Development Agreement - 2019 - Hoot Nanney Farms - 3/13/2019Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=15 LISA BATT
EAGLE CITY
2019-026053
04103/2019 09:41 AM
NO FEE
IlIlIlIlIlIlIl IIIIIIIIIIIIII IIIII IIIIIIIIIIIII III
DEVELOPMENT AGREEMENT
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 ("Eagle"), by and through its
Mayor, and Hoot Nanney Farms, Inc. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located on the east side of
State Highway 16 at the northeast comer of the intersection of State Highway 16 and West Floating
Feather Road, Eagle, Idaho, ("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-13-18; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition); and
WHEREAS, the Owner desires a MU -DA (Mixed Use with a development agreement) and R -2 -
DA (Residential with a development agreement) zoning classifications to develop a commercial and
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 commercial and residential project 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 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 MU -DA (Mixed Use with a development
agreement) and R -2 -DA (Residential with a development agreement) zoning designations for the Property
with the requirements set forth in this Development Agreement; and
WHEREAS, the Owner has provided Eagle 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 by
same; and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511 A 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 the MU -DA (Mixed Use with a development agreement) and R -2 -DA
(Residential with a development agreement) 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 III
CONDITIONS ON DEVELOPMENT
3.1 The agricultural operations currently being conducted on the Property, or such portions of the
Property, shall continue to be allowed uses until Owner elects to abandon such operations.
Nothing in this Agreement shall be construed or interpreted to limit the use of the Property for
agriculture.
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, conditional use permit, preliminary development plan,
preliminary plat, final development plan, and final plat reviews, and/or 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 submitted.
3.3 Eagle hereby acknowledges that the Concept Plan (Exhibit C) is consistent with the proposed
zoning of the property. All future development of the Property shall be generally consistent with
the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility until
such time a detailed conceptual site plan ("Conceptual Site Plan"), and preliminary plat are
submitted to Eagle so long as the general intent of the Concept Plan and the conditions and
limitations set forth in this Agreement are met. Owner shall submit the Conceptual Site Plan
outlining future phased developments as a modification to the development agreement prior to or
concurrent with a preliminary plat application. The Conceptual Site Plan shall provide more detail,
including but not limited to, location of roads within the development, lot layout, lot dimensional
standards, setbacks for the commercial areas, location and size of common areas and buffer areas.
The City shall hold necessary public hearings pursuant to Eagle City Code notice requirements to
address the Conceptual Site Plan and any changes thereafter proposed to said plan. The
Conceptual Site Plan shall be in lieu of the preliminary development plan within the area zoned
MU -DA (Mixed Use with a development agreement) provided Conditions of Development and the
Findings of Fact and Conclusions of Law for the development agreement modification are similar
to Conditions of Development required during the PUD and conditional use process.
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3.4 The approximate 89.85 -acre site shall consist of approximately 29.23 -acres of proposed Mixed
Use zoned area and approximately 60.62 -acres proposed R-2 zoned area as identified on the
Concept Plan.
3.4.1 Mixed Use Area. Situated within the northern third of the Property, this portion of the
Property is located within the Village Planning Area pursuant to the Eagle Comprehensive
Plan (Chapter 6.6). Owner agrees that all land uses to utilized on the Property shall be
compatible with the Village Planning Area, Village Center, and Compact Residential areas
as identified in the Eagle Comprehensive Plan emphasizing mixed uses of commercial and
residential development that provides a transition of density within this portion of the
Property with commercial uses located in proximity to West Beacon Light Road
transitioning to compact residential to the south to the proposed R-2 zone area as
identified on the Concept Plan. Residential and non-residential development shall
emphasize pedestrian -friendly development.
3.4.1.1 Residential development shall consist of single-family homes, apartments, town
homes, condominiums and/or patio homes with a range of densities and with
density generally decreasing as the area radiates out from the Village Center and
Compact Residential areas. Residential portions of the Property shall not require
a conditional use permit.
3.4.1.2 Commercial development in the Mixed Use Area should strive to enhance
vehicular trip capture minimizing high traffic generating uses. The Village Center
specifically seeks to provide: retail commercial; hospitality; civic uses; and a
research and development/educational campus and/or corporate park area
designed to provide sufficient space for corporate headquarters in a park -like
setting near ancillary commercial uses located within the Village Center.
3.4.2 Non -Residential (Commercial) Mixed Use. Commercial uses shall be limited to those
uses that complement or are ancillary to the Village Center corporate and campus uses and
are otherwise limited to the following uses:
• Bar
• Coffee Shop
• Childcare Daycare Center
• Food and Beverage Sales (hours limited to 7am to l Opm)
• Grocery Store (not to exceed 55,000 square feet)
• Fuel Service
• Hospital
• Live Entertainment Events
• Massage/ Spa
• Office: Business, Professional and Medical
• Professional Activities
• Restaurant (hours limited to 7:OOam to 1 1:OOpm)
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• Retail Sales Limited
• Retail Sales (pharmacy and medical)
• Travel Services
• Theater (movie)
3.4.2.1 Except as described in Section 3.4.2 above, no single retail tenant on the Property
shall exceed twenty-five thousand (25,000) square feet in building footprint area
without a conditional use permit. A Grocery Store exceeding 55,000 square feet
shall require a Conditional Use Permit.
3.4.2.2 Non-residential (commercial) mixed uses with limited hours of operation/hours of
delivery listed in Section 3.4.2 above may obtain expanded hours of
operation/hours of delivery through the modification of this Agreement.
3.4.2.3 Notwithstanding the allowed uses set forth in Section 3.4.2 above, no portion of
the Property shall be used for any of the following uses:
• Adult Business
• Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales
• Cemetery
• Drive-in Theatre
• Mortuary/Funeral Home
• Storage (fenced area)
3.4.2.4 All non-residential (commercial) mixed uses may be subject to reasonable dark -
sky lighting, noise, or related limitations at the design review approval stage to
address additional concerns that may arise.
3.4.3 Residential Development.
3.4.3.1 The total residential area zoned R -2 -DA (Residential with a development
agreement) shall be approximately 60.62 -acres (inclusive of open space)
representing 67.7% of the Property. The maximum density for the Property shall
be 2.00 dwelling units per acre with a maximum of 121 dwelling units.
3.4.3.2 Residential development shall emphasize transitioning with multi -family
dwellings located within the area zoned MU -DA (Mixed Use with a development
agreement [in lieu of a PUD]) adjacent to the mixed use non-residential
development and transitioning to the single-family dwellings located within the R-
2 Zone Area as shown on the Concept Plan.
3.4.3.3 All multi -family structures shall be located within the MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) area shall be in conformance with
Eagle City Code Section 8-2A and shall receive approval from the Eagle Design
Review Board and Eagle City Council prior to issuance of any building permits.
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3.5 Except as otherwise provided within this Agreement, Owner shall comply with the Eagle City
Code in effect at the time of development, including, without limitations, applications for
development permits as required by Title 10, Flood Control, Eagle City Code.
3.6 Owner shall construct the required buffer areas located adjacent to State Highway 16 and Beacon
Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within the landscape
common lot. The landscape, including street trees and pathways, shall be reviewed and approved
as required by applicable Eagle City Code provisions and as set forth as follows:
3.6.1 A seventy-five (75) foot wide common lot shall be provided adjacent to residential areas
along State Highway 16 and shall include a minimum ten (10) foot high, maximum twelve
(12) foot high, berm/wall combination with extensive landscape to provide a buffer. All
buffers shall be located within a common lot located outside of the area for right of way
dedication to the Idaho Transportation Department ("ITD").
3.6.2 A fifty (50) foot wide common lot shall be provided adjacent to residential areas along
West Floating Feather Road and shall include a minimum five (5) foot high, maximum
eight (8) foot high, berm/wall combination with extensive landscape to provide a buffer.
3.6.3 The Property shall be designed to allow for a public roadway connecting this site to the
adjacent site to the east and to the Village Center development to the north. Approved
access points are subject to approval by ITD and ACHD, as applicable, and Owner must
provide all necessary approvals and/or license agreements.
3.7 Building placement shall be designed such that parking areas are not concentrated between the
buildings and roadways of a collector status or higher. All buildings shall be provided with
architectural design elements and architectural relief as required pursuant to Eagle City Code
Section 8-2A.
3.7.1 Commercial/retail buildings, multi -family residential units, and common area amenities
shall be in conformance with the design review requirements as set forth in Eagle City
Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and
Eagle City Council approval of the detailed architectural plans and common area
landscaping is required prior to the issuance of building permits for commercial/retail
buildings, multi -family residential units, common area amenities, pumphouse for
irrigation, and gazebos.
To assure compliance with this condition, Applicant shall create an architectural control
committee ("ACC") as a component of the restrictive covenants ("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 Eagle City Attorney prior to the
approval of the first final plat.
The submittal of the building permit application to Eagle for each building within the
development shall be accompanied by an approval letter from the ACC. Building permit
applications that do not have an approval letter attached will not be accepted.
3.8 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and
commercial areas shall be provided consistent with Eagle City Code to be reviewed by the Eagle
Parks, Pathway, and Recreation Commission or other appropriate recommending body of Eagle
prior to preliminary plat approval.
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3.9 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries at the time of
submitting a preliminary plat application. A letter of approval shall be provided to the City from
the Eagle Sewer District approving the construction plans prior to submittal the respective final
plat application.
3.10 Owner acknowledges that the Property is located within the Eagle Municipal Water Service Area
and compliance with applicable sections of Eagle City Code shall be required. If there are any
conflicts between such applicable sections of Eagle City Code and this Agreement, this Agreement
shall control. It is the purpose and intent of Eagle and Owner for Owner to develop the Water
System, defined below, and convey same to Eagle for Eagle to provide municipal water service to
Property. In connection with the review of the first preliminary plat application, Owner and Eagle
shall work together in good faith to develop a plan and timeline to provide municipal water to
Property and payment of the "Storage Trunk Line Fee", as such term is defined in Eagle City
Code. Prior to Eagle's execution of any final plat, Eagle and Owner shall, in good, faith, reconcile
the costs expended by Owner in connection with the Water System and any Over -sized Water
Facilities, as defined in Section 3.12, such that Owner shall be given credit against the Storage
Trunk Line Fee due and owing by Owner and associated with any portion of the Property being
final platted, or by executing a Water Reimbursement & Latecomers Agreement, defined below,
between Eagle and Owner.
Owner shall construct the municipal water conveyance system within Property for municipal water
as required to serve Property, hereinafter referred to as the "Water System", on a phase by phase
basis. The phasing of Property may dictate the location and construction of the Water System
components, but such construction shall follow Eagle's water system facility plan or its equivalent
at the time of construction. In designing and constructing the Water System, Owner shall consult
regularly with Eagle and construct the Water System to Eagle's standards. Wherever feasible,
Owner and Eagle agree to cooperate as appropriate on development and operation of facilities that
may include, without limitation, production wells, emergency back-up power generators, and
similar facilities.
As part of the construction of the Water System and conveyance to Eagle, Owner and Eagle shall
cooperate to the greatest extent practicable to ensure that all municipal water rights necessary to
serve Property are secured by Owner for the Water System and that the Water System can be
permitted and operated in conjunction with existing and planned water facilities of Eagle. Owner
shall transfer, convey or assign municipal water right(s) to Eagle for inclusion in Eagle's municipal
water supply system; provided, however, Owner is not required to convey or assign more water
right(s) than necessary to serve Property. Eagle shall cooperate with Owner, at no cost to Eagle, to
assist Owner in Owner's obtaining all permit(s) and licenses for municipal water rights sufficient
to serve the Property as the Property is developed in accordance with this Agreement. Any
engineering, legal or other costs actually incurred by Eagle directly related to Eagle's assistance to
Owner in securing the municipal water rights and the design and construction of the Water System
shall be reimbursed to Eagle by Owner upon receipt of an invoice from Eagle. As part of the
conveyance of any phase or portion of the Water System to Eagle, Owner shall provide Eagle with
all applicable as -built drawings, operation and maintenance manuals, operation records, and water
right records and other necessary information.
Eagle shall not issue any vertical building permits for any phase prior to Owner's completion of
the components of the Water System, or other measure(s) agreed to by Star Fire District, as
applicable, sufficient to provide fire protection for that phase of Property.
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Alternative methods of compliance to meet fire protection requirements during construction may
be agreed upon between the Owner and Eagle. Eagle shall not issue any certificates of occupancy
for any phase of Property prior to Owner's completion of the Water System for service of that
phase of Property or if any uncontested outstanding invoice from Eagle pursuant to this Section
has not been paid. In the event an invoice is contested, Owner shall place in escrow an amount of
money sufficient to pay such invoice pending resolution through good faith mediation between
Eagle and Owner. If the result of such mediation is unsatisfactory to Eagle and/or Owner, then any
party may avail itself of any legal or equitable remedy available to such party under Idaho law.
3.11 Without limiting the foregoing, Owner hereby grants to Eagle a right of first offer to purchase
Owner's additional ground or surface water rights (if any), subject to the terms set forth herein. If,
at any time after the date of this Agreement, Owner desires to sell such additional ground or
surface water rights, Owner shall give Eagle written notice (the "Offer Notice") of the possible
sale of such water rights. The Offer Notice above shall include, without limitation, the price of the
ground water rights and the projected closing date for the sale. Eagle shall have ninety (90) days
to consider the Offer Notice. If Eagle chooses to purchase the ground water rights pursuant to the
terms in the Offer Notice, Eagle shall deliver notice of its intent to so purchase within the ninety
(90) day period, and the transaction shall proceed as outlined in the Offer Notice. If Eagle fails to
give notice during the ninety (90) day period, Eagle's right of first offer shall terminate, and
Owner shall be free to close a sale to a buyer on the open market. Under no circumstances shall
Owner have any obligation to provide Offer Notice if Owner is selling or transferring such
additional ground water rights, in whole or in part, in connection with a transfer to any lender,
parent, subsidiary or affiliate of Owner, or transfers to any owners' association associated with
Property or to any entity owned by Owner or in which Owner holds a membership or ownership
interest, as applicable. Eagle's right of first offer shall continue in full force and effect for fifteen
(15) years from the Effective Date, unless this Agreement is otherwise terminated as provided
herein, in which event Eagle's right of first offer shall automatically terminate.
3.12 If the Water System being constructed by Owner is larger than needed to serve Property at its full
build -out, and it has reasonably been determined by Eagle to benefit properties other than the
Property, or if Eagle reasonably requires Owner to develop a portion of the Water System in
excess of that necessary to serve Property so as to allow Eagle to serve other properties
(collectively, the "Over -sized Water Facilities"), Eagle and Owner shall, in good faith, enter into a
reimbursement and latecomers agreement describing the amount and method of repayment of such
additional costs of only the Over -sized Water Facilities to Owner. In the event Eagle reasonably
determines that Eagle cannot directly reimburse Owner for all or a portion of costs in connection
with the Over -sized Water Facilities, Owner shall receive a credit for such costs against the
Storage Trunk Line Fee due and owing by Owner if allowable by law and Eagle City Code. The
Owner and Eagle shall enter into a "Water Reimbursement & Latecomers Agreement" to address
the repayment of the Over -sized Water Facilities through a latecomers charge to other benefited
properties. Such Water Reimbursement & Latecomers Agreement shall have a duration of
sufficient time following completion of the portion of the Water System for which reimbursement
is sought with such time to be mutually agreed between Owner and Eagle, but in no event less than
ten (10) and no more than twenty (20) years. Such Water Reimbursement & Latecomers
Agreement shall provide, in part, that: (a) interest be paid to Owner at a rate negotiated by the
parties in connection with the negotiation of the Water Reimbursement & Latecomers Agreement;
(b) Eagle shall retain from the service connection charges collected from such other benefited
property owners an administrative fee for handling the accounting, auditing, and payment of the
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reimbursement payments to be made to; and, (c) the Water Reimbursement & Latecomers
Agreement shall be binding on Owner and Eagle and their respective successors and assigns.
3.13 Upon development and conveyance of the Water System to Eagle, Eagle shall be responsible for
the operation and maintenance of the Water System and Eagle shall provide water service to the
Property in quantity and quality sufficient to satisfy the municipal water needs of Property as and
when required in connection with the development of the Property, subject to any water disruption
or degradation of water quality or quantity that is outside the control of Eagle and further subject
to Eagle's reasonably enacted and imposed standard terms and conditions of delivery. All water
service using the Water System shall be metered. Eagle shall receive no fee for water service until,
and only if, Eagle accepts ownership of, and operational and maintenance responsibility for the
Water System, after which time Eagle shall be entitled to collect such fees for water service. The
plan and timeline to be developed by Eagle and Owner as provided in Section 3.10 above shall
include, without limitation, construction timetables for the Water System and address any changes
in Eagle's water system facility plan that may negatively affect Eagle extending water service to
the Property. In the event Eagle reasonably determines that water service cannot timely be
extended to the Property, Eagle shall give Owner reasonable notice of that official action.
"Official action" means a decision by the Eagle City Council made at a duly noticed City Council
meeting.
3.14 Owner shall secure sufficient water rights or shares for irrigation and aesthetic needs of Property
pursuant to Eagle City Code Section 9-4-1-9(C). The method of providing irrigation water shall
be at the discretion of Owner so long as an adequate system and source of supply is provided to
serve Property on a phase by phase basis. Owner shall develop water conservation criteria for
landscape and irrigation and the criteria shall be submitted prior to preliminary plat approval.
Eagle shall not execute the applicable final plat for any phase prior to Owner's completion of the
main irrigation facilities, including sufficient irrigation water rights or shares for service to such
phase.
3.15 All private roads and/or private rights-of-way within the Property, if any, shall be constructed by
Owner to ACHD standards and owned and/or maintained by Owner and/or an owners' association.
Owner reserves the right to seek approval to limit access to private roads in the Property through
access control structures and to determine the location of curb cuts, provided a qualified engineer
determines that their location does not present a significant hazard. Owner may seek Eagle
approval to install access control structures within the medians of the private roads and/or private
rights-of-way at any portion of the Property. Owner shall grant to the appropriate service
providers license for police, fire, ambulance, garbage collection, water or sewer line installation
and repair, and other similar public purposes, over such private roads and/or rights-of-way.
Application for private streets shall be made to Eagle as allowed under Eagle City Code Title 9 at
the same time as a preliminary plat application is made which includes one or more private road(s).
Nothing herein implies or otherwise approves any private roads on the Property.
3.16 Owner shall comply with all requirements of ITD and/or ACHD, as applicable, including, but not
limited to, access approaches on Beacon Light Road and Floating Feather Road, and proposed
internal road locations, and road design. Street access and direct lot access to State Highway 16
shall be prohibited.
3.17 A new north south collector road shall be constructed in lieu of the typical ITD frontage road at a
minimum distance of 750 feet from the right-of-way dedication for State Highway 16.
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3.18 Owner shall work with Valley Regional Transit (VRT) to establish a Park and Ride facility to be
located within the Mixed Use zoned area as shown on the Concept Plan to help with the reduction
of vehicle trips within the immediate area.
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 67-6511 A 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 Owner fails to comply with the commitments set forth herein, within thirty (30) days of
written notice of such failure from Eagle, Eagle 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. and in accordance with the notice and hearing
provisions of Idaho Code Section 67-6509. In the event this Development Agreement is terminated
pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an A -R
(Agricultural -Residential) zoning designation until Eagle enacts and records an ordinance changing the
property to the A -R (Agricultural -Residential) zoning designation.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle the prevailing party 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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this Development Agreement 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 the Owner(s) (or
other appropriate party) and Eagle.
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
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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.
8.4 Legal Representation. Both the Owner and Eagle 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;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Hoot Nanney Farms, Inc.
Attn: Michal Dixon
8452 West Floating Feather Road
Star, Idaho 83669
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 Eagle herein, Owner agrees to provide
adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees
and the engineering fees, together with interest accrued thereon. Eagle 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, Eagle shall bill Owner for such fees,
adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle
and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the
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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 Eagle and invoiced, then
following thirty (30) days of written notice of such failure from Eagle, Eagle 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, Eagle shall release to
the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle'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;
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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 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.
Page 11 of 12
IC:1PIanning DeptlEagte Applications\RZ,&A120181A•O8-1818 RZ- 13-18 Hoot Nannoy Farms da cc fnl ver.doc
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this g clay of
Sharon K :ergmann, City Clerk
STATE OF IDAHO
. ss.
OI9.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
.... BY.:-
lA%o%E. idpeway, Mayor
•••• vO.RAT';
iO �.- :
i► S ALN^Q
•. .; v ::•".,..11:?:/.`
,,''''Ittf 'Panney Farms, Inc.
By.
hnDixon, Pr
County of Ada )
On this /y day of , 2019, before the undersigned notary public in and for
the said state, personally appeare MICHAL DIXON, known or identified to me to be the President of
Hoot Nanney Farms, Inc., the owners of the property referenced herein and the persons who executed the
foregoing instrument.
written.
IN WITNESS WHEREOF, 1 have hereunto set my hand and seal the day and year first above
otary Public for Idaho 0p
Residing at:
My Commission Ex ►res`'
Page 12 01'12
K I'larvung Dept Eagle ApphcalwnsiRZ&AL0181A-08-IS R. R2 -13-I x (loot ]acme% Farms do cc Int or doc
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Project No: 170287
Date: March 11, 2019
Page 1 of 1
Exhibit "A"
DESCRIPTION OF LAND
Hoot Nanney Farms
City of Eagle Annexation
T•O ENGINEERS
A parcel of land located in Government Lot 1, the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4 of
Section 4, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly
described as follows:
BEGINNING at a brass cap marking the northeast corner of said Government Lot 1; thence, along the
east boundary of said Lot,
1) S.00°45' 37"W., 2730.00 feet to an aluminum cap marking the east one-quarter corner of said
Section 4; thence, along the north boundary of said NE1/4 of the SE1/4,
2) N.89°12'05"W., 526.46 feet; thence,
3) S.00°45' 53"W., 1322.06 feet to the south boundary of said NE 1 /4 of the S E 1 /4 and the
centerline of Floating Feather Road; thence, along said boundary and said centerline,
4) N.89°17'00"W., 790.85 feet to a brass cap marking the southwest corner of said NE1/4 of the
SEI/4 and the centerline of State Highway 16 as shown on ITD right-of-way plans F.A.P.
DS -3832(5); thence, along the west boundary thereof and said centerline,
5) N.00°55'31"E., 3365.02 feet; thence,
6) S.89°44' 13"E., 744.13 feet; thence,
7) N.00°54'20"E., 676.07 feet to the north boundary of said Lot 1; thence, along said boundary,
8) S.89°44'08"E., 561.93 feet to the POINT OF BEGINNING.
CONTAINING: 94.31 acres, more or less.
SUBJECT TO: all Record Documents.
332 N Broadmore Way Nampa, ID 83687 Phone (208) 442.6300 Fax (208) 466.0944 info@to-engineers.com 1o•engineers.com
Aviation 1 Transportation ( land Development 1 Municipal 1 Water Resources 1 Surveying 1 landscape Architecture
EXHIBIT B"
Affidavit of MICHAL DIXON on behalf of Hoot Nanney Farms, Inc.
STATE OF IDAHO
County of Ada
AFFIDAVIT OF LEGAL INTEREST
}
) ss.
}
MICHAL DIXON, who being first duly sworn under oath, deposes and says:
1. I am MICHAL DIXON who is the President of Hoot Nanney Farms, Inc., whose mailing
address is 8452 West Floating Feather Road. Star, ID 83669 ("Hoot Nanney Farms, Inc.").
3. Hoot Nanney Farms, Inc., is the fee simple owner of the parcel of real property described
on Exhibit A, attached hereto (the "Property").
3. Hoot Nanney Farms, Inc. authorizes the submission of the Property to certain
Development Agreement dated the /1 day of -/1 'c /-i , 2019 pursuant to the provisions set
forth in Idaho Code Section 67-651 IA and Eagle City Code Section 8-10-1, by and between the City of
Eagle, a municipal corporation in the State of Idaho, and Michal Dixon, Hoot Nanney Farms, Inc. (the
"Agreement").
DATED this /1/ day of , 2019.
By: Hoot Nanney Farms, Inc.
By
Mi • al Dixon, President
SUBSCRIBED AND SWORN to before me this it day of '% 7jL., 2019.
.44 �‘E...•..R. ; 0 4
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1% / . _.4.4...4..4... gi,a4—
�.••��•,. Notary nblic for Idaho
QjV.� NOTAR �•., Residing at 7'Ja�.r...toal , Idaho
•
YN %� ; My Commission ekpires 1 Ia 1.a0-14-)
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Page I of 1
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Exhibit "C"
HOOT NANNEY FARMS
ANNEXATION & REZONE SITE PLAN
D & N INVESTMENTS LLC
S0404110250
COUNTY ZONING: RUT
it
TERRA VIEW LLC
S0333417201
EAGLE ZONING
MU
TERRA VIEW LLC
S0334320000
EAGLE ZONING: MU
CARNEYS RIVER BIRCH LLC
R8525440400
COUNTY ZONING: RUT
SANDRA A DIXON
R3721750030
COUNTY ZONING: RUT
STATE HIGHWAY 16
HOOT NANNEY
FARMS
R3721750020
STAR ZONING:
MU
▪ IIIII
a
CAROL H DIXO
R3721750010
STAR ZONING: MU
I
1 IDAHO TRANSPORTATION DEPARTMENT
S0404438402
COUNTY ZONE: R-1
IDAHO TRANSPORTATION DEPARTMENT
S040443804
COUNTY ZONE: R-1
■
MERQ HOLDINGS LLC
S5437560010
COUNTY ZONE: RUT
-
L;il LE GULCH CREEK
PCL: NO.
S0404110110
F L: NO,
SO:J4417250
,i W BEACON LIGHTRD ���///�H
ARCTIC WILD
LLC
S0403223250
COUNTY
ZONING. RUT
ARCTIC
WILD LLC
S0403234000
COUNTY ROMAN CATHOLIC
ZONING: DIOCESE OF BOISE
RUT 50404417300
COUNTY ZONING:
RUT
ROMAN CATHOLIC
DIOCESE OF BOISE
S0403320000
COUNTY ZONING:
RUT
W FLOATING FEATHER RD
R & H AGRICULTURE LLC
SO404449000
COUNTY ZONING: RUT
LEGACY EXPANSION LLC
SO403336110
EAGLE ZONING: R-2
LEGEND
ANNEXATION BOUNDARY
SECTION LINE
PARCEL LINES
▪ APPROXIMATE STAR CITY LIMITS
▪ APPROXIMATE EAGLE CITY LIMITS
EXISTING MIXED USE ZONE AREA
EXISTING R-4 ZONE AREA
EXISTING R-2 ZONE AREA
PROPOSED MIXED USE ZONE AREA
PROPOSED R-2 ZONE AREA
•
500 0
500 1000
T -O ENGINEERS
332 N. BROADMORE WAY
NAMPA, IDAHO 83687-5123
PHONE: (208) 442-6300 FAX (208) 466-0944
▪ E FILE: 170287 -0 -Ann Exhibit East.dwg DATE. 10118118 JOB 170287