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Development Agreement - 2005 - Eagle Island Crossing - 1/7/2005 {j Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/20/05 01 :50 PM DEPUTY Neava Haney RECORDED - REQUEST OF Eagle City AMOUNT .00 9 1111111111111111111111111111111111111 105007541 City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into this + day of - \.t1y\¡ln £1J ,2005, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eag~through its Mayor, and Park Hampton LLc. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 3950, 3450 & 3300 West State Street, 3415, 3855, and 3850 West Flint Drive, and 312 North Park Lane, Eagle, Idaho, {"Property"), as specifically defined in the attached legal description (Exhibit C) which is the subject of an application for Rezone identified as Rezone Application No. RZ-8-03; and WHEREAS, the proposed development includes properties within an area currently zoned A-R (Agricultural-Residential- one dwelling unit per five acres maximum); and WHEREAS, the Owner desires a MU (Mixed Use) zoning classification to develop a mix of uses 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 proposed residential and commercial use 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 Owner'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 Owner 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 (Mixed Use) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner 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 Owner 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: Page 1 of 7 CPA-3-03 & RZ-O8-03 da cc fmal version.doc 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 MU (Mixed Use) 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 II CONDITIONS OF DEVELOPMENT 2.1 The Concept Plan (Conceptual Site Plan for Park Side - Exhibit "A" dated September 7, 2004, - attached hereto and incorporated herein) represents the Owner's current concept for completion of the residential portion of the project, and is subject to the conditions of item 2.13 below. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur (while maintaining substantial conformance to the layout). If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. 2.2 The development shall include a cross access agreement between all lots included within this rezone application and an on-site frontage road generally as shown on the concept plan (Exhibit "B") constructed to serve the parcels adjacent to State Highway 44. 2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for any commercial uses located adjacent to any property with a residential zoning designation. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time development applications are made (i.e. design review, conditional use permit if required, and preliminary plat) and the conditions within this agreement shall be satisfied. 2.5 The applicant shall construct the State Highway 44 access as proposed pursuant to current roadway engineering standards. The access is to be in alignment with the proposed Eagle Island State Park access on the south side of State Highway 44. 2.6 Access points to Park Lane and West Flint Drive shall be as approved by the Ada County Highway District. 2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu of the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the uses which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered Page 2 of 7 CPA.3-03 & RZ-O8-03 da cc version.doc Permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited: Mobile home (single unit primary residence) Mobile home (single unit temporary living quarters) Mobile home park Animal shows or sales Automotive washing facility Bar Cabinet shop Cemetery Circuses and carnivals Christmas tree sales Commercial entertainment facilities (indoors) - Note: see item 2.8 below Commercial entertainment facilities (outdoors) - Note: see item 2.8 below Drive-in theater Electronic sales, service, or repair shop Equipment rental and sales yard Farmer's markets (outdoor) Hardware store Horticulture (general) Hospital Hotel Industry Kennel Laboratories Laundromat Laundry (with drive up service) Live entertainment events - Note: see item 2.8 below Massage Spa Mobile office Mortuary Motel Parking lot, parking garage commercial Personal wireless facilities (height-over 35 feet) Research Activities Retail sales (general) Riding academies/stables Roadside stand (temporary structure) Sign shop, including painting Small engine repair (mower, chainsaws, etc) Storage (enclosed building) Storage (fenced area) Street fair Trade fair Travel services Upholstery shop Woodworking shop Page 3 of 7 CPA-3.03 & RZ-O8.03 da co version.doc 2.8 The following uses may be allowed as Permitted uses on Lots 5 and 8, Block 2, provided however, that each use will only be allowed for events solely related to the music/cultural arts school located on Lot 6, Block 2: Commercial entertainment facilities (indoors) Commercial entertainment facilities (outdoors) Live entertainment events 2.9 The owner shall submit a Master Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 2.10 Excluding the residential subdivision located on Lots 1 and 2, Block 1, all buildings require the approval of the Design Review Board. The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A. 2.11 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior to the issuance of any building permits for the site. 2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6, Block 2, dated August 25,2004 - attached hereto and incorporated herein) represents the Owner's current concept for completion of a music/cultural arts school with cottages and related ancillary uses. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. 2.13 Lots 1 and 2, Block 1, and Lot 2, Block 2, shall be permitted for development of a residential subdivision not to exceed 3-d welling units per acre. Exhibit "A" shows the current concept plan for the residential subdivision which includes a mix of single-family homes, two unit town homes and three unit town homes. The residential subdivision shall be submitted as a Planned Unit Development (PUD). ARTICLE ill AFFIDAVIT 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. Page 4 of 7 CPA-3-03 & RZ-O8.03 da cc version.doc ARTICLE IV DEFAULT 4.1 In the event Applicant or any successor 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 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. However, if a default occurs after the Property is divided, any termination shall only affect the lot or parcel in default and shall not affect other portions of the Property. 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 nevertheless remain in full force and effect except that any portion determined to be invalid or unenforceable shall be re-negotiated in good faith between the Applicant (or other appropriate party) and the City. ARTICLE 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 contained herein shall be a burden on the Prope11y and shall be appurtenant to and for the benefit of the Property and shall run with the land. This Development Agreement shall be binding on Eagle and 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 Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or lots within the Property. 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 only to such owner's lot or parcel. Page 5 of 7 CPA-3-03 &RZ.O8.03 dace versiolLdoc ARTICLE VII GENERAL MA TTERS 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 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: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Park Hampton LLC 52 North 2nd Street 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. 7.5 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 6 of 7 CPA-3-03 & RZ.O8.03 da cc version.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this - day of ,."..,.~i "~"l2 " ,,_. 0\.1;0 ,.. ", it' ,.. "-'..... '.. ,~". ~E .... r. \ CITY OF EAGLE, a municipal corporation organized : ~ F O~t- <"".'. .~ ~nd existing under the laws of the State of Idaho :",,~Q, """,".: / ."" ~ . "'. . 1.....-/," i ~ <;>, I /' i By: ...'\ ..., t. . " ..., ~. .. Nancy " .. INC' .. '.. ......." . '.. .. . '« S...... ¡--- ,'" '-- ~ ", -" II.U'" ATTEST: Sharon K. Bergmann, City Clerk ~ DATED tl1is '1.i!l day of j-a t\u£l ~ 200)(. : ss. STATE OF IDAHO County of Ada) . S On this L day of Jtli1Ua.~, 200X before the undersigned notary public in and for the said state, personally appeared NANCY C. RRILL, 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 exaa.wm.tbp same. ~,..... 81'1#- ..-" ~ORN '-" IN Wr¡.~~_~~:~ave hereunto s . ~ I:l,¡°'; d-{ .. ~ WrItten. :: >.. i"~ ~ 0 ~ :U{ " , ~ ,:C: :< 0,- d :<: -oJ Z ~... : .... . ....~. 0 .. -:. 'c"" .. "V.. ..... :: .., - ~ .',;,,: ,.. . ",'" ~. " ..... -.......'. '-' ,::' '. .... -<'~) -., '.,' '1 ^-,. ~o ""1 .! ~,'-~" STATE OF IDAHO 31"o/UU""'. : ss. Notary Publi f Residing at: My Commission Expires: v County of Ada) On this ~y of ~ J.~before the undersigned notary pnblic in and for the said state, personally appeared J JC:>c>, known or identified to me to be the owners of the property referenced herein. and the persons who executed the foregoing instrument. "", """""'" ", ~i R. Co "" .." .¿:..\- ....... ~L>" .." f<I.. ... ~ " .. q, .. . (j> -:. f l~OTAl?y'" ~ : : \ :: : * : -.- : * : ::. C:: ~ ... PUB\...\ I ¡ '".:., <p.;..'... .... a $ "" "",. ........ ~~ ...." "" li OF \~ ",.." """" .....", he day "td :¡;;J above IN WITNESS WHEREOF, I nave hereunto se written. ' Notary Public iì r Idaho Residing at: My Commission Expires: RESIDING IN: MERIDIAN, 10 COMMISSION EXPIRES ()5.()4..2008 Page 7 of 7 CP A-3-03 & RZ-O8-OJ da cc version. doc EXHIBIT A ! . I ; . fr REC:: VED & F=ILED - CITY OF EAGLE .- . . . ~ . ~ I <I ,:.:1 "" ~ ~ CONCEPTUAL SITE PLAN FOR PARK SIDE r::I AUG 25 2004 File: Route to: , . ,. .. .. . . ~ .. ~ .!AT!: --.- 'State Hwy 44 =~ - -- ".... "". IIIIII~II~II " S 11 ~ Ilf iii , 1111 ~ 1111 ~ ii! "1J 0 0 :D 0 0 "U -< ~ ø.. ~ ~ ~!~ t ~ ~ c.> Z 0 u Flint. Road ---- ~ >- S Cl. Q) 0 ~ 0 ct1 CC 0 Co> 0 ~ Q. Co> .~ en = ;j ::s ii ,..,...-4 i 1""""'4 Q) "'d ~ Q) ~ .~ 0::: ncvc' v CLI Q( rll..[;;1.1 CITY OF EAGLE G 2¡ r Jazz school . . , . . . . . . . . . . . . . . ........-. . . . . .-.r. . . . . . . . . . . . .~-. . . . . . . . . . . . . . . . . . . . . . - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...........................................................................,...... State Highway 44