Development Agreement - 2024 - Rocking A Ranch Equestrian Center - 4/23/2024ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=13 CHE FOWLER
CITY OF EAGLE, IDAHO
Recording Requested By and
When Recorded Return to:
City ofEagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT
2024-022779
05/01/2024 09:35 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 Owiier is the owner of record of certain real estate identified as Ada County parcel
No. 50233336200 ("Property"), as specifically defined in the attached legal description (Exhibit A) which
is the subject of an application for Annexation and Zoning, with Development Agreement, Application No.
RZ-03-22;
WHEREAS, the proposed development includes an equestrian center within an area currently
zoned RUT (Rural -Urban Transition --• Ada County designation); and
WHEREAS, the Owner desires a A-R-DA (Agricultural -Residential with a Development
Agreement) zoning classification to maintain the use of the equestrian center on the above described
property, which is herein referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council have determined that the
equestrian ceer upon the Property 311 ust he 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 the City'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) 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 City Code Section S-10-1(C)(1) and be bound by same; and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the rnutual 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 67-65 t 1A and City Code, Title 8, Chapter 10.
ARTICLE 1I
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the City Zoning Ordinance to rezone the Property that is the
subject of the application to the A-R-DA (Agricultural -Residential with a Development Agreement), after
recordation off, 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
,Ag,reen"ient.
ARTICLE 11I
CONDITIONS ON DEVELOPMENT
3.1 The Property will be used as an equestrian center, including but not limited to stables, rings, exercise
areas, and associated facilities for the care and exercise of horses and related equestrian activities,
and any other uses or structures incidental or ancillary to use and operate an equestrian center. The
single-family residence and the caretaker's apartment on the Property may continue to be used for
residential purposes.
3.2 Owner will use and further develop and expand the -facilities on the Property subject to the conditions
and limitations set forth in this Development Agreement, Further, Owner will submit such
applications as may be required by City Code, which shall comply with City Code, as it exists at the
time such applications are made except as otherwise provided within this Agreement.
3.3 The current Site Plan is attached as Exhibit C. The City understands and agrees that certain changes
in that plan may occur. If the City determines, 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 Site Plan, notice shall be
provided as may be required by the City.
3.4 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 review, preliminary and final plat reviews, andi'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.
3.5 The owner shall be required to construct a I0-foot wide sidewalk along the frontage of Eagle Road
at such time that any future improvements are made by the owner or within five (5) years of the date
the findings are approved. The construction plans shall be approved by ACI-ID and the City prior to
construction.
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3.6 The owner shall be required to connect the single family residence on site to City of Eagle Water at
such time that any future improvements are made by the owner.
3.7 To allow for the future installation of municipal fiber-optic cable, the owner shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon
completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide
CIS coordinates of the locations of the municipal fiber --optic conduit lines, The municipal fiber-optic
conduit lines shall be. installed, GIS coordinates provided, and the fiber-optic conduit lines shall be
dedicated to the City prior to the City Clerk signing the final plat.
3.8 The owner shall adhere to all requirements of the Ada County Highway District, including but not
limited to approval of the drainage system, curbs, gutters, streets and sidewalks.
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 i3) and be bound thereby, and comply with
and be bound by the provisions set forth in Idaho Code Section 67-651 1A and City Code Section 8-10-1
shall he provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owners foil 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 City Code Section 8-10-l.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, City shall he 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 expire prior to completion of the Conditions of
Development or without an amendment to this A.greernent for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67--6S09, as required by
City Code Section 8--10 €, use of the property shall be limited to those uses allowed within an RUT
(Rural -Urban 'Transition — County Designation) zoning designation until City enacts and records an
ordinance changing the property to the _A-R-DA-P (Agricultural -Residential with Development
Agreement) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any terra, 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. VI.l
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
4 thereof
ARTICLE VVIII
GENERAL MATTERS
8.1 Atnendinetits. 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 City
Code Section 8-10..I.
8.2 Paragraph .Headings. This Development Agreement shall he construed according to its fair meaning
and as if prepared by both parties hereto. 'Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Developnie. t Agreement shall be construed in accordancewith 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 dra.ftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
he given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the
party to whore the notice is directed at the address of such party set forth below;
City: City of .Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner:
Alscott Real Estate. i_.LC
Attn: Brian Scott
501 E Baybrook Court
Boise, ID 8 706"39 i 5
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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 flies and engineering Bees 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 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 tees when actually incurred by City and
invoiced, then following thirty (30) days of written notice of such failure from City, City rnay 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 fihil 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 Protect
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 Protect;
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 otter,
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.
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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 daily authorized by all necessary LLC action, and necessary I_.l_,C; resolution(s) have
been executed for the undersigned representatives to sign this Agreement and so bind their respective
parties.
8,11 Jerminaticm:. If the Property is not developed as conditioned herein, this agreement shall terminate
five (5) years after the Effective Date.
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IN WITNESS WHEREOF, the parties have executed this .Development Agreement.
DATED this13 day of APKI / , 2024.
A 'I'ES'T: .n
ijaa
i i�. & v_ .
Tracy E°rn, City Clerk
y
STATE OF IDAHO )
Ss.
CITY OF EAGLE, a municipal corporation organized
and existing under to laws of thiState of Idaho
By:
�'� F.
BradtFike, Mayor
County of Ada )
On this day of Irk 1 , 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.
In witness whereof, I have hereunto set my hand and affixed iy official seal the day and year first
written.
Notar'! Public
Residing at:
t
-
My Commission Expires: 2-1 2-U.U1'2 )
Page 7 of 9
OWNER:
ALSCOTT REAL ESTATE, LLC
. —
- -
„-
By: •
Briall-&cottrVICe Ftf&sident
STATE OF IDAHO )
: ss.
County of Ada
On this a4day of 2024, before the undersigned notary public in and for
the said state, personally appeared BRIAN SCOTT, known and identified to me to be the Vice President of
ALSCOTT REAL ESTATE, 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
Nota
Residing at__
My Commission Expires: 31! S12-t.130
Public for Idaho
Page 8 of 9
A LegalDescription
a Affidavit of Owner
C - Site Sp
INDEX OF EXHIBITS
Page9 of 9
EXHIBIT "A"
DESCRIPTION FOR
ANNEXATION DESCRIPTION
ALSCOTT ROCKING A RANCH SUBDIVISION
PARCEL 1
A portion the SW114 of the SW 1f4 of Section 33, T.5N., R.1E., B.M., Ada County, Idaho
more particularly described as follows:
BEGINNING at the SW corner of said Section 33 from which the W114 corner of said
Section 33 bears North 00°25'01" West, 2,644.90 feet;
thence along the West boundary line of said Section 33 North 00°25'01" West, 1322.46
feet;
thence leaving said West boundary line and along the South boundary line of said Lot 4
and the westerly extension thereof North 89°44529°' East, 662.82 feet;
thence leaving said South boundary line and along the West boundary line of Cedith
Estates as filed in Book 58 of Plats at Page 5619 through 5620 and the northerly extension
thereof South 00°23'47" East, 1322.35 feet to a point on the South boundary line of said Section
33;
thence along said South boundary line South 89°43'57" West, 662.35 feet to the POINT
OF BEGINNING. Containing 20.11 acres, more or less.
EXHIBIT "B"
Affidavit of BRIAN SCOTT on behalf of Alscott Real Estate, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
BRIAN SCOTT, who being first duly sworn under oath, deposes and says:
1. I am BRIAN SCOTT, who is the Vice President of Alscott. Real Estate, LLC, whose
mailing address is 501 East Baybrook Court, Boise, ID, 83706 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. Brian Scott authorizes the submission of the Property to certain Development Agreement
pursuant to the provisions set orth in Idaho Code Section 67-6511 A and Eagle City Code
Section 8-10-1 dated the Ig ay of ,'/4,.1L. - . 2024 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Brian Scott, Alscott Real Estate, LLC.
(the "Agreement").
DATED this 1 %` `day of ' 'ri-VA-. 2024.
Alscott Real Estate ELC
By:
Brian Scott, Vbse._ ..na dent
SUBSCRIBED AND SWORN to before me this t
ay of tik-yA:i t
, 2024.
Notary P blic for ifor am: \ _ �3
Residing at (2
My Commission expires 3(‘t "C J
Page 1 of 1
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9955 `N. EMERALD Er.
8OISE, IDAHO 83704
(208) 946-8570
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ANNEXATION EXHIBIT DRAWING FOR
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PARCEL 1
LOCATED IN THE SW1/4 OF THE SWI/4 OF SECTION 33,
R.1E.. B.M.. ADA COUNTY, IDAHO
.108 NO.
21-163
w SHEET NO.
1
DWG. DATE
1/18/2022