Development Agreement - 2007 - Castlebury West Bus Park - 7/12/2007
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 07/12107 10:50 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Eagle City
AMOUNT
.00
10
1111111111111111111111111111111111111
107098685
City of Eagle
660 E. Civic Lane
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 as indicated herein, by and
between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and through its
Mayor, and Capital Development, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 66] 5 North
Meridian Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description
(Exhibit A and as generally shown on Exhibit B) which is the subject of an application for Rezone
identified as Rezone Application No. RZ-25-06; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural Urban Transition, County Designation); and
WHEREAS, the Applicant desires a MU-DA (Mixed Use with a development agreement) zoning
classification to develop a ten (l0) lot professional office subdivision 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 allowing an MU (Mixed Use) zoning designation for the Property must be limited with a development
agreement to prevent undue damage to, and to otherwise be in harmony with the Comprehensive Plan, the
existing uses on the site and the 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 designation for the Property with the requirements set forth in this
Development Agreement; and
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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 8-10-1 (C)(l); 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 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the
subject of the application to an MU-DA (Mixed Use with a development agreement) 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 "Professional Office" uses of the property as allowed within the City Code Section 8-2-3
"Schedule of District Use Regulations" under the MU zoning designation:
a) Banksltinancial institutions (no drive up service)
b) Beauty/Barber Shop
c) Catering Service (no restaurants)
d) Day Spa (like Two Rivers Day Spa)
e) Office, business and professional
f) Office, medical and professional
g) Artist Studios
h) Clinic
i) Communication facilities
j) Daycare Center
k) Health Clubs, Spas, Weight Reduction Salons
I) Personal Improvement
m) Home and Business services
n) Laboratories
0) Pharmacies and Medical Sales (no drive thru service)
p) Photographic Studio
q) Printing/BJueprinting
r) Professional activities
s) Travel Services
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t) Research and Development
u) Research Activities
v) Christmas Tree Sales (only until building on the property has begun)
w) No Drive up or Drive thru services are allowed.
2.2 The development shall comply with applicable sections in the Eagle City Code, as it exists in final
form at the time application is made, including compliance with all of the conditions as provided
within this development agreement.
2.3 The conditions, covenants and restrictions for the Property shall contain at least the following:
a) Provide that the association(s) shall have the duty to maintain and operate all of the common
landscape areas in the subdivision in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in
perpetuity .
b) The applicant shall install a ten foot (10') wide by six foot (6') high landscaped buffer along any
boundary of the site adjacent to a residential development prior to the issuance of a certificate of
occupancy for any building within the subdivision. The landscaping shall be installed in
accordance with ECC Section 8-2A-7 (J)(2)(a) and shall be reviewed and approved by the Design
Review Board prior to the submittal ofa final plat application.
c) A requirement for all fencing within the development to be open-style such as wrought iron,
extruded aluminum (like wrought iron), or three-rail-type wooded decorative fencing. All other
fencing (i.e.: cedar fencing, vinyl, chain link) shall be prohibited.
d) Parking shall only be allowed in the designated parking areas.
e) A maintenance manual for the drive aisles requiring that association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the individual lots including the
repair and replacement of asphalt and sidewalks.
2.4 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries and approving the final
construction plans prior to submittal of the final plat application.
2.5 Landscape screening in accordance with ECC Section 8-2A-7(L)(1)(a) shall be installed on Lots 3, 5,
6 and 7, Block], within the twenty five foot (25') rear yard setback prior to the issuance of a
certificate of occupancy for any building within the subdivision.
2.6 Lot 4, Block 1 shall be prepared for drainage and limited in landscaping to sod, irrigation, shrubbery
and decorative rock (at the developers discretion), and a fifteen foot (15') sidewalk/transit stop license
strip shall be designated within Lot 4, Block 1 (as a note placed on the final plat). The specific
language (placed as a note on the plat) shall be reviewed by the City Attorney and the applicant prior
to City approval of the final plat.
2.7 The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Owners Association(s) for the development. The applicant shall provide a copy of the CC&R's
(which include a similar statement regarding the common areas) for the review and approval by the
City attorney prior to the approval of the first final plat. The CC&R's shall provide that the
association(s) shall have the duty to maintain and operate all of the common landscape areas in the
subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and
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caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
2.8 The applicant shall provide for approval by the Eagle Design Review Committee and City Council
suggested architectural standard for the development. Eagle Design Review Board and Eagle City
Council approval of the detailed architectural plans for the development is required prior to the
issuance of any building permits. To assure compliance with this condition, the applicant shall create
an architectural control committee (ACC) as a component of the subdivision CC&Rs. Provisions
regarding the creation and operating procedures ofthe ACC shall be included in the CC&R's, and
shall be reviewed and approved by the City attorney prior to the approval of the final plat.
2.9 To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its
discretion, any building permit application that does not meet the architectural requirements herein or
other design requirements as may be stipulated by the Eagle Design Review Board and Eagle City
Council.
2.10 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City
Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of said
structures and approval permits for the removal of the existing well and septic prior to submittal of a
final plat application.
ARTICLE HI
AFFIDA VIT OF PROPERTY OWNERS
3.] An affidavit of all owners ofthe 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.
ARTICLE IV
DEFAULT
4.] 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 oflaw 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
thereofto any party or circumstances shall, to any extent, be held invalid or unenforceable, the
remainder of this instrument shall terminate and the zoning ofthe property shall revert to the RUT
(Residential Urban Transition - Ada County designation) 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
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accordance with the notice and hearing provisions ofIdaho 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 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 MATTERS
7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions ofIdaho 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 ofIdaho 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;
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Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Capital Development, Inc.
6200 Meeker Road
Boise, Idaho 83713
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt jfby 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DA TED this Q day OfVU/q ,2007.
CITY OF EAGLE, a municipal corporation organized
an existing under the laws of the State ofIdaho
(
ATTEST:
Sharon K. Bergmann, City Clerk
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By: \.JI.AJV'- 'J'V' '1-"'-..-
Dave Yorgason WI CapItal Development, Inc.
Page 6 of?
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STATE OF IDAHO )
: ss.
County of Ada )
On this t:t- day o~, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year fir~~tiiM~.e
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STATE OF IDAHO )
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County of Ada )
On this J;L day Of~ ,2007, before the undersigned notary public in and for the said
state, personally appeared Dave gason, known 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.
Notary Pu I
Residing at
My Commissi
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EXHIBIT "A"
North West, LLC
~ECE\VED & FILED l
CliY OF EAGLE
423 N. Ancestor Place, Suite 180
Boise, Idaho 83704
(208) 376- 00. FI'ID'iO~ 'F25fl656
Project No. 06-050-01
Date:
CASTLEBURY WEST BUSINESS PARK
CITY OF EAGLE ANNEXATION / REZONE
DESCRIPTION
A parcel ofland located in the SE 1/4 of the SE 1/4 of Section 24, T. 4 N., R. 1 W., B.M.,
Ada County, Idaho, more particularly described as follows:
Commencing at the section comer common to Sections 19 and 30 ofT. 4 N., R. 1 E.,
B.M., and Sections 24 and 25 of said T. 4 N., R. 1 W., said point being the REAL POINT OF
BEGINNING;
Thence North 89037'39" West, 864.25 feet on the section line common to said Sections
24 and 25 to a point, (from which point the 1/4 section comer common to said Sections 24 and
25 bears North 89037'39" West, 1805.08 feet distant);
Thence leaving said section line, North 00022'21" East, 402.37 feet;
Thence South 89033'32" East, 200.71 feet;
Thence North 00026'28" East, 60.00 feet;
Thence South 89033'32" East, 50.00 feet;
Thence South 00026'28 " West, 15.00 feet to a point of curve;
Thence 31.42 feet on the arc of a curve to the left, said curve having a radius of 20.00
feet, a central angle of90000'00" and a chord distance of28.28 feet which bears
South 44033'33" East;
Thence South 89033'32" East, 95.79 feet to a point of curve;
Thence 12.56 feet on the arc of a curve to the left, said curve having a radius ono.oo
feet, a central angle of23058'45" and a chord distance of 12.46 feet which bears
North 78027'05" East to a point of reverse curve;
Thence 96.68 feet on the arc of a curve to the right, said curve having a radius of 115.50
feet, a central angle of 47057'31" and a chord distance of 93.88 feet which bears
South 89033'32" East to a point of reverse curve;
Thence 12.56 feet on the arc of a curve to the left, said curve having a radius of30.00
feet, a central angle of23058'45" and a chord distance of 12.46 feet which bears
South 77034'09" East;
Castlebury West Business Park City of Eagle Annex Desc,doc
Page 1 of2
Thence South 89033'32" East, 158.83 feet to a point of curve;
Thence 18.60 feet on the arc of a curve to the left, said curve having a radius of 60.00
feet, a central angle of 17045'32" and a chord distance of 18.52 feet which bears
North 81033'42" East;
Thence North 72040'56" East, 25.51 feet to a point of curve;
Thence 18.60 feet on the arc of a curve to the right, said curve having a radius of 60.00
feet, a central angle of 17045'32" and a chord distance of 18.52 feet which bears
North 81033'42" East;
Thence South 89033'32" East, 103.24 feet to a point of curve;
Thence 31.42 feet on the arc of a curve to the left, said curve having a radius of 20.00
feet, a central angle of90000'OO" and a chord distance of28.28 feet which bears
North 45026'28" East to a point on the westerly right-of-way line South Meridian Road;
Thence North 00026'28" East, 30.16 feet on the westerly right-of-way line of
South Meridian Road, said line being 37.00 feet westerly of and parallel with the section line
common to said Sections 19 and 24;
Thence South 89033'32" East, 37.00 feet to a point on the section line common to said
Sections 19 and 24;
Thence South 00026'28" West, 490.00 feet on said section line to the real point of
beginning. Said parcel contains 8.52 acres more or less.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn, PLS
Castlebury West Business Park City of Eagle Annex Desc.doc
Page 2 of2
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