
Owner:
City of Eagle
660 E. Civic Lane.
Eagle, ID 83616
Alscott Real Estate, LLC.
Attn: Brian Scott
501 E. Baybrook Ct,
Boise, ID 83 706
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 f Lr 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 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 he 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 assurrance 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 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 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 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;
P. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9--4-2-2 of the City Code;
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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 Azureement: 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 LI,C) action, and necessary corporate (or
LEE) 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.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of,
ATTEST:
Tracy E. Os'i, City Clerk
STATE OF IDAHO )
: ss.
County of Ada )
, 2024.
CITY OF EAGLE, a municipal corporatism organized
and existing under the laws of the Staff Idaho
By: -:=.;-''
PMayor
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On this I( day of Poit, , in the year/1411 , 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.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
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OWNER:
ALSCOTT REAL ESTATE, LLC
By:
Bri cal, Vice Pre I'de-nt
STATE OF IDAHO
. ss.
County of Ada )
On this >}th day of Vk_ r?
the said state, personally appeard BRIAN SCOTT,
of ALSCOTT REAL ESTATE, LLC, known or
referenced herein and the persons who executed the
' O' `before the undersigned notary public in and for
known and identified to me to be the Vice President
identified to me to be the owners of the property
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
t' r
A Cut, Notary Ptublic for Idaho 0
Residing at: A-T ;4 C,thol, t
My Commission Expires: T>
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-INDEX OF EXHIBITS
A _ Legal Description
B - Affidavit of Owner
C - Concept Plan
Page 9 of 9
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