Development Agreement - 2005 - Eagle Heights Baptist Church - 10/3/2005
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 10/06/05 - "50 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City 01 Eag Ie
AMOUNT .00
8
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 08/17/06 01:38 PM
DEPUTY Neava Haney 1111111111111111111111111111111111111
RECORDED-REQUEST OF 106133473
Eagle City
f...sL-~~
15
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 thi~~ay of{1l.o txz_< 2005,
by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and Eagle Heights Baptist Church. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 291
North 1st Street, 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-I-05; and
WHEREAS, the proposed development includes properties within an area currently
zoned Residential-Four; and
WHEREAS, the Applicant desires a Central Business District with a development
agreement(CBD-DA) zoning classification to develop a multi-story, multi unit residential
condominium (project as identified on the attached site plan) use 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 any mixed use project 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
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
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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 Central Business
District with a Development Agreement (CBD-DA) zoning designation for the Property with the
requirements set forth in this Development Agreement; and
WHEREAS, 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-
I(C)(I); 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 Central Business District (CBD) 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 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. The applicant shall submit a master
building design plan showing signage, common area, street trees, existing trees, pathways,
buffer areas, perimeter fencing, etc. and general design criteria including composition, color,
materials, and architectural themes in compliance with the Eagle Architecture and Site
Design Book (EASD). The master plan shall be reviewed and approved by the Design
Review Board prior to the issuance of any building permits for the site.
2.3 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B"- date stamped by the City
on June 3, 2005) represents an example of the Applicant's current concept for the site and
understands and agrees that non-substantial changes in that concept will likely occur. To
eliminate adverse effects on adjacent properties, the applicant shall install traffic calming
devices within the parking lot to reduce the enticement for drivers to use the site as a cut-
through access between First Street and Mission Drive. Eagle hereby acknowledges that the
attached Building Elevation Plans (Exhibit "C" - date stamped by the City on January 5,
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2005) represents an example of the Applicant's current concept for the structures and
understands and agrees that non-substantial 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.
2.4 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.
2.5 The site shall be limited to a maximum Fourteen (14) dwelling units.
2.6 Use on the site shall be limited to those list here in. All uses listed shall be principally
permitted and all use not listed will be prohibited on the site:
Home Occupations
Planned Unit Development
Artist Studio
Arts and Crafts shows
Beauty/barber Shop
Family & Group Childcare
Convenience Store wi 0 fuel service (hours limited to 7am to lOpm)
Electronics sale, shop & repair
Food and Beverage Sales, Excluding liquor sales(hours limited to 7am to lOpm)
Health club, spa, weight reduction salons
Home and business services
Laboratories
Laundry Service with no drive up
Massage Spa
Office Business and professional
Personal Improvement
Personal Service
Photographic Studio
Professional Activities
Restaurant (no drive thru) (hours limited to 7am to lOpm)
Retail Sales Limited
Retail Sales (pharmacy and medical)
Travel services
Upholstery service
Vet Clinic (excludes overnight boarding)
Government Buildings
Library
Museum
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2.7 The development shall be responsi ble for posting signage along the south side of Mission
Street stating "2-Hour Parking". Said signage shall be constructed and installed in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD), current edition.
Enforcement of said parking limits shall be by the City of Eagle and/or city designated agent
having jurisdiction or authority to monitor said limits.
2.8 The Applicant shall submit a condominium plat for review and approval by the City prior to
the issuance of a building permit.
2.9 The development shall remain under the control of one Owners Association. An outside
maintenance contractor shall be hired by the Owner's Association to care for the common
areas within the development. The association shall have the duty to ensure that all the
common landscape and parking areas are maintained and operated in a competent and
attractive manner (including the watering, mowing, fertilizing and caring for shrubs and
trees). The applicant shall provide a copy of the CC&Rs for review by the City Attorney
which define the guidelines for the contracting of an outside maintenance firm, prior to the
issuance of any building permits.
2.10 The CC&Rs for the Owner's Association shall provide that the storage of any vehicles,
whether they are automobiles, recreational vehicles and equipment, watercraft and the like
shall only be stored off-site, and are prohibited from being parked or stored in the parking
area. The applicant shall provide a copy of the CC&Rs for review and approval which
includes a statement addressing the aforementioned restrictions, prior to the issuance of a
building permit.
2.11 A detailed landscape plan showing locations of existing trees (both to remain and to be
removed) shall be submitted to the City for review. The applicant is required to show on the
plan how the trees (if any) will be integrated into the common areas (unless approved for
removal by the City Forester and the Design Review Board) and shall provide the plan for
Design Review Board approval prior to the issuance of a building permit.
2.12 Upon the submittal of either a design review application for the site, or a demolition permit
for the removal of the existing structures from the site, the City will commence with an
ordinance to rezone the property to the CBD zoning district.
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.
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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 Development Agreement
or to terminate 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
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 terminate and the zoning of the property
shall revert to the Residential-Four zoning designation unless the portion of this instrument
determined 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 Development 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.
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 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
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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 VII
GENERAL MA TIERS
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 Reoresentation. 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:
Eagle Heights Baotist Church ("EHBC")
291 North 1st Street
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
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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 after delivery to each of the
parties hereto of a fully executed original of this Development Agreement.
7.7 Termination. This agreement terminates upon completion of Conditions of Development or
after 7-years after the Effective Date, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED thi~~day od()kkr 2005.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
L
By:
ATTEST:
~ll/,~ 1< 0~~
Sharon K. Bergmann, City Cl rk
B;fltt~~L
Mike Maudlin, Pastor (Applicant)
Eagle Heights Baptist Church
STATE OF IDAHO )
: ss.
County of Ada)
On this~~dday 00 ~, 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.
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IN WII~~iW~'EQF, I have hereunto set my hand and seal the day and year first
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STATE OF IDAHO )
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Notary PUbli~ahQ J,
Residing at: _~"tCU a...-t." I ~
My Commission Expires: z./..:. ? J.p -0 ~
County of Ada)
On this .2Il:day of ~pfr N& ( 2005, before the undersigned notary public in and for
the said state, personally appeared 11 ic..h tR I tv\t1lLL!,'~nown or identified to me to be the
owners of the property referenced herein. and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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EXHIBIT A
ACHD PROJECT NO. 52056.0
EAGLE ROAD (State Street to Floating Feather Road )
RIGHT-OF-WAY PARCEL # 33
OWNERS: The New Heights Baptist Church, Inc.
Lot 6, Block 1, Mission Subdivision
Lel!:al DescriDtion for Additional Public Rililit-of- Way
A parcel ofland for Public Right-of-Way located in the Northwest Quarter of the
Southwest Quarter of Section 9, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, and being a portion of Lot 6, Block 1, Mission Subdivision, according to the official plat
thereof, filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho, said
parcel being more particularly described as follows:
Cormnencing at the northwest corner of Lot 6, Block 1 of said Mission Subdivision,
thence North 90000'00" East (formerly East), 20.50 feet along the north boundary of said Lot 6
to a point, said point being the REAL POINT OF BEGINNING;
Thence continuing North 90000'00" East (formerly East), 12.00 feet along the north boW1dary of
said Lot 6 to a point;
Thence South 0000'00" East, 3.00 feet to a poi.rlt;
Thence South 90000'00" West, 12.00 feet to a point;
Thence North 0000'00" West, 3.00 feet to a point, said point being the Real Point of Beginning.
Said Parcel contains 0.0008 Acres or 36 Square Feet, more or less.
Subject to easements of record or in use.
Basis of Bearing: North 0000'00" East (formerly NORTH) along the Section Line
conunon to Sections 8 and 9, Township 4 North, Range 1 East, Boise Meridian, Ada County,
Idaho, as shown on the official Plat of Mission Subdivision, according to the official plat thereof,
filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho.
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EXHIBIT C 1
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AN 0 5 2005
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