Development Agreement - 2003 - Flynn 2003 (Hidden Island) - 7/24/2003
ORIG\NAL
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/24/03 02:35 PM
DEPUTY Jamie Parsons
RECORDED-REQUEST OF
Eagle City
AMOUNT .00
6
Recording Requested By and
When Recorded Return to:
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103122572
For Recording Purposes Do
Not Write Above This Line
ANNEXA TION AND DEVELOPMENT AGREEMENT
This Annexation and Development Agreement (hereinafter "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 LaITY Flynn,
("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate generally located
approximately Y2 mile east of Eagle Road at 736 East Riverchase Way, Eagle, Idaho,
("Property"), and as specifically defined in the attached legal description (Exhibit A) which is the
subject of an application for an Annexation and Rezone identified as Rezone Application No. A-
2-02 & RZ-2-02; and
WHEREAS, the proposed development includes properties within an area currently
zoned RUT (Rural Urban Transition); and
WHEREAS, the Applicant desires a R-2-ADA (Residential - two or fewer dwelling units
per acre with Annexation and Development Agreement) zoning classification for development of
the site with uses outlined herein on the above described Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that allowing a R-2-ADA zoning designation for the Property must be limited with an
annexation and development agreement to prevent undue damage to, and to otherwise be in
harmony with the Comprehensive Plan and the existing community; and
WHEREAS, the intent of this 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-ADA (Residential
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- two or fewer dwelling units per acre with Annexation and Development Agreement) zoning
designation for the Property with the requirements set forth in this Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
submit the Property to an Annexation and Development Agreement pursuant to Eagle City Code
Section 8-1O-1(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-ADA (Residential - two or fewer dwelling units
per acre with Annexation and Development Agreement) zoning designation, after recordation
of, and subject to the provisions of this Agreement. The ordinance will become effecti ve
after its passage, approval, and publication and the execution and recordation of this
Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The applicant shall remove all residential structures (including mobile homes),
outbuildings, and all man-made debris from the Property within 180-days from the
execution of this Agreement. The Property shall not be annexed by the City by a properly
adopted annexation ordinance until this condition is met by the applicant.
2.2 The applicant shall comply with all conditions of approval of the preliminary plat
application known as Hidden Island Subdivision (PP-3-02) and any subsequent approval
of a final plat for the site.
2.3 The applicant shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by Eagle as a part of the
Design Review.
2.4 Except as provided for herein the development shall comply with the Eagle
Comprehensive Plan and City Code, as it exists in final form at the time an application is
made and the conditions within this agreement shall be satisfied.
2.5 Applicant will comply with all rules, regulations and ordinances of Eagle per the terms of
this Agreement including, but not limited to, applications for development permits as
required by Title 10, Flood Control, of the Eagle City Code.
2.6 The property shall be annexed into the Eagle Sewer District's service boundaries prior to the
City accepting a final plat application for the proposed subdivision on the site.
2.7 The applicant shall submit the amount of one-hundred ten dollars ($110.00) for each
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buildable lot within the development, payable to the Ada County Highway District, for
contribution toward the construction of a traffic signal to be located at the intersection of
Island Woods Drive and Eagle Road (SH 55). The applicant shall submit to the City a receipt
of these funds from the Ada County Highway District prior to the City accepting a final plat
application for this site.
ARTICLE III
AFFIDA VIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this 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
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 Agreement or to tenninate
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 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 Agreement, including
attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any tenn, 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 tenninate and the zoning of the property shall revert to
the A-R (Agricultural Residential) zoning designation unless the portion of this instrument
detennined 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 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.
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ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the 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
Agreement shall be binding on the Applicant and owners, and their respecti ve 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 vn
GENERAL MA TIERS
7.1 Amendments. Any alteration or change to this 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.
7.2 Paragraph Headings. This 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 Agreement. As used in this 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 Agreement shall be construed in accordance with the laws of the State
of Idaho in effect at the time of the execution of this Agreement. Any action brought in
connection with this 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 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;
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Eagle:
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
Larry Fl yn n
736 East Riverchase Way
Eagle, Idaho 83616
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.
7.6 Effective Date. This Agreement shall be effective after delivery to each of the parties hereto
of a fully executed original of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Annexation and Development
Agreement.
DATED this tl4 day of Jú/'1-, 2003.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
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DATED this ð- day of.J(. }\. J
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,2003.
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STATE OF IDAHO)
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County of Ada)
On this J!:L day of ~, 2003, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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STATE OF IDAH~... 0, 11)~....,.
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Jjh ~ (JAMJ)
Notary Public for Idaho
Residing at: :IéJcJt 0
My Commission Expires: ~
'°7
County of Ada)
On this J!:L day of .f¿J'i ' 2003, before the undersigned notary public in and for
the said state, personally appeared ARRY FLYNN, known or IdentIfIed to me to be the owner
of the property referenced herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
JJkJ (}álMlJ
Notary Public for Idaho
Residing at: :h..1ð.J¡ 0
My Commission Expires:
~ -.J 7 -07
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