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Development Agreement - 2008 - Ritchie 221 S Eagle Rd - 9/11/2008 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 City AMOUNT .00 11 1111111111111111111111111111111111111 11381134466 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 Jason and Victoria Ritchie. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 221 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-02-08; 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 Page 1 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc 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 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 ofldaho 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 The Applicant shall remove the residence and any 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 Existing access to the property from Eagle Road is temporary and shall be removed at such time that access from the west portion of the adjoining property is completed. The applicant shall provide a cross access agreement with the adjacent property owners to the north and Page 2 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc 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. The cross access agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the adoption of the ordinance to rezone for this property. 3.5 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 and replace it with vertical curb, gutter, and sidewalk. 3.6 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 and construction of curb, gutter, and sidewalk (section 2.5 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 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. 3.7 The owner shall submit a Design Review application for the site and future building (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. 3.8 The future 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 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 8-10-1 shall be provided and is incorporated herein by reference. Page 3 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc 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 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. 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 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 ofldaho 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. Page 4 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc 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 of Idaho 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 ofldaho 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 Victoria Ritchie 821 Farrington Drive 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. 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- Page 5 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc years after the Effective Date, whichever occurs first. 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. Page 6 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this JI-/il day Of~, 2008. A TEST: ..........." ", E '" ~." (; \.. "" .... .....t-: ........ * '. /r,v... 1E ... ~ .. 0::..... ~t- .. 0 ~ = ,. 0 -;.. ~B' ......... " , ........ y. .",.... ... '1~..~- it-: 001: ,. - ~: < : Phil Bandy, .... \ b:- 1-: Q . ~\ u . u ~ ~'f:.....: .. -:J ..0... ~ i '\ .... INCo~.. 0 ~ ~ * ...... ~~ ....... ~<< ST ~ .".. , ,. By: QJL JiSon Ritchie _ BY~ \)- ~ Victoria Ritchie ST A TE OF IDAHO ) : ss. County of Ada ) On this ~day of ~bvv , 2008, before the ondersigned notary public in and ror 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 above written. 4J;.WA rI.~ Notary Public forE6 Residing at: 'i: My Commission Expires: /J J .1() h d I ( STATE OF IDAHO ) : ss. County of Ada ) t\e:...rr-. On this ~ day of Y~.ptf'"m~r, 2008, before the undersigned notary public in and for Page 7 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc the said state, personally appeared Jason Ritchie, 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. STATE OF IDAHO : ss. tr~~.h~~ Notary Public for Idaho Residing at: ~.-y-)r"+t ) \ \"'.:') ~e.rn eo . My Commission Expires: m~ \-:1.. , :2014... County of Ada ) On this 27 !!>;jay or ~ ' 2008, before the undersigned notary public in and for the said state, personaJly appeared ctoria RItchIe, 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. ~). #ddv Notary Public for 19aho ~ Residing at: ~ . My Commission Expires: (p /30/ If}.. I I Page 8 of8 K:\Planning Dept\Eagle Applications\RZ&A\2008\RZ-02-08 da (final).doc EXHIBIT "A" LEGAL DESCRIPTION Order Number: 00009605 A TRACT OF LA1ID LOCATED IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 4 NORTH RANGE 1 EAST, BOISE MERIDIAN, CITY OF EAGLE, AnA COUNTY, IDAHO, FURTHER DESCRIBED AS FOLLor.'S: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION B; THENCE NORTH 00.00'00. EAST ALONG THE EASTERLY LINE OF SAID SOtTT".dEAST 1/4 A DISTANCE OF 423.20 FEET TO A POINT, THENCE DEPARTING SAID EASTERLY LINE NORTH 90.00' 00. WEST A DISTANCE OF 33.00 FEET TO A SET 5/B INCH IRON ROD LOCATED ON THE WESTERLY RIGHT-OF-WAY OF EAGLE ROAD, SAID POINT BEING THE POINT OF BEGINNING; TH"'..NCE CONTINrJING NORTH 90.00'00' rVEST A DISTANCE OF 226.60 FEET TO A POINT FROM WHICH A FOUND 1/2 INCH IRON ROD BEARS NORTH 80.53'42" rVEST A DISTANCE OF 0.16 FEET; THENCB: NORTH 32.57'00. EAST A DISTANCE OF 112.02 FEET TO A POINT FROM WHICH A FOUND 1/2 INCH IRON BEARS SOUTH 13.22'38" WEST A DISTANCE OF 0.15 FEET; THENCE SOUTH 90.00'00. EAST A DISTANCE OF 165.67 FEET TO A SET 5/8 INCH IRON ROD LOCATED ON SAID WESTERLY RIGHT-OP'-fYJiY; THENCE SOUTH 00' 00' 00. WEST ALONG SAJD WESTERLY RIGHT-OF- WAY A DISTANCE OF 94.00 FEET TO THE POINT OF BEGINNING. ~AJ ~J- q75 tl i w ~ j t a: ~ ",0 a ~ z~ ~~ ~~ 1 oz :~ ~l ~ eN W ~.. e O:r ~E 8 i~?( . 0 ~ ~~ :\!f ~ z ",52 ~~ 8 1 i~~! 0( ~ . ~ z$ VI 9 UJ i l- t 0 ~ Z . . -' ~ <( ~ CL ~ UJ Z ~ UJ I ~ ~ ! z ~~ l- I .. ~ ~! -' ~_z::; I:~ DO ::0< a:.. - . H ~i I ! II ti :i !. 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