Development Agreement - 2008 - 179 S Eagle Rd/Brodt - 8/22/2008
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/18/08 03:52 PM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Eag Ie Ci ty
AMOUNT
.00
10
1111111111111111111111111111 111111111
108104460
F or 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 Jason and Melissa Brodt. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 179 South 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-05-08; and
WHEREAS, the proposed development includes properties within an area currently zoned R-4
(Residential-up to four dwelling units per acre); and
WHEREAS, the Applicant desires a CBD-DA (Central Business District with development
agreement) zoning classification to develop a commercial 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 commercial project 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 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 CBD-DA (Central Business District
with development agreement) 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 8-10-1 (C)(I); and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; 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
This Development Agreement is made pursuant to and in accordance with the provisions ofIdaho 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 Central Business District with a development agreement ("CBD-DA"), 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 "B") and Building Elevation
Plans (Exhibit "C") represents the Owner's current concept for completion of the project. 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 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 within and the other terms of
this Agreement, the Property can be developed and used consistent with the Central Business
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.
3.3 In accordance with ACHD approval for this site the City will allow the use of the existing
twelve foot (12') wide temporary ingress/egress to the property from South Eagle Road until
such a time that the cross access from the adjoining properties is completed. At such time,
the applicant will be required to close the existing curb-cut driveway and replace it with
vertical curb, gutter, and sidewalk.
3.4 Existing access to the property from Eagle Road is temporary and shall be removed at such
time that access from the adjacent properties to the north and south is completed. The
applicant shall provide a cross access agreement with the adjacent property owners to the
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north and south. The cross-access agreement shall contain language for the removal of the
South Eagle Road access upon completion of the access from the adjoining properties. If
either of the adjacent property owners is not willing to execute said agreement at this time,
then it shall be required of that property owner to execute a cross-access agreement when that
property is proposed for development. The cross access agreement shall be reviewed and
approved by the City Attorney and shall be recorded and executed prior to the adoption of
the ordinance to rezone for this property.
3.5 If, during the City's design review process, ACHD requires the applicant to pay into the road
trust fund an amount commensurate with the cost of demolition of the existing curb-cut
driveway and construction of curb, gutter, and sidewalk (section 2.4 of this agreement), the
City shall accept this measure as sufficient surety for completion of the project. However,
should ACHD not require payment into the road trust fund (nor construction of
improvements), the City of Eagle shall require the applicant to place a surety with the City in
an amount equal to 150% of the cost to remove the existing curb-cut driveway and construct
the required curb, gutter, and sidewalk improvements. The surety shall be placed with the
City prior to the issuance of a Certificate of Occupancy.
3.6 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 the City of Eagle as a part of the
Design Review prior to issuance of a zoning certificate.
3.7 The applicant shall be allowed to maintain the existing cedar fence and attached foliage along
the north property line until such a time that the adjacent property to the north is rezoned to
CBD. At that time the existing cedar fence shall be removed.
3.8 The building on this site shall be connected to the public water system prior to the issuance
of a Certificate of Occupancy. Documentation from the Eagle Water Company and the
Department of Environmental Quality (Boise Regional Office) indicating that potable water
service has been approved to serve the site shall be provided to the City prior to the issuance
of a zoning permit.
3.9 The existing building shall be connected to central sewer (Eagle Sewer District) prior to the
issuance of a Certificate of Occupancy.
3.10 Upon connection to central water and sewer any existing wells or septic systems shall be
abandoned. Central District Health Department approval is required for the abandonment of
existing wells and septic systems.
3.11 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.
ARTICLE IV
AFFIDAVIT 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 8-10-1 shall
be provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 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.
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 R-4
(Residential-up to four dwelling units per acre) zoning designation unless the portion ofthis 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 8-10-1.
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
7.1 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.
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ARTICLE VIII
GENERAL MATTERS
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 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:
Jason and Melissa Brodt
2915 North Devlin Way
Meridian, Idaho 83646
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.
8.6 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
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8.8 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.
ATTEST:
~(j+<Q ~~
--Sharon . Bergmann, City Clerk
BY~
JBh .-
~ r ~J2~~~'J_____
Melissa Brodt
STATE OF IDAHO )
: ss.
County of Ada )
On this J,;1 day nf ~ ' 2008, befnre the undersigned nntary public in and fur
the said state, personallyappeare HIL 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 above
written. ..............
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My Commission Expires: ~ ( 80 /1;)
STATE OF IDAHO )
: ss.
County of Ada )
On this >> day of , 2008, before the undersigned notary public in and for
the said state, personally appeared on Brodt, known or identified to me to be the owners of the property
referenced herein and the persons who executed the foregoing instrument.
STATE OF IDAHO )
: ss.
County of Ada )
On this 9~ day of a{,~ ' 2008, before the undersigned notary public in and for
the said state, personally appeared ehssa Brodt, 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.
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287495
EXHIBIT "A"
Th e North 50 feet of the lot, piece or parcel of land particularly described as follows to wit;
Commencing at a point 290 feet South of the Southeast comer of Block 1 of Aiken's Second Addition to Eagle, in
Section 8, Township 4 North, Range I East of Boise Meridian; thence
West 130 feet; thence
South 150 feet; thence
East 130 feet; thence
North 150 feet to the PLACE OF BEGINNING.
AND
Commencing at a point 290 feet South and 130 feet West of the Southeast comer of Block I of Aiken's Second
Addition to Eagle, in Section 8, Township 4 North, Range I East, Boise Meridian; thence
South 50 feet; thence
West 50 feet more or less to a drain ditch; thence in a North-Easterly direction along the East side of said drain
ditch to a point directly West of the PLACE OF BEGINNING; thence
East 20 feet, more or less, to the PLACE OF BEGINNING.
PARCEL NO. 05 S0508449710
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