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Development Agreement - 2001 - Countryside Estates/Capital Dev. & Tom Ricks - 1/31/2001 Recording Requested By and When Recorded Return to: 2001 FE 26 PH 2: 14 ~~\ ~~~ RECORDED - REQUEST OF FEE \%~OEPUTY.~~~ 101016818 .ADA CùUNTY RECORDER J. DAVID NAVARRO e0!5C fOMtO RECEIVED & FILED CITY OF EAGLE Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 F t B 2 8 2001 F:le: Route to: 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 ("Eagle"), and CAPITAL DEVELOPMENT AND TOM RICKS ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate consisting of approximately sixty two and seven-tenths (62.7) acres located near the northwest comer of State Highway 44 and Ballantyne Lane, Eagle, Idaho, ("Property"), as shown on Exhibit A and as specifically defined in the attached legal description (Exhibit B) which is the subject of an application for Rezone identified as Rezone Application No. RZ-2-00; and WHEREAS, the proposed development includes properties within an area currently zoned A-R (Agricultural-Residential) and RT (Rural Transitional); and WHEREAS, the Applicant desires an R-2-P zoning classification to develop a 112-10t (96-buildable) residential PUD subdivision 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 the residential project upon the Property must be limited 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 Applicant'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 Applicant 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-2-DA-P zoning designation for the Property with the requirements set forth in this Development Agreement; and Page 1 of 6 KIPlanning DeptlEagle AppocationslSUBSI2000lCownryside Estates da fmal cc version.doc.doc WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10- I(C)(1); and WHEREFORE, the 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: ARTICLE I LEGAL AUTHORITY 1.1 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 zoning designation, 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 n CONDITIONS OF DEVELOPMENT 2.1 The density for the entire Property shall be limited to 1.47 units per acre (96-units on 62.7 acres). 2.2 The owner shall submit a Planned Unit Development (PUD) application for the site (in accordance with Eagle City Code), and shall comply with all conditions required by Eagle as a part of the PUD. 2.3 The development shall comply with the Eagle City Code, as it exists in final form at the time an application is made and the conditions within this agreement shall be satisfied. AR TI CLE ill AFFIDA VIT OF PROPERTY OWNERS 3.1 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 IV DEFAULT 4.1 In the event the Applicant fails to comply with the commitments set forth herein, within Page 2 of 6 K:\PLanning DeptlEagle ApplicationslSUBS\2000lCountryside Estates da final cc versiotLdoc.doc 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. 4.2 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 V UNENFORCEABLE PROVISIONS 5.1 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 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 of Idaho Code Section 67- 6509, as required by Eagle City Code Section 8-10-1. AR TI CLE VI ASSIGNMENT AND TRANSFER 6.1 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 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 VII GENERAL MA TIERS Page 3 of 6 KIPlanning DeptlEagle ApplicationslSUBSI2000ICountryside Estates da final cc version.doe.doc 7.1 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. 7.2 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. 7.3 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. 7.4 Legal Representation. Both the Applicant 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. 7.5 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: Planning and Zoning Administrator City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Capital Development and Tom Ricks 2304 N. Cole Road Boise, ill 83704 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. 7.5 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. Page 4 of 6 KIPlanlling DeptlEagle ApplicationslSUBSI2000\Countryside EStates da final cc version.doc.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this M day Of.JAtuuoJ¡2001. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ayor A TIEST: A~\;,~~ Sharon Moore, City Clerk DATEDthis~dayof ~uj,2001. , STATE OF IDAHO ) : ss. County of Ada) On this Æ- day oft\ JllndOnJ ,2001, before the undersigned notary public in and for the said state, personally ap~ZAGUIRRE, 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. STATE OF IDAHO) : ss. County of Ada) Notary Pu ic Residing at: My Commission Expires: Page 5 of 6 KIPlanning DeptlEagle ApplicationslSUBSI2000lCounttyside Estates da final cc versiOItdoc.doc On this ~ day of ~, 2001, before the undersigned notary public in and for the said state, personally appeared Æ' ~....-- ~.....~ known or identified to me to be the owners of the property referenced erein. 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. - - .. - - - - ~6~ dl-~~. ~ Notary Public for Idaho Residing at: 6,. N1~ ~ My Commission Expires: tJ ð' - òl /' -ð.s DeVONA D. LUKE NOTARY PUBLIC STATE OF IDAHO - Page 6 of 6 K...IPlanning DeptlEagle AppliçatioĊ“;\SUBSI2000\Countrysíde Estates da Filla! cç version.do<.do<