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Development Agreement - 2005 - Yesterday Properties (Eagle Family Worship) 2005 - 9/1/2005 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/01/05 02:02 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City of Eagle AMOUNT .00 8 1111111111111111111111111111111111111 105126605 Recording Requested By and When Recorded Return to: 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 on the date indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Yesterday Properties, LLC ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 223 North Eagle 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-7-03; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential District - up to four dwelling units per acre maximum); and WHEREAS, the Owner desires a CBD (Central Business District) zoning classification to develop uses pursuant to Eagle City Code 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 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 CBD (Central Business District) 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)( I); 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 6 CPA-I-03& RZ-7-03dacc 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 CBD (Central Business District) 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 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an example of the Applicant's current concept for the site and understands and agrees that changes in that concept will likely occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.2 The development shall comply with the Eagle City Code, as it exists in its final form at the time an application is made this development agreement is recorded and the conditions within this agreement shall be satisfied. 2.3 The owner 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 prior to issuance of a certificate of occupancy. 2.4 Any proposed change to the fa~ade of the building shall be designed to maintain or enhance the existing elements of the site to ensure a historical continuity is preserved. 2.5 The applicant shall provide a copy of a recorded cross access agreement to the property to the south prior to the issuance of any building permits. Upon redevelopment of the property to the south, the developer of said property will be required to provide a reciprocal access agreement to the subject property. 2.6 The mobile office attached to the western side of the church building shall be removed prior to the City adopting a rezone ordinance for this property. ARTICLE III 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. Page 2 of 6 CPA-I-03 & RZ-7-03 da cc 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 Property 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 3 of 6 CPA-I-03& RZ-7-03dacc ARTICLE VII 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 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: City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Yesterday Properties, LLC Attn: Shawn L. Nickel 52 N. 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. 7.6 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 Conditions of Development or after 7- years after the Effective Date, whichever occurs first. Page 4 of 6 CPA-l-03& RZ-7-03dacc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this I~day Of~, 2005. CITY OF EAGLE, a municipal corporation organized and existing under the laws of th State of Idaho ( ATTEST: )J ~ ~ \--ta K ~4~/1. A.. .J Sharbn K. Bergman~~yr~~r~' - ~ ,~. - DATED this ~ day of Se.J-- ,2005. STATE OF IDAHO : ss. County of Ada ) On this J ~ day of '3-.0 f.J-.. , 2005, 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 W~~.J have hereunto set .my hand an~e day and year first above written. ~""\\'e.R[ lJO~"'" 34' I . "." c:, ......... 'r l' " ~.-ttJv1 ,.. e. 0 .. I I t<OT", \'1- \ Notary PublicforIdah? I ' ~j 11 t ' : It : _ <? J. ~ : Residing at: (\ ~ I 0-\ ell- ~il1=Jl t U i :,b '- : S My Commission Expires: Lf- -aCC ~ 11", \. v 8 11 C : * : ~.,r. . .-: STATE OF IDAHO~.~"1' J.>.. .....0 ,,': "41' <.." .... \ " ~I,; si) F I D f'. \ ,." *" \",'\ County of Ada ) -........., On this 1ft day of S'f:ftm iut', 2005, before the undersigned notary public in and for the said state, personally appeared SHA N L. NICKEL, MANAGING MEMBER, YESTERDAY PROPERTIES, LLC, known or identified to me to be the owner of the property referenced herein. and the persons who executed the foregoing instrument. Page 5 of6 CPA+I-03 & RZ-7-OJ dace IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. _.} ) ( b, (u7A- "-} !\N.t<.Y( Notary PUbli~lIdaho Residing at: I f <: , / () My Commission Expires: 9.f/;(/'7c,-l<1 Page 6 of 6 CPA-l-03 & RZ-7-03 da cc EXHIBIT A ARRH.w Land Surveying, Inc. GPS. BOUNDARY, TOPOGRAPHIC AND AL.T.A SURVEYS CONSTRUCTION STAKING 3D SCANNING 1121 E. State Street . Suite '85 . Eagle, Idaho 83616 . office: 1-288-939-7373 . fax: 1-288-939-7321 Job No. 03869 lB.F 9-8-03 LEGAL DESCR1PT10N FOR EAGLE FAM1L Y WORSHIP pROPeRTY REZ-ON€ Part of the Northeast 1/4 of the Southeast 1/4 of Section S. Township 4 North, Range I East orthe Boise Meridian, City of Eagle. Ada County, Idaho described as follows Commencing at a found Brass Cap at the East Quarter comer of Section 8. Township 4 North, Range 1 East of the Boise Meridian, City of Eagle, Ada County, Idaho and running thence South 754.00 feet along the East line of said Section to the Poinl of Beginning; thence South 125.00 feet along said East line; thence West 170.00 feet; thence North 125.00 feet; thence East 170.00 feet to the point of beginning. Parcel contains 0.49 acres or 21,250 Sq. Ft. EXHIBIT B D... ~C_M_<<' ~ -.!M~ : ~ ~ < - ~ JJ.'~S JC .. ....... . ORVal :!nD"" ltuJPlJ1l& "'me> 11""'--00 . NV"Id :a:.LIS oLd:Jl[ONOO - - -1- - -. -- - - -.- ----- - --. - - ----- - -- --- -- -- - - - i- - --- (fVOH :nOV3 H.L(fON , t':": ,.;;;;"-=,,.... .~~.':~ ..... [:\~:\\/Y: :.:.:.::.: . ~~: .... .~.. . .... .............. ....- ~:-. :-:-:-:-:-:.: [:=:..::::::>::: " .......... ;, H/X\H\ [>~>>< .......... ", . ..:-:.:-:-~. i' .. .. ~:::::::::: ~. .. .. . ....... . (::=::/ ............ . (::::::::: (u>~ ........ . 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