Mou/Moa - 2002 - No-Build Agmt Lot 20 Block 1 Once Upon A Subdivision - 12/11/2002
ADA COUNTY RECORDEfLI. DAVID NAVARRO
BOISE IDAHO 12118/02 ,6 AM
DEPUTY Joanne Hooper'
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NON-BUILDING AMOUNT .00 1 Ø215208Ø
AGREEMENT made the L day of j)~L. , 2002, by and between
the CITY OF EAGLE, hereinafter referred to as "EAGLE" and NORTHWEST
DEVELOPMENT COMPANY, LLC, and/or assigns hereinafter referred to as
"DEVELOPER".
3
The parties to this agreement, in consideration of the mutual covenants and
stipulations set out herein, agree as follows:
SECTION ONE
DEVELOPER, as applicant for a subdivision known as Once Upon A Subdivision
agrees not to build a dwelling unit on Lot 20, Block 1, of said subdivision until such time
as the adjoining parcel to the west is subdivided and/or developed in a manner as defined
by the Eagle City Code. Said parcel is defined by the Ada County recorder as parcel
number S0508427925.
SECTION TWO
EAGLE, in exchange for DEVELOPER'S agreement not to build within the
above named subdivision until above-mentioned conditions have been met, will not
refuse to sign the final plat of the above-mentioned subdivision on the basis that the
requirements of the City of Eagle flood plain issues have not been met.
SECTION THREE
DEVELOPER and EAGLE agree that no building permits will be applied for or
issued on Lot 20, Block 1, in the subdivision until such time as the above-mentioned
conditions have been met. This agreement will not affect the rights of the parties to issue
or be issued a building permit on the other building lots within the subdivision.
SECTION FOUR
ONCE UPON A SUBDIVISION HOMEOWNER'S ASSOCIATION agrees to
maintain Lot 20, Block 1, with sod and pressure irrigation, for their temporary use, and
install a sign in a conspicuous location on said lot that reads, "This lot may be built upon
in the future." This instrument contains the entire agreement between the parties, and no
statement, promises, or inducements made by either party or agent of either party that is
not contained in this written contract shall be valid or binding; and this contract may not
be enlarged, modified, or altered except in writing signed by the parties and endorsed
hereon.
SECTI ON FIVE
After its execution, the Agreement shall be recorded in the office of the County
Recorder at the expense of the DEVELOPER. 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 residentùù property near the Property and
shall run with the Jand. This Agreement shall be binding on the DEVELOPER 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 nom any and all
obligations in connection with the property sold arising under this Agreement. The new
owner ofthe 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.
SECTION SIX
This Agreement shall be effective after delivery to each of the parties hereto of a
fully executed original of this Development Agreement.
IN WITNESS WHEREOF, the parties have executed this Non-Build Agreement.
DATED this /LIi1. day of Qp L.
,2002.
CITY OF EAGLE, a municipal corporation
organized and existing under the Jaws of the
State ofIdaho
By:
DATED this /.Lit day of -OJ' c~~~"..2002.
Rick e, ayor
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ATTEST:
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Sharon K. Moore, City Cler
By:
STATE OF IDAHO)
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County of Ada)
On this -11- day of kPWlhP.V. 2002, before the undersigned notary public in
and for the said state, personally appeared RICK YZAGUIRRE, 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)
On this ~ day of -'pJ.. ta..~ , 2002, before the undersigned notary public in
and for the said state, personally appeared CRAIG VAN ENGELEN, known or identified
to me to be an owner of the property referenced herein and the persons who executed the
foregoing instrument.
IN WIrnESS WHEREOF, I have hereunto set my hand and seal the day and year
fIrst above written.
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Notary Public for Idaho
Residing at: ~{~ ,
My Commission Expires: II. 11 t.. 0 .,