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Development Agreement - 2007 - Hormaechea (AKA: Torrente Secco & Millstone Farms) - 12/7/2007Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 AOA COUNTY RECORDER .. AVID NAVAMO BOISE IDAHO 12h3107 01:49 PM R!CORDED-REOUEST` OF 1 III IIIIiIOiI1IIIIIIIIIIIIIII City of Eagle 167164794 AMOUNT .00 13 DEVELOPMENT AGREEMENT For Recording Purposes Do Not Write Above This Line 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"), by and through its Mayor, and HORMAECHEA LIMITED PARTNERSHIP, an Idaho limited partnership. ("Applicant'). WHEREAS, the Applicant is the owner of record of certain real estate located at 6477 W. Beacon Light Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-1 0-07; and WHEREAS, the proposed development (the "Development") includes properties within an area currently zoned RUT(Rural Urban Transition); and WHEREAS, the Applicant desires a MU -DA (Mixed Use with a development agreement) zoning classification, a R -4 -DA (Residential Four with a development agreement) zoning classification and a R -2 - DA (Residential Two with a development agreement) zoning classification to develop a mixed use and residential development 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 detellitined that the scope of any project upon the Property must be limited with the use of a development agreement 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 MU -DA (Mixed Use with a development agreement) zoning classification, a R -4 -DA (Residential Four with a development agreement) Page 1 of 9 K:\Planning DeptTagle App1ications\RZ&A\2OO7\AO8-1O RZ-1O-07 DA Final.DOC zoning classification and a R -2 -DA (Residential Two with a development agreement) zoning classification for the Property with the requirements set forth in this Development Agreement; and WI -AREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(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 1 LEGAL AUTHORITY This Agreement is made pursuant to and in accordance with §67-651 I A, Idaho Code and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the MU -DA (Mixed Use with a development agreement) zoning classification, a R -4 -DA (Residential Four with a development agreement) zoning classification and a R -2 -DA (Residential Two with a development agreement) zoning classification, 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 [II CONDITIONS OF DEVELOPMENT 1.1 All development of the Property shall be consistent with the Eagle Architecture and Site Design Book and the Eagle City Code 8-2A and be generally consistent with the Concept Plan attached hereto as "Exhibit B" ; provided, however, it is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to the City so long as the general intent of the Concept Plan and the requirements set forth in this Agreement are met. 1.2 Applicant will develop the Property subject to the conditions and limitations set forth in this Agreement. Applicant will also submit such applications regarding design reviews, preliminary and final plat reviews, conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code in effect at the time this Agreement is recorded, provided that Applicant may, at its sale discretion, request to use the current version of the Eagle City Code at the time of platting. Page 2 of 9 KAPlanning DeptTagle AppIications\RZ&A\2OO7\AO8-1O RZ1O-O7 DA FinaI.DOC 1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the time this Agreement is recorded, provided that Applicant may, at its sole discretion, request to use the current version of the Eagle City Code at the time of platting. 1.4 Development of the Property shall comprise two primary elements: residential development and mixed use development, as described below: 1.4.1 Residential Development 1.4.1.1 Up to 1,824 dwelling units may be developed on the Property which is an equivalent gross density of 4.9 residential dwelling units per acre. 1.4.1.2 Residential development on the Property shall include 132 acres of Residential Two (R-2), 140 acres of Residential Four (R-4), and 100 acres of Mixed Use (MU). 1.4.1.3 The Residential densities illustrated in the conceptual plan are maximums. The maximum density within the R-2 zone is two (2) units per acre and the maximum density within the R-4 zone is four (4) units per acre. 1.4.2 Mixed Use Development 1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property. The Property shall be developed in compliance with the Eagle City Code and Eagle's Comprehensive Plan as adopted at the time this Agreement is recorded, except as otherwise provided in Section 1.3 of this Agreement. 1.4.2.2 Commercial uses shall conform with the "Community Commercial" guidelines within the City of Eagle Comprehensive Plan dated February 13, 2007, except as otherwise provided in Section 1.3 of this Agreement. 1.4.2.3 For each acre zoned Mixed Use (MU) that is not developed as residential, 10 dwelling units shall be removed from the total maximum allowed number of dwelling units provided under Section 1.4.1.1 ( 1,824 units) for the Property. Page 3 of 9 KAPlanning Dept\Eagle App1icatioris\RZ&A\2OO7\AO8-1O RZlO-O7 DA Final.DOC 1.5 If the applicant chooses, a portion of the Property may be provided to the Meridian Joint School District or other public school authority for use as one or more public school or public charter school sites. The school site(s) shall be subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A. 1.5.1 Up to 50% of the site or the non -building portion of the site may be credited toward the open space requirement for the Development. 1.5.2 The school site(s) shall be located north of Floating Feather Road and access to the site(s) shall originate internally from the Property and not from any arterial road. 1.5.3 This Agreement is in lieu of a conditional use permit for development of the school site(s) that would normally be required within the "R2" zoning district. 1.6 Prior to issuance of any building permits, Applicants shall provide proof of adequate sewer service to the proposed residences and commercial uses, by causing a letter of approval to be provided to Eagle from the Eagle Sewer District. 1.7 Applicants shall provide a report or analysis of any proposed changes to wetlands located on the Property, and any such change shall be contingent upon approval by the applicable state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive Plan and the Eagle City Code. Applicants agree all development and improvement of the Property shall comply with all laws and regulations pertaining to regulated wetlands. 1.8 Applicants shall comply with all rules, regulations, and ordinances of Eagle except as otherwise provided herein, including but not limited to applications for development peiiiiits as required by Eagle City Code Title 10 (Flood Control). 1.9 Applicants shall comply with the landscape and buffering standards within ECC 8-2A. 1.10 The current conceptual plan for the property does not address the use of private roads. If the applicant wishes to include private roads this Development Agreement shall be amended at the time of preliminary plat. 1.11 Except as otherwise expressly provided in this Agreement, the Property can be developed in accordance with the Eagle City Code in effect on the date this Agreement is Page 4 of 9 K:\Planning Dept\Eagle Applications\RZ&A\2OO7\AO81O RZ-1O.07 DA FinaLDOC recorded, provided that if the permitted uses for the R (Residential District)and the MU (Mixed Use District) are expanded, such expanded uses shall be allowed under this Agreement. 1.12 The City is planning for potable water service for the Property and to provide such service agrees to follow the City of Eagle Municipally Owned Water System PWS #4010201 Amended Master Plan (Revised November 2005) as reasonably amended from time to time ("Facilities Plan"). Applicant has reviewed the Facilities Plan and agrees it is reasonable. The City agrees that the Development's connection to the City's municipal water system is in accordance with the Facilities Plan and payment of associated STL and related fees by the Applicant under the Facilities Plan shall serve as compliance with Eagle City Code section 6-5-23(C). Applicant and the City may establish an LID, latecomer fees or other equivalent methods for funding of such fees consistent with the Facilities Plan. Applicant agrees to keep the City informed as to Applicant's plat application(s) and related construction schedules for the Development. Only in the event the City fails or otherwise refuses to provide potable water service to the Property and after receiving a reasonable opportunity to cure such default consistent with this paragraph and this Development Agreement, Applicant may seek alternative potable water service from other capable providers. If Applicant obtains alternative potable water service from another capable provider after complying with this Agreement and giving the City a reasonable opportunity to provide water service as provided herein, Applicant shall be relieved of any limitations on the transfer of Applicant's water rights under Paragraph 1.14 below. 1.13 All feedlot and agricultural uses currently operating on the Property shall continue to be allowed uses, until the submittal of the first preliminary plat/Planned unit development application for the site, at which time the applicant shall submit a phasing plan for the removal of the feedlot operation to be approved by the City. 1.14 Because the Facilities Plan provides for all the potable water needs of the Development, without requiring the City to acquire any additional water rights, and because Applicant participated in the construction of the City's Brookwood well, Applicant shall not be required to transfer any water rights to the City, unless the City purchases the same. All existing ground water and surface water rights held by the Applicant shall remain in the ownership of the Applicant unless transferred pursuant to this paragraph. Applicant may apply to the Idaho Department of Water Resources to convert the beneficial use of such water rights as necessary for development of the irrigation and aesthetic needs of the Development. Applicant agrees that prior to any transfer of the water rights from the Property, Applicant will provide the City a right of first offer for any ground or surface water rights that the Applicant determines, in its sole discretion, are no longer needed on the Property for its intended development. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS 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 Page 5 of 9 K:\Planning Dept\Eag!e App1icaticns\RZ&A\2OO7\AO8lO RZlOO7 DA Final.DOC be provided and is incorporated herein by reference. ARTICLE V DEFAULT 5.1 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 Development Agreement or to teuiiinate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If either party is required to proceed in a court of law or equity to enforce any provision of this Development Agreement, such party 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. ARIiCLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, 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 nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Applicants (or other appropriate party) and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER 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 VIII GENERAL MATTERS 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 Page6of9 KAPlanning Dept\Eagle Applications\RZ&A\2OO7\AM81O RZ1O-O7 DA Final.DOC 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: Owner: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 HORMAECHEA LIMITED PARTNERSHIP 3101 W. River Street, Suite 300 Boise, ID 83702 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 Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 7.7 Termination. This agreement terminates upon completion of the Development. Page 7 of 9 K:\Planning DeptTagle App1ications\RZ&A\2OO7\AM81O RZ1OO7 DA FinaI.DOC IN WITNESS WHEREOF, the parties have executed this Development Agreement. id3 DATED this � day of _„,< ' A , i � ailtr.Q ..... % .• • 'km.... ��c '•; CITY OF EAGLE, a municipal corporation organized • s I.. . Q � anexisting under the laws of the State of Idaho I Z3 i a" . 01 . .\ 1 i) g I , 'I • $(0 ,,...y v f BY: ,�,i * ..••� ��'CORo� i� t4 ��� Nan y C. M , Mayo *solo* 0, e *". as' TA T e 00 ATTEST:%-........... SharoiK. Bergmann, City Clerk STATE OF IDAHO ) ss. County of Ada ) HORMAECHEA LIMITED PARTNERSHIP, an Idaho limited partnership BY/ Michael Hormaechea, General Partner On this � day of it '4) , 2007, 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. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above 00........,_ .." pa it sit ea.„ o.. . • + :� $O71I. Notary Public fIdaho �j to = Residingat: • ♦ • My Commission Expires: i N a/L .. w i • Nit° S st %%to ••••00% Page 8 of 9 K:\Planning DeptkEagle Applications\RZ&A\2007W-08-10 RZ1OO7 DA FinaiDOC STATE OF IDAHO ) ss. County of Ada ) On this � day of 9T -ern 6-e' , 2007, before the undersigned notary public in and for the said state, personally appeared personally appeared Michael Horrnaechea, known or identified to me to be one of the partners in the partnership of HORMAECHEA LIMITED PARTNERSHIP, and the partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. written. IN WITNESS WHEREOF, I have hereunto set my hand and sea he day a. ��; .� eve C' . Notary PO i f• r Idaho Residing .Ste , ��,� My Commiss on xpires:_i Page 9 of 9 K:\Planning Dept\Eagle App1ications\RZ&A\2OO7\A-O81O RZ4OO7 DA FinaLDOC EXHIBIT A * * * * * * 6397 W. BEACON LIGHT ROAD AND N. LANEWO0D LANE, EAGLE. IDAHO: The Southeast Quarter of the Northeast Quarter of Section 3, Township 4 North, Range 1 West, Boise Meridian, and the East 208 feet of Government Lot 1 (NE I/a NE'/a) of Section 3, same township and range; and That portion of the Southwest Quarter of the Northwest Quarter of Section 2, Township 4 North, Range 1 West, Boise Meridian, described as follows: BEGINNING at the Northwest corner of said subdivision; thence East 235 feet; thence South 291 feet; thence West 80 feet; thence South 377 feet; thence West 155 feet; thence North 668 feet, more or less, to the PLACE OF BEGINNING. Also including pump, motor and sprinkler system with approximately 1900 feet of 3" sprinkler pipe with one (1) head to each 40 feet. 6477 W. BEACON LIGtIT ROAD, EAGLE, JDAHO: Lots 1 and 2 and the Southwest Quarter of the Northeast Quarter of Section 3, Township 4 North, Range 1 West of the Boise Meridian, in Ada County, Idaho, EXCEPT that portion thereof described in Book 184 of Deeds at page 100, records of Ada County, Idaho, and ALSO EXCEPT that portion described in Book 208 of Deeds at page 500, records of Ada County, Idaho; TOGETHER WITH the scales, fixtures and. improvements now situated on the above described property. AND: A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENC1NG at a found brass cap monument at the section corner common to Sections 2 and 3, Township 4 North, Range 1 West, Boise Meridian, and Sections 34 and 35, Township 5 North, Range 1 West, Boise Meridian, and the center line of Beacon Light Road; thence South 00'04'58" East, 2695.04 feet along the section line common to said Sections 2 and 3 to a found aluminum cap monument at the 1/4 corner common to said Sections 2 and 3 and the TRUE P0INT OF BEGINNING; thence BARGAIN AND SALE DEED - P. 3 South 89°48' 13" West, 1297.29 feet along the center section line to a set 5/8 -.inch rebar and cap PIS 7b12; thence North 00'03'28" West, 20.97 feet; thence North 89°48' 13" East, 1297.28 feet along a line parallel with said center of section line, to a point on the section line common to said Sections 2 and 3; thence South 00'04'58" East, 20.97 feet, along said section line common to said Sections 2 and 3 to the TRUE P0INr OF BEGINNING, said parcel containing 0.62 acres, or 27,204 square feet, more or less. SUBJECT To all existing easements and road rights-of-way of record or appearing on the above described parcel of land. 2871 N. PALMER LANE, EAGLE, IDAHO: A parcel of land being a portion of the Northwest Quarter of Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: C0MMENCING at the corner common to Sections 33 and 34, Township 5 North, Range 1 West, and Sections 4 and 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 90'00'00" East, 1318.99 feet along the line common to said Sections 34 and 3 to an iron pin; thence South 0°10'24" East, 1060.45 feet to an iron pin marking the Southwest corner of a parcel of land described under Record of Survey No. 2352, records of Ada County Recorder, Boise, Idaho, said point being the REAL PomT OF BEGINNING; thence North 010'24" West, 15.68 feet; thence North 89°54'41" East, 1293.83 feet to the west right-of-way of Palmer Lane; thence South 0°09'45" East 10.33 feet along said right-of-way to an iron pin; thence South 89°40'28" West, 1293.83 feet to the Real Point of Beginning, said parcel containing 0.386 acres. N. PALMER LANE, EAGLE, IDAHO: The South 10 acres of Lot 3 and the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. ExcEvr ditch and road rights-of-way. BARou AND SALE DEED - P. 4 6868 W. FLOATING FEATHER ROAD, EAGLE, IDAHO: PARCJL A: COMMENCING at the quarter section corner common to Sections 2 and 3, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and running thence South 20 chains; thence West 8.20 chains; thence South 12.20 chains; thence West 24.85 chains; thence North 15/30' West 6.25 chains; thence North 15/30" East 5.50 chains; thence North 28/45' East 8.65 chains; thence North 2/30' East 13.33 chains; thence North 89/53' East 29.35 chains to the PLACE OF BEGINMNG, being a part of the Southeast Quarter, Section 3, Township 4 North, Range 1 West, Boise Meridian. PARcEL B: ALSO COMMENCING at a point in the center of Section 3, Township 4 North, Range 1 West of the Boise Meridian; thence South 32.20 chains to a point; thence East 5.75 chains to a point; thence North 15/30' West 6.25 chains to a point; thence North 15/30' East 5.50 chains to a point; thence North 28/45' East 8.65 chains to a point; thence North 2/30' East 13.33 chains to a point; thence West 10.76 chains to the PLACE OF BEGINNING, being a part of the West Half of the Southeast Quarter of Section 3, Township 4 North, Range 1 West, Boise Meridian. EXCEPTING THEREFROM: COMMENCING at the center of Section 3, Township 4 North, Range 1 West; thence South along section line 1,916.5 feet, more or less, to the REAL POINT OF BEGINNING; thence East 208.7 feet to a point; thence South 208.7 feet to a point; thence West 208.7 feet to a point; thence North 208.7 feet to a point, said point being the REAL P0INT of BEGINNING. TOGETHER Wi 1 x all water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected therewith. BARGAIN AND SALE DEED - P. 5 I'-1, NVld ]SA (]N\/]lVA.Ldl--)NO-) VAHDAVINUOH � (ra) . = | | | | / 1 | | i | ' | | / | | | | | | | i | | | | | � ^ / [ l, .. �