Development Agreement - 2024 - Oakwood Meadows Subdivision - 5/21/2024ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=13 CHE FOWLER
CITY OF EAGLE, IDAHO
2024-029033
05/30/2024 03:45 PM
NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.0, Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
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, arid SI- NE MACE -- BUFFALO HUMP, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel No. S0519141250 ("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. R-11-233;
WHEREAS, the proposed development includes properties within an area currently zoned R-E
(Residential -Estates); and
WHEREAS, the Owner desires a R-2-DA (Residential with a development agreement) zoning
classification to develop a residential use on the above described property, \vhich 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 limited with the use
of a developine it 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 ;inciting 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 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-2 -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 1) pursuant to Eagle City Code Section 8--10--1(C)(1) and be bound by
same; and
K:1Plarr„ag Jept\E:agi
Page f cif 9
,clicationslSUDS 12.23'JJ:akwood Meadows Seib ['TIT Iii*Morkh^a Y:LslOakwcoud &1 a oy;,s DA CC FNC. VER.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 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-2-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 1.43 dwelling units per acre (4 single-family
dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant 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 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 facilities, and fencing. 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 D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain -link) shall be
prohibited.
(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
Page 2 of 9
K:\Planning Dept\Eagle Applications\SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
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 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 City
Clerk signing the final plat mylar. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the City Clerk signing the final plat mylar. A letter of approval
shall be provided to the City from the Eagle Sewer District approving construction plans 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.
3.6 Owner shall connect the four (4) proposed residential lots to central water service.
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 Owner shall submit a design review application showing at a minimum: 1) proposed common area
landscaping, 2) elevation plans for the irrigation pump house (if proposed), 3) landscape screening
details of the irrigation pump house (if proposed), and 4) useable amenities such as picnic tables,
covered shelters, benches, gazebos, water features, and/or similar amenities (if proposed). The
design review application shall be reviewed and approved by the Eagle Design Review Board and
Eagle City Council prior to the issuance of a Notice to Proceed (NTP) with construction letter by
the City.
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 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.
Page 3 of 9
K\Planning Dept \Eagle Applications \SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
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
R-E (Residential -Estates) zoning designation until City enacts and records an ordinance changing
the property to the R-E (Residential -Estates) 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 be 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.
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
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.
Page 4 of 9
K:\Planning Dept\Eagle Applications \ SUBS \2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
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 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: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Shane Mace — Buffalo Hump, LLC
5609 Hondo Lane
Eagle, Idaho 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 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 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 fmancial 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 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 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;
Page 5 of 9
K:\Planning Dept \Eagle Applications\SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
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;
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.
Page 6 of 9
K:\Planning Dept\Eagle Applications\SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of , 2024.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws .the State of Idaho
BY.
AT EST:
Tracy E. 9 oifn, City Clerk
STATE OF IDAHO )
: ss.
County of Ada )
On this 1,1 day of , in the year 2024, before me, the undersigned, a Notary
Public in and for said State, person lly 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. ,.••too' CS .**',.
'
lat./6/401'0y%v'•
g • _.. _ •
• c
PUB LI,C�y
"*'•,F OF ��
Residing at: �' k TO
My Commission Expires: 'LI lko
Page 7 of 9
K:\Planning Dept\Eagle Applications\SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files Oakwood Meadows DA CC FNL VER.doc
STATE OF IDAHO
: ss.
County of Ada )
COUNTERPART SIGNATURE PAGE
OWNER:
SHANE MACE — BUFFALO HUMP, LLC, an Idaho
limited liability company
By:
7Shane Mace, Manager
On this oil day of 11`► , 2024, before the undersigned notary public in and for
the said state, personally appeared S ANE MACE, known and identified to me to be the Manager of
BUFFALO HUMP, LLC, known or identified to me to be the owners of the property referenced herein
and the persons who executed the foregoing instrument.
written.
BRAD WILFONG
Notary Public - State of Idaho
Commission Number 54427
My Commission Expires Jun 6, 2028
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
— —
I
otary Publii..foK Idaho
Residing at: O U.
My Commission Expires: (y/(D/eIDIR
Page 8 of 9
K:\Planning Dept\Eagle Applications\SUBS\2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
INDEX OF EXHIBITS
A Legal Description
B - Affidavit of Owner
C Concept Plan
D - Fencing Plan
Page 9 of 9
K:\Planning Dept\Eagle Applications \ SUBS \2023\Oakwood Meadows Sub PPFP RZ\Working Files\Oakwood Meadows DA CC FNL VER.doc
August 17, 2023
DAVID EVANS
ANDASSOCIATES iNc.
EXHIBIT A
OAKWOOD MEADOWS SUBDIVISION
LEGAL DESCRIPTION
A parcel of land located in the Southeast Quarter of the Northeast Quarter of Section 19,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more particularly
described as follows:
COMMENCING at the Northeast corner of said Section 19, from which the North One -Quarter corner of
said Section 19, bears N.89°57'46"W., 2616.46 feet; thence, along the north line of said Section 19,
A) N.89°57'46"W., 1316.64 feet; thence, leaving said north line,
B) S.00°18'06"W., 1457.92 feet to the POINT OF BEGINNING; thence,
1. S.79°37'30"E., 505.56 feet to the west boundary of Banbury Meadows Subdivision No. 8,
recorded in Book 110, at pages 15738-15739, instrument number 2016-084403, records of
Ada County, Idaho; thence, along said west boundary,
2. S.12°30'23"W., 264.38 feet to the northerly right-of-way of W. Oakhampton Drive; thence,
along said northerly right-of-way,
3. N.77°24'54"W.,452.23 feet to the easterly boundary of Creighton woods Subdivision,
recorded in Book 118, pages 18024-18028, instrument number 2020-023335, records of
Ada County, Idaho; thence, along said easterly boundary,
4. N.00°18'06"E., 250.62 feet to the POINT OF BEGINNING.
The above -described parcel of land contains 2.804 acres, more or Tess.
c"( 12460
8/17/23OF
o F.
9175 W. Black Eagle Drive, Boise, Idaho 83709 208.900.9049 www.deainc.com
EXHIBIT B
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss
COUNTY OF ADA )
1, Shane Mace - Buffalo Hump, LLC
(name)
Eagle
5609 N Hondo Ln
Idaho
(address)
(city)
being first duly sworn upon oath, depose and say:
(state)
1. That I am the record owner of the property described on the attached, and I grant my
permission to
David Evans and Associates
(Name)
9175 W Black Eagle Dr, Boise ID 83709
(Address)
to submit the accompanying application pertaining to that property.
Address or location of property: Parcel # 50519141250 - 1920 W OAKHAMPTON DR
2. I agree to indemnify, defend and hold the City of Eagle and it's employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
Dated this
day of
20 2�
SUBSCRIBED AND SWORN to before me the day and
` kk, t1ttlI11!00/1
‘‘ NOAWIC /r
MY COMMISSION
EXPIRES 9-28-2028
f1118i1111<<t��
(Signature)
ar fir aboveWritten.
Notary Public for Idaho
Residing at 8N7C3e
My Commission Expires: q` as -aCia-8
EXHIBIT C
6ZO9L'Od 81.1'N13
NOISIAIOSfS
SOOOM NOIHOI321O
04/16/2024
co
W
Z
----------—----—--
_ -----._.�_Jr—_ __ is
tr y i
t4
C a
3
am