Development Agreement - 1999 - Brookwood Subdivision - 5/12/1999
RECEIVED & FILEf\
CITY OF EAGLE
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1999 ADA COUNTY RECORDER ~ ~ I V ðO
MAY 1 2 J, ~~y~~.r~~X~~RO FEELLL-OEPUTY.
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THISj)EVELOPMENT AGREEMENT ("Agreement") is entered into this ..fL day of ~,
199~y and between the CITY OF EAGLE, IDAHO, a municipal corporation ("City"), and
HORMAECHEA LIMITHED PAR1NERSHIP, an Idaho limited partnership ("Developer").
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RECITALS:
A.
Developer is the owner of certain real property situated in the City of Eagle, Ada County, Idaho
("Property"), which contains approximately two hundred nineteen (219) acres in the agriculture
zoning of the City, and which Property is more particularly described in Exhibit "A" attached
hereto.
B.
Developer proposes to subdivide and develop on the Property a residential development,
consisting of approximately three hundred and eighty seven (387) residential units, to be known as
the Brookwood Subdivision ("Property").
C.
It is the intent of the Developer that the Project be developed in multiple phases, the timing and
dimensions of each phase being dependent upon market absorption rates.
D.
To facilitate development of the Project, the Developer has filed an appropriate rezone application,
subdivision application, a preliminary development plan ("Master Plan") and a conditional use
pennit application for a planned unit development.
E.
Pursuant to Section 8-10-1 (C) 7 of the City of Eagle Zoning Ordinance No. 298 ("Zoning
Ordinance"), this Development Agreement is intended to include certain covenants, conditions,
understandings and details respecting the development of the Project and is various phases, which
the parties believe are not adequately addressed in the planned unit development application
submitted pursuant to Chapter 6 of the City of Eagle Zoning Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the
parties agree as follows:
1.
Binding Effect. Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the
property that is the subject of the application to a R-2-DA-P and R-4-DA-P zoning district
(residential - two dwelling units per acre maximum and four dwelling units per acre maximum -
with Development Agreement and Planned Unit Development). The Properties are more
particularly described in Exhibits "B" and "C" attached hereto. The ordinance will become
effective after its passage, approval, and publication and the execution and recordation of this
Development Agreement. This Agreement, and all representations, covenants, conditions and
agreements herein contained, shall become effective after its execution and recordation in the
official records of Ada County, Idaho, and in any event shall run with the ownership of the
Property, and shall bind and benefit the City, the Developer, and all succeeding owners of said
Property, or any portion thereof.
2.
Brookwood PUD Application. Prior to the date of this Agreement, the Developer has submitted a
PUD application, including required supportive documentation and narrative text for the Project.
Developer hereby represents the infonnation contained therein is true and correct to the best of the
Developer's knowledge, and the same is hereby incorporated in this Development Agreement as
though set forth in full.
3.
Maximum Densitv. As mentioned herein above, Developers have filed with the City an
application to rezone the Property to a combination of low density residential ("R2 Zone") and
medium density residential ("R4 Zone"). Notwithstanding what might otherwise be pennitted as
maximum density if said zoning application and the PUD application for Brookwood Subdivision
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are approved by the City, Developer agrees that the total density for the property shall not exceed
three hundred and eighty seven (387) units.
4.
Floodolain Alteration. Ifpennitted by the applicable regulations of the United States Federal
Emergency Management Agency ("FEMA"), the Developer desires to alter and amend the
boundaries of the existing floodway situated on the Property. In order to have the matter reviewed
by FEMA, the Developer's request therefore mùst'be consented to, and signed by, the City, which
the City hereby agrees to do. It is understood and agreed by the Developer that such action shall
not constitute an endorsement by the City of Developer's request to alter and amend the floodway,
that determination being solely within the discretion of FEMA. City of Eagle approval shall be
subject to any FEMA requirements regarding the revised study for the Dry Creek Floodplain
currently underway by FEMA.
5.
Floodway Setback. All buildings shall be set back a minimum of 50 feet from the floodway line
except that when the 100 year floodplain line is 50-feet or less from the floodway line the
floodplain line shall be the setback line.
6.
Floodplain Grading. Grading plans shall show that grading shall be done in such a way that the
floodwater storage volume in the floodplain, as bounded by the existing surface topography and
the Base Flood Elevation surface, shall not be reduced from the current quantity. Depressions
which will be filled with ground water and sections of the floodplain which are restricted from
floodwater conveyance due to roads built above the Base Flood Elevation shall not be considered
when determining floodwater storage volumes.
7.
Roadways and Manholes Within The Floodolain. Roadways and manholes within the floodplain
shall be a minimum of 0.5 feet above Base Flood Elevation at center line and manhole ring
respectively and all new roads built above the Base Flood Elevation shall not restrict conveyance
of floodwater into sections of the floodplain which may be cut off by the proposed road. Culverts
or bridges shall be provided under roads to allow floodwater conveyance for floodwater storage
into sections of the floodplain which may be cut of by a road.
8.
Nature trail. On the Master Plan is shown a pedestrian nature trail extending along the northern
portion of the Project, denominated as the "Proposed Regional Trail, Ridge to Rivers." This trail
shall be constructed by the Developer, according to plans and specifications to be mutually agreed
upon by the City. Upon completion, an easement of sufficient width to include the trail, and title
to all improvements constructed thereon, shall be given by the Developer to the City free of all
liens and encumbrances. Thereafter, the Developer shall have no further obligation with respect to
the repair and maintenance of said nature trail, nor any liability for any use made thereof by the
City.
9.
Water Service. Subject to the following terms and conditions, the parties understand and agree
that the Project shall be served with potable water and fire flows from the municipal water system
owned by the City:
a.
The Developer shall install a well, as specified by the City Engineer, to meet the
potable water needs of the residents of the subdivision.
b.
On or before approval of a final development plan for the Project, the City shall
provide Developer with reasonable evidence that its municipal water system will
have, when the well is installed by the Developer, adequate capacity to provide
required potable water needs and fire flows to the residential units planned for the
Project, and that it will make such service available at the domestic rates prevailing
at the time connections are requested, including monthly service rates and all other
fees and charges payable at the time of connection.
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10.
Phasing. The City understands and agrees that the Project is planned to be developed in
approximately thirteen (13) phases, the exact timing and sequencing of which shall be determined
by the Developer, subject to approval from the City. Provided a [mal plat for each approved phase
of the Project is presented to the City within two (2) years of the [mal plat approval for the
preceding phase, the PUD approval and all related preliminary plat approvals shall remain in full
force and effect.
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11.
Master Plan. The Master Plan represents Developer's current concept for completion of the
Project. As the Master Plan evolves into preliminary plat applications, the City understands and
agrees that certain changes in that concept will likely occur, such as total lot numbers and
configuration, and minor alterations in the aligmnent of streets and configuration of open spaces.
Such changes, if proposed by the Developer, shall be placed on meeting agendas and reviewed by
the City as "New Business" items and not as "Public Hearing" items unless the City determines
that any such changes require additional public comment due to potential impacts on surrounding
property or the community. If the City determines that a public hearing shall be held on any
proposed changes in the Master Plan, notice therefore shall be provided in the same manner as was
provided for in the initial approval process for the Master Plan.
Notwithstanding the foregoing, no changes in the size in Lots 92, 93, 94, and 95, Block 2, as
depicted on the preliminary plat of Brookwood Subdivision shall be made unless approved by the
City after notice to adjoining property owners and an opportunity for said owners to be heard on
the matter.
12.
Resubdivision. No buildings or improvements other than streets, utilities, berms, or water
features, shall be commenced within Blocks 6, 18, 21 or 22, Brookwood Subdivision, as shown on
the preliminary plat thereof, until an unless said block or blocks have been resubdivided by the
Developer and a preliminary plat for the same has been approved by the City.
13.
Construction Management. To promote the orderly construction and development of various
phases of the Project, and to prevent, to the extent practicable, construction activities from
becoming a nuisance or hazard to residents within completed phases, prepare and implement a
construction management plan which includes identification of a construction staging area for that
phase, designated parking areas for construction employees and equipment, and, if necessary,
temporary construction equipment access roads into and across the Project. A copy of said plan
shall, prior to such construction, be provided to the City. Developer further agrees to instruct all
of it contractors and subcontractors of the strict necessity for using the staging areas and
construction parking areas exclusively for their intended purposes during the development of the
Project, and further agrees to promptly respond to any complaints or concerns over these issues
expressed by the City or neighboring property owners.
14.
Dust and Erosion Control. The Developer acknowledges that the Subdivision is situated in the
immediate vicinity of existing residences, making dust and erosion control of critical importance
during the construction. The Developer will cooperate with the City in devising, amending and
implementing the adequate steps to prevent erosion on the site and dust migrating from the site.
Without limiting the foregoing, the Developer agrees to the following initial dust and erosion
control steps.
a.
Developer shall expressly discuss the need for proper dust and erosion control with
each contractor or subcontractor whose work on the site could create or promote
excessive dust or erosion, and include any appropriate provisions concerning these
matters in all construction and grading contracts.
b.
Developer shall ensure that all disturbed areas are watered by hose, sprinkler system,
or sprinkling truck frequently enough to preclude conditions where excessive dust or
dirt will drift or be blown from the site.
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15.
16.
c.
For purposes of both dust and erosion control, the Developer shall work with all
contractors and subcontractors to prevent unnecessary destruction of existing ground
cover and plants, and disturbance of soil areas. The Developer shall be particularly
careful around areas where erosion could transport soil and other materials into
existing waterways or wetland areas, as the construction schedule permits to
minimize erosion and dust control.
, ~
Police Powers. Nothing contained herein is intended to limit the police powers of the City or its
discretion in reviewing subsequent application regarding development and construction of the
Property, or improvements within any phase thereof. Except as herein regulated, including
without limitation, applicable building codes, rlIe codes, zoning ordinances, subdivision
ordinances, or comprehensive plan provisions.
Specific Perfonnance. On a breach of this Agreement, in addition to all other remedies at law or
in equity, this Agreement may be enforced by specific performance by the City. All remedies
shall be cumulative.
17.
Attorney's Fees. In the event either party is required to retain counsel to enforce a provision of
this Agreement, or to recover damages resulting from a breach hereof, the prevailing party shall be
entitled to recover from the other party all costs and reasonable attorney's fees incurred, including
costs and attorney's fees incurred on appeal.
18.
Notices. All notices required or provided for under this Agreement, or which may become
necessary in the event of a default in any of the terms and conditions of this Agreement, shall be in
writing and deemed delivered upon delivery in person or by certified mail, postage pre-paid. Such
notices to the City shall be addressed as follows:
City of Eagle
Planning & Zoning Administrator
310 East State Street
Eagle, Idaho 83616
Notices to the Developer shall be addressed as follows:
Michael Honnaechea
Honnaechea Limited Partnership
1101 River Street, Suite 300
Boise, Idaho 83702
A party may change the address to which the address to which further notices are to be sent by
notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the
new address.
19.
Wavier. The failure by the City at any time to strictly enforce the provisions of this Agreement or
to remedy any breach hereof by the Developer, shall not constitute a waiver by the City of any of
the covenants or conditions of this Agreement with regard to any subsequent default or breach, nor
shall it be construed in any manner as an amendment of this Agreement.
20.
Costs and Fees. In the event any suit or action is instituted to enforce any provision of this
Development Agreement, or to remedy any breach thereof, the prevailing party shall be entitled, in
addition to any other remedies or damages awarded, to recover all fees and costs reasonably
incurred in said suit or action, including attorney fees.
21.
Amendment. No amendments shall be made to this Development Agreement, nor to any approved
plat, zoning designation or other approval issued in connection with this Project, shall be given by
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22.
23.
the City without fIrst complying with the notice and hearings provisions contained in Idaho Code
§ 67-6509, and as required by Eagle City Code Section 8-10-1.
Termination. In the event the Developer defaults in the performance of any of the terms and
conditions of this Development Agreement or any conditions placed upon the approval of the
Project by the City, the City may rescind the Development Agreement and revoke any plan
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approvals, preliminary plat approvals or building ~ermits previously granted in connection with
the Project; provided, however, that no such action shall be taken until and unless the City has first
given Developer notice of the alleged default, granting the Developer a period of time deemed
reasonable by the City in which to cure the same.
Entire AlITeement. This Agreement constitutes the full and complete agreement and
understanding between the parties hereto. There are no representations or warranties mad by
either party except those expressly made in this Agreement or in subsequent written amendments
hereto.
24.
Authoritv. Each of the persons executing this Agreement represents and warrants that he has the
lawful authority and authorization to execute this Agreement for and on behalf of the entity
executing this Agreement.
25.
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 instrument shall terminate and the zoning of the
property shall revert to the Agricultural (A) zoning designation unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant (or
other appropriate party) and Eagle as an amendment to the Development Agreement processed in
accordance with the notice and hearing provisions ofIdaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
IN WITNESS WHEREOF, the parties have executed this Agreement on the Day and year fIrst
above written.
CITY OF EAGLE, IDAHO,
A MUNICIPAL CORPORATION
By:
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Sharo Moore
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HORMAECHEA LIMITED PARTNERSHIP
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General Partner
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