Development Agreement - 2025 - Whitehurst Village - 8/26/2025Ada County Recorder Trent Tripple 2025-057697
Boise, Idaho Pgs= 12 cfowler 09/05/2025 11:22:45 AM
CITY OF EAGLE $0.00
Electronically Recorded
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. 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, and BLUE SPRUCE LAND COMPANY, LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel
No. R2860500032 ("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. RZDA-2025-02;
WHEREAS, the proposed development includes property within an area currently zoned A-R
(Agricultural -Residential); and
WHEREAS, the Owner desires a R-3-DA-P (Residential with a development agreement — PUD)
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 development 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 a R-3-DA-P (Residential with a development
agreement — PUD) 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 Eagle City Code Section 8-10-1(C)(1) and be bound by same;
and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
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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-3-DA-P (Residential with a development agreement — PUD), 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 OF DEVELOPMENT
3.1 The maximum density for the Property shall be 2.42 dwelling units per acre (11-single-family lots).
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, 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, fences shown, and amenities. 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 homeowners 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 Fencing Plan (Exhibit D). All
other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to
maintain and operate the light fixtures including the repair and replacement of the fixture, any
associated electrical supply, and light bulbs, in perpetuity.
(d) 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
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be amended to comply with the applicable rule, regulation, law or ordinance.
(e) Owner shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Whitehurst Village Subdivision. The CEP Funding Plan shall be
executed by the Owner and City prior to the City Clerk signing the final plat.
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.
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
A-R (Agricultural -Residential) zoning designation until City enacts and records an ordinance
changing the property to the A-R (Agricultural -Residential) 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
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all commitments and other obligations arising under this Agreement with respect to the Property or portion
thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. If the Property subject to this Development Agreement consists of multiple parcels or
is subsequently divided and any parcel(s) which are a portion of the original subject property are sold
to different parties then this Development Agreement may be amended in whole or in part or
terminated as to a specific parcel or parcels upon compliance with the notice and public hearing
requirements specified in this Development Agreement, Eagle City Code Section 8-10-1 and Idaho
Code Section 67-6509 without the requirement that the owner(s) of any of the other parcels which
were part of the original Property agree to or be party to such amendment or termination of this
Development Agreement.
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 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:
Owner:
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Blue Spruce Land Company, LLC
Attn: D. Zachary Evans
7761 W Riverside Drive, Suite 100
Boise, ID 83714
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
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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 fmancial 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 attomey fees and engineering fees,
City shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable.
City's draw upon the financial assurance under this Section shall not preclude it from exercising any of
the other rights and remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
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.
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STATE OF IDAHO )
: ss.
County of Ada )
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 210day of IFi 1/51, 2025.
CITY OF EAGLE, a mun. ipal corporation organized
and existing under the s of the State of Idaho
By:
Br
racy 'i , born City Clerk c-2'
• AL •
()1. VC) ,,,,,
ike, May
On this 1,. day of / U , in the year 2025, 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 affixe. my official seal the day and year first
written.
NotaPublic
Residing at: Lal 1.L 1
-119
My Commission Expires: I Z co13
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STATE OF IDAHO )
ss.
County of Ada )
k4••
On this 5 day of S M O Per , 2025, before the undersigned notary public in and for
the said state, personally appeared D. ZACHARY EVANS, known and identified to me to be a member of
BLUE SPRUCE LAND COMPANY, LLC, known or identified to me to be the owners of the property
referenced herein and the persons who executed the foregoing instrument.
OWNER:
BLUE SPRUCE LAND COMPANY, LLC
By:
D. Zachary Evans, Member
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
LILLIAN R TABOR
) COMMISSION #30210
NOTARY PUBLIC
STATE OF IDAHO
riLit gpTe17-ra__
Notary Public for Idaho II
Residing at: $D t Se-)
My Commission Expires: or -.20 3 0
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INDEX OF EXHIBITS
A - Legal Description
B Affidavit of Owner
C - Concept Plan
D - Fencing Plan
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Exhibit A
Legal Description
Whitehurst Village Subdivision
Proposed R-3 Zone
A parcel being located in the SE 1/4 of Section 12, Township 4 North, Range 1 West, Boise Meridian, City
of Eagle, Ada County, Idaho, and more particularly described as follows:
Commencing at an Aluminum Cap monument marking the northwest corner of the SE 1/4 (Center 1/4
corner) of said Section 12, from which an Aluminum Cap monument marking the northeast corner of said
SE 1/4 bears S 89°20'20" E a distance of 2644.73 feet;
Thence S 89°20'20" E along the northerly boundary of said SE 1/4 a distance of 806.44 feet to the POINT
OF BEGINNING;
Thence continuing along said northerly boundary S 89°20'20" E a distance of 519.98 feet to a point;
Thence leaving said boundary S 0°43'04" W a distance of 236.53 feet to a point;
Thence N 89°17'06" W a distance of 259.61 feet to a point;
Thence S 0°43'04" W a distance of 289.68 feet to a point on the centerline of W. Flint Drive;
Thence along said centerline S 79°40'36" W a distance of 265.96 feet to a point;
Thence leaving said centerline N 0°47'04" E a distance of 576.65 feet to the POINT OF BEGINNING.
This parcel contains 4.71 acres, more or Tess.
Clinton W. Hansen, PLS
Land Solutions, PC
September 17, 2024
LantWolutions
Land Surveying and Consulting
Whitehurst Village Subdivision
R-3 Zone
Job No. 24-29
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Exhibit B
Affidavit of D. ZACHARY EVANS on behalf of Blue Spruce Land Company, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
NAME, who being first duly sworn under oath, deposes and says:
1. I am D. ZACHARY EVANS, who is a member of Blue Spruce Land Company, LLC,
whose mailing address is 7761 W Riverside Drive, Suite 100, Eagle, ID, 83616 ("Owner").
2. Owner is the fee simple owner of the parcel of real property described on Exhibit A,
attached hereto (the "Property").
3. D. Zachary Evans authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-651 IA and Eagle City Code
Section 8-10-1 dated the day of , 2025 by and between the City of Eagle, a municipal
corporation in the State of Idaho, and Owner (the "Agreement").
DATED this � day of i v \ , 2025.
By: Blue Spruce Land Company, LLC
By:
D. Zachary Evans, Member
-ON SUBSCRIBED AND SWORN to before me this day of 41 , 2025.
R1'
Notary Public for Idaho
Residing at ' p \S2 , Idaho
My Commission expires og —..O 30
LILLIAN R TABOR
COMMISSION #30210
NOTARY PUBLIC
STATE OF IDAHO
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