Development Agreement - 2019 - Endless Views Subdivision - 2/21/2019ADA COUNTY RECORDER PhAcGrane 2019-026071
BOISE IDAHO Pgs=11 LISA T 0410312019 09:405 AM
EAGLE CITY
FEE
006 CA N N i_
Recording Requested By 131111111LEMAIRE11111111111 13
and
When Recorded Retum to: �—
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle. Idaho 83616
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 Thomas Turgeon and Dawn Kelly ("Owner").
WHEREAS. the Owner is the owner of record of certain real estate located at 2700 North
Meridian 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-11-
18: and
WHEREAS. the proposed development includes properties within an area currently zoned RUT
(Rural -Urban Transition — Ada County designation); and
WHEREAS. the Owner desires a R -E -DA (Residential -Estates with a development agreement)
zoning classification to develop a 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 residential project upon the Property must 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 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 R -E -DA (Residential -Estates with a
development agreement) zoning designation 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
sante: and
Pa_ge1of7
A PWmuic AppIKalKin. 511151(11K Indkv. aw.Wndi,A btl.c, .M�
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 R -E -DA (Residential -Estates 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 one (1) unit per two (2) acres.
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 the common driveway providing
access to Lots 1 and 2, Block 1. The owner shall provide an operation and maintenance manual
including the funding mechanism as an addendum to the CC&Rs and the repair and
maintenance requirement shall run with the land and that the requirement cannot be modified
and that the homeowner's association or other entity cannot be dissolved without the express
consent of the city.
(b) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all
applicable 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.
Page 2 of 7
K:lPlanning Dcp\Eaglc App icuinnn\SUBS1201K1Enik.s View. Sub da cd (nl vcr.doc
3.5 The residential dwelling unit located at 2700 North Meridian Road shall be allowed to remain at its
current location. The side yard setback for the residential dwelling is 15 -feet. Should the dwelling be
replaced the new dwelling shall meet the setback requirements for the R -E (Residential -Estates)
zone.
3.6 The two (2) accessory structures located adjacent to the northern property line shall be allowed to
remain at their current locations. The side yard setback for the accessory structures located adjacent
to the northern boundary line is 7 -feet. Should either of the accessory structures be removed and/or
replaced, the new accessory structure shall meet the setback requirements for the R -E (Residential -
Estates) zone.
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 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.
Page 3 of 7
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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.
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:
Thomas Turgeon and Dawn Kelly
2700 North Meridian Road
Eagle, Idaho 83616
Page 4 of 7
KAPLtnning Dcp\Eagk Applicatiimr$$UBS120181t:ndk s Views Sub da cc( fnl scr.d,K
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
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.
Page 5 of 7
K:' Planning l)cpt'l:aglc Applicat inm, SUBS 201 tt, kndkti. Vices. Sub da ix( rnl
8.9 Authority to Enter 1nto_A2reement: 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
hr
DATED this qday of f' . f%Y2019.
ATTEST:
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Sharon K. Bergmann, City er
STATE OF IDAHO )
:ss.
County of Ada )
CITY OF EAGLE. a municipal corporation organized
and e under th • sof the to of Idaho
By:
Stan Ridgeway, Mayor
Owner:
Thomas Turgeon
By:
Dawn Kelly
,K �,.,�.
On this —I day of Ee.Y� LAFf. , 2019, before the undersigned notary public in and for
the said state. personally appeared THOMAt TURGEON, known or identified to me to be the owners of
the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and seal the day and year first above
written.
1
COREY LEIKAUF
Notary Public - State of Idaho
Commission Number 68346
My Commission Expires Aug 30, 2022
No Public for
Residing at: tU�,eV...r _.
My Commission Expires: or
Page 6 of 7
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SSOS , .' :: , .tc r..:. ;,tr. trot. •('.1
STATE OF IDAHO
: ss.
County of Ada )
On this day of f; e-SPOc.xcvr' , 2019. before the undersigned notary public in and for
the said state. personally appeared DAWN KELLY, known or identified to me to be the owners of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and seal the day and year first above
written.
COREY LEIKAUF
Notary Public - State of Idaho
Commission Number 68346
My Commission Expires Aug 30, 2022
Nota girrblic for Idaho
Residing at: ,grcc9.a-h.,.. tD
My Commission Expires:�� O V7... -t_
Page 7 of 7
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July 11,2018
Exhibit "A"
Endless Views Subdivision
Description for Annexation & Rezone
RECEIVED & FILED
CITY OF EAGLE
JUL 2 6 2018
■■Quac drant
Consul iriy, I11%_.
A parcel of land being a portion of Government Lot 4 located in a portion of the Northwest
quarter of Section 6, Township 4 North, Range 1 East, Boise Meridian. Ada County. Idaho,
and more particularly described as follows: COMMENCING at a brass cap monument
marking the Northwest corner of the said Northwest quarter of Section 6, thence
South 0° 54' 00" West (shown of record as South 0° 03' 30" East) 400.00 feet along the
Westerly boundary of the said Northwest quarter of Section 6, also being the centerline of
North Meridian Road to the POINT OF BEGINNING, thence
South 89° 17' 27" East 1107.36 feet to a point on the Easterly boundary of said
Government Lot 4; thence
South 00° 25' 46" East 180.00 feet along said Easterly boundary to a point; thence leaving
said Easterly boundary
North 89° 17' 27" West 892.56 feet to a point; thence
South 0° 54' 00" West 87.00 feet to a point; thence
North 89° 17' 27" West 218.97 feet to a point on the said centerline of North Meridian
Road, thence along said centerline
North 0° 54' 00" East 266.97 feet to the POINT OF BEGINNING.
Said parcel contains 5.021 acres, more or Tess.
1904 West Overland Road • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: auadrantaeauadrant.cc
Civil Engineering • Surveying
STATE OF IDAHO
County of Ada
Exhibit "B"
Affidavit of DAWN KELLY
AFFIDAVIT OF LEGAL INTEREST
) ss.
)
DAWN KELLY. who being first duly sworn under oath. deposes and says:
1. I am DAWN KELLY. whose mailing address is 2700 North Meridian Road. Eagle.
Idaho. 83616 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1.
attached hereto (the "Property").
3. Dawn Kelly authorizes the submission of the Property to certain Development
Agreement pursuant to the_grovisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the K day of Fdn': k, , 2019 by and between the City of Eagle. a municipal
corporation in the State of Idaho, and Owner (the "Agreement"). r
DATED this day of re iota tail . 2019.
By: Owner
By:). -s---,
Dawn Kelly
SUBSCRIBED AND SWORN to before me this 4.m day of , 2019.
JELL ANL -ANL. JIM
6
COREY LEIKAUF
Notary Public - State of Idaho
Commission Number 6834
My Commission Expires Aug 30, 2022
NotaD/Publicfor Ida
r.�i
t}6
Residing at ;"C. -kc)\- u.-.. , Idaho
My Commission expires c' G-
Page 1 of 1
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Exhibit "B"
Affidavit of THOMAS TURGEON
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
THOMAS TURGEON, who being first duly sworn under oath, deposes and says:
1. I am THOMAS TURGEON. whose mailing address is 27(X) North Meridian Road, Eagle.
Idaho. 83616 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1.
attached hereto (the "Property").
3. Thomas Turgeon authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the'! day of fz.bf� 2019 by and between the City of Eagle. a municipal
corporation in the State of Idaho, and Owner (the "Agreement").
DATED this T- day of Fr-7..gAL,. a.(. 2019.
By: Owner
Thomas Turgeon
SUBSCRIBED AND SWORN to hcfore me this t\ l _ day of r I • 2019.
COREY LEIKAUF
Notary Public - State of Idaho
Commission Number 68346
My Commission Expires Aug 30, 2022
Notafii bl c for Idaho
Residing at . Idaho
My Commission expires C�Li -
Page 1 of 1
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