Development Agreement - 2008 - Pedersen / 3055 E Hill Rd - 4/8/2008
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05113108 03:02 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Ci tv of Eag Ie
AMOUNT
.00
10
1111111111111111111111111111111111111
108055910
Recording Requested By and
When Recorded Return to:
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 of Idaho ("Eagle"), by and through its
Mayor, and Robert L. Pedersen ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 3055 East Hill
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-18-07; and
WHEREAS, the proposed development includes properties within an area currently zoned A-R
(Agricultural-Residential); and
WHEREAS, the Applicant desires an BP (Business Park) zoning classification to develop a five
(5) unit, 14,34 I-square foot officeltlex space building on a portion of 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 use 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 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 an BP-DA (Business Park 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)( 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:
AR TICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A 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 a BP-DA (Business Park 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 III
CONDITIONS OF DEVELOPMENT
3.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") and Building Elevation Plans
(Exhibit "C") represents the Owner's current concept for completion of the project. As the Concept
Plan (Exhibit "B") 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 changes in the Concept Plan, notice shall be provided as may be required by the City.
3.2 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Business Park District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the BP zoning designation within Eagle City Code Section 8-
2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "c" conditional uses under the BP zoning designation shall require a conditional use
permit.
The following uses which are shown as "P" permitted uses under the BP zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations shall be permitted uses on
the Property:
· Flex space (Laboratories, Printing and/or blueprinting, Industry - custom and limited, Research
and Development, and Research activities)
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The following use which is shown as "c" conditional uses under the BP zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be conditionally
permitted uses on the Property:
· Office (Business and Professional)
3.3 The Applicant shall remove the residence and all accessory (secondary) structures from the site prior
to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the
removal of said buildings.
3.4 Landscape buffering and siting of the facility shall be designed to mitigate the effects of the
development on adjacent residences. All new construction shall be setback from the eastern and
southern property lines a minimum often-feet (10') and those setback areas shall be landscaped with
dense plant material to be reviewed and approved by design review.
3.5 The building configuration (footprint) shall remain substantially as shown on the attached Site Plan
(Exhibit "B").
3.6 The applicant shall construct a five-foot (5') wide meandering concrete sidewalk along Hill Road
abutting the northern boundary of the site prior to the issuance of a building permit.
3.7 The Applicant shall submit a Design Review application for the site to the Design Review Board for
review and approval prior to the issuance of any building permits.
3.8 The development shall comply with the Eagle City Code, as it exists in final form at the time an
application is made and the conditions within this agreement shall be satisfied.
3.9 The Applicant's property shall be annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
issuance of a building permit for this site.
3.10 The developer shall comply with the Ada County Highway District's Special Recommendation, Site
Specific Conditions of Approval, and Standard Conditions of Approval found within the Ada
County Highway District staff report dated September 27,2007.
ARTICLE IV
AFFIDA VIT 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 67-6511 A and Eagle City Code Section 8- 10- I shall
be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5. I 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- I.
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5.2 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.
5.3 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 A-R
(Agricultural-Residential District) 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 ofIdaho Code Section 67-6509, as required by Eagle City Code Section
8- I 0-1.
ARTICLE 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 ofIdaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
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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;
Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Robert L. Pedersen
P.O. Box 1968
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 ifby 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.
7.8 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC)
resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DA TED this i- day Of~! /,2008.
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CITY OF EAGLE, a municipal corporation organized
and e isting er the laws of the State ofIdaho
ATTEST:
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By:
Ro ert pedersen.. .
STATE OF IDAHO )
: ss.
County of Ada )
On this K day of a{;r/ I , 2008, before the undersigned notary public in and for
the said state, personally appeare PHIL BANDY, 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 first ~~
~ltten. ~ _ t2h- ~""".OS!lE_IIN'
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STATE OF IDAHO )
: ss.
County of Ada )
On this J1!!;i.y of ~ ' 2008, before the undersigned notary public in and for
the said state, personally appeare ROBERT PEDERSEN, known or Identtfied 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.
(Lv
Notary Public for Idah~
Residing at: f)nI
My Commission Expires: IoI~D/I,;J
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Robert L Pedersen and Debbie L.. Pedersen, husband and wile
hereinafter refelTed to as Grantee, whose current address is J055 Hill Roaq, Eagle, Idaho 83616
the following described premises. to-wit:
Commencing at the Southeast comer of Section 10, Township 4 North, Range 1 East, Boise
Meridian, Ada County, Idaho,
Thence North along the Section line 52.00 feet to an iron pin;
Thence North 63 degrees 30' West along the Southern boundary of Hill Road 264.00 feet to an
iron bolt, the True Point Of Beginning; .
Thence South 6 degrees 12' West along the East side of a small ditch 145.5 feet to an iron pipe;
Thence South 90 degrees 04' West along the Section line 220.90 feet to a wooden stake;
Thence North 233.11 feet to a wooden stake;
Thence South 69 degrees 30' East, 252.60 feet to the True Point Of Beginning
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