Development Agreement - 1996 - Hendershot DA - 12/19/1996
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Eagle, Idaho 83616
APR 2 5 1997
CITY CLERKITREASURER
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CITY OF EAGLE
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PROPOSED
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into this -&.- day of CÀ-t¡;"8t£. , 1996,
by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), by
and through its Mayor, and HENDERSHOT CONSTRUCTION, INC., an Idaho corporation and
MARY L. REID ("Applicant").
,WHEREAS, the Applicant is owner of record of certain real estate located at 1150 S. Eagle
Road, Eagle, Idaho ("Property"), which is the subject of an application for rezone in Eagle,
. identified as Rezone Application No. A-I-96/RZ-2-96; and
WHEREAS, the proposed development includes properties within an area currently zoned
"Agricultural" ("A"); and
WHEREAS, the Applicant desires to develop two residential lots on the above-described
parcel, more particularly described (in concept only) on Exhibit "A" attached hereto and made a part
hereof, the combination of which are 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 be limited to prevent
undue damage and to otherwise be in harmony with existing residential development; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's
use and enjoyment of the Property for the purpose of developing it with two residential lots while
at the same time limiting the adverse impacts of the development upon residential property owners
near the Property and ensuring the Property is developed in a manner consistent with Eagle's plan
for locating residential development, all as reflected in Eagle's Comprehensive Plan; and
DEVELOPMENT AGREEMENT - Page 1
FINAL DRAFT DATED DECEMBER II, 1996
0:\1019\7\HEND-DEV.AGM
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and have consented to an AR zoning
designation for the Property; and
WHEREAS, the owner of the Property has previously provided Eagle with an affidavit
agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section
8-10-1 (C)(I); and
WHEREFORE, Applicant 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:
I. LEGAL AUTHORITY
A. This Development Agreement is made pursuant to and in accordance with the provisions
ofIdaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
II. ZONING ORDINANCE AMENDMENT
A.Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
property that is the subject of the application to an "Agricultural-Residential District" ("A-R"),
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 Applicant will develop the Property as represented in the rezone application,
including the concept plan, subject to the conditions set forth in this Development Agreement.
Further, Applicant will submit such applications regarding flood plain development permit review
design review, or any conditional use permits and as are required by the Eagle City Code.
3.2 The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made. Unless greater requirements are established by said ordinance, the
following conditions shall be satisfied:
3.2.1 The property shall be split into no more than two lots, (depicted in concept
in Exhibit "A"), to be used for residential purposes.
3.2.2 There shall be a thirty-foot (30') easement granted across Lot 1 for the benefit
of Lots 1 and 2 to be used as a private road for access to the two lots.
DEVELOPMENT AGREEMENT - Page 2
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3.2.3 The conditions, covenants, and restrictions shall contain at least the following:
(a) The property will be used only for residential purposes and not for
agricultural purposes, except to the extent such agricultural use is intended as
landscaping.
(b) There shall be an established maintenance agreement or conditions in the
CC&Rs setting forth responsibility for the shared driveway as set forth in paragraph
3.2.2.
3.2.4 Prior to issuance of any building permits, Applicant shall provide proof of
adequate septic or sewer service to the proposed residences. A letter of approval shall be
provided to the City from the Idaho Department of Health, Division of Environmental
Quality, and/or Central District Health, prior to issuance of any building permits.
3.2.5 Any mobile homes currently located on the property shall be removed within
24 months, or prior to issuance of a building permit, whichever occurs first.
3.2.6 Prior to the issuance of building permits, the Zoning Administrator shall be
provided specifications for height, size, and location of the residences and adjoining
structures.
3.2.7 Applicant shall provide a report or analysis of proposed changes to wetlands
located on the property and any such change shall be contingent upon approval by the Idaho
Fish & Game Department, the Army Corps of Engineers and any other appropriate
governmental agencies, and shall be in accordance with Eagle City Code.
3.2.8 Applicant will comply with all rules, regulations, and ordinances of the City
of Eagle including, but not limited to, applications for a development permit as required by
title 10 of the Eagle City Code.
3.2.9 A public easement for a greenbelt pathway (set forth in concept on the
proposed applications attached hereto as Exhibit "A") shall be provided. A ten foot pathway
shall be constructed. The specific location and design of the pathway shall be approved by
the City Council prior to issuance of a building permit, or approval of a lot split when it
comes before Council for approval of the lot split for the parcel.
3.2.10 The residences shall be connected to central sewer upon availability.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
DEVELOPMENT AGREEMENT - Page 3
FINAL DRAFT DATED DECEMBER II, 1996
D:\1019\7\HEND-DEV.AGM
4.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to 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 Applicant 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 tenninate 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, Eagle 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
6.1 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 instrument shall terminate and the zoning of the property shall
revert to "Agricultural" as set forth in the above Article.
ARTICLE VII
ASSIGNMENT AND TRANSFER
7.1 After its execution, the Development Agreement shall be recorded in the office of the
County Recorder at the expense of the Applicant. Each commitment and restriction on the
commercial 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 the Applicant and owners, and
their 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 liable for all commitments and other obligations arising under this Agreement with respect
to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
DEVELOPMENT AGREEMENT - Page 4
FINAL DRAFT DATED DECEMBER II, 1996
D:\1019\7\HEND-DEV.AGM
8.1 Amendments. Any alteration or change to this Development Agreement shall be
made only after complying with the notice and hearing provisions ofIdaho Code Section 67-6509,
as required by Eagle City Code Section 8-10-1.
8.2 Paragraph Headin~s. 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 ofIdaho 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 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:
Mark Butler
Planning and Zoning Administrator
City of Eagle
310 E. State
Eagle, Idaho 83616
Applicant:
Ed Hendershot
Hendershot Construction, Inc.
1560 E. 1st Street
Meridian, Idaho 83642
or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt ifby 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.
8.5 Effective Date. This Development Agreement shall be effective after delivery to each
of the parties hereto of a fully executed original of this Development Agreement.
DEVELOPMENT AGREEMENT - Page 5
FINAL DRAFT DATED DECEMBER II, 1996
D:\1019\7\HEND-DEV.AGM
IN WI1NESS WHEREOF, the parties have executed this Development Agreement.
DATED this /9 day of ~.eA186e
,1996.
CITY OF EAGLE, a municipal corporation organized
and existing under e laws of the State ofldaho
ATIEST:
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City Clerk
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DATED this I:l{day of ~'ì~96.
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HENDERSHOT CONSTRUCTION, INC.
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Ed Hendershot, President
DATED this j.!:L day of ApI'" I
, 1996.
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/ L. Reid
DEVELOPMENT AGREEMENT - Page 6
FINAL DRAFT DATED DECEMBER II, 1996
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STATE OF IDAHO)
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County of Ada
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On this I hy of [)¿~6, before the undersigned notary public in and for the
said state, personally appeared CHARLES A. BOWER, known or identified to me to be the Mayor
of the City of Eagle and the person who executed the foregoing instrument on behalf of said City and
acknowledged to me that said City executed the same.
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IN WI1NESS WHEREOF, I have hereunto set my hand and seal the day and Y;~¥(n-st above'
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On this & day of 199V, before the undersigned notary public in and for the
said state, personally appeared E HENDERSHOT, known or identified to me to be the President
of HENDERSHOT CONSTRUCTION, INe., and the person who executed the foregoing instrwn,ent
on behalf of said Corporation and acknowledged to me that said Corporation executed the ,same.
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IN WI1NESS WHEREOF, I have hereunto set my hand and seal the day aIlctyefu.'first above
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On this J ~ day of Af)R ~ ,/ J - ~, before the undersigned notary public in and for the
said state, personally appe~L. REID, known or identified to me as the person who
executed the foregoing instrument, and acknowledged to me that she executed the same.
IN WI1NESS WHEREOF, I have hereunto set my hand
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a1 the day and year first above
DEVELOPMENT AGREEMENT - Page 8
FINAL DRAFT DATED DECEMBER II, 1996
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