Development Agreement - 2002 - Harmon, 123 E Aikens - 1/8/2002
Recording Requested By and
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.\0,\ CCUNTY RECORDER
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Planning and Zoning Administrator
City of Eagle
P.O. Box 477
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 Bob and Judy Harmon (Property Owner).
WHEREAS, the Applicant is owner of record of certain real estate located at 123 East
Aikens Road, Eagle, Idaho ("Property"), which is the subject of an application for rezone in
Eagle, identified as Rezone Application No. RZ-5-00; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-4; and
WHEREAS, the Applicant desires to develop a commercial/office use on the above-
described parcel, 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/office project upon the Property must be limited to
prevent undue damage and to otherwise be in harmony with existing development; and
WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property for the purpose of developing commercial/office
use while at the same time limiting the adverse impacts of the development upon residential
property owners near the Property and ensuring the Property is developed in a manner consistent
with Eagle's Design Review Ordinance and Comprehensive Plan; and
WHEREAS, the owner of the Property has previously provided Eagle with an affidavit
agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section
8-1O-1(C)(1); and
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WHEREFORE, 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 CBD-DA (Central Business District with
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 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 as a part of the Design
Review prior to issuance of a certificate of occupancy.
2.2 The development shall comply with the Zoning Code, as it exists in final form at the time an
improvement is made and the conditions within this agreement shall be satisfied.
2.3 The owner shall provide an 8-foot wide permanent public easement for pedestrian access
along the west property line of this site prior to issuance of a building permit. The easement
document shall be recorded in the Recorders Office of Ada County prior to issuance of a
building permit.
2.4 The owner shall agree to participate in a BID or LID for the cost of the bridge over the Eagle
Drain and for the 8-foot wide pathway improvements from Aikens Road to the bridge
through this property and the abutting lot to the west.
2.5 The applicant shall dedicate sufficient right-of-way, as required by the Ada County Highway
District, to the Ada County Highway District for the portion of the easterly extension of
Aikens Road along the northern property line of this site.
2.6 The existing building shall be connected to Eagle Water Company, Inc. prior to issuance of a
certificate of occupancy.
2.7 The owner shall comply with all rules, regulations, and ordinances of the City of Eagle prior
to issuance of a certificate of occupancy.
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ARTICLE III
AFFIDA VIT 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.
ARTICLE IV
DEFAULT
4.1 In the event the owner 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 R-4 as set forth in the above Article.
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
commercial/office 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
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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 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 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:
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Applicant:
Bob and Judy Harmon
123 East Aikens Road
Eagle, Idaho 83616
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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.
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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this!t..il. day Of~, 2002.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
ATTEST:
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DATED this <e..ekdayof i~
By:
~ ~ . e, ayor
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; and
,2002.
By:
Bob Harmon (Owner)
Byd,/( ?L,,~~
I Cly on (Owner)
,
,
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STATEOFIDAHO )
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County of Ada)
On this ~ day of ~-:JCu){.A...c;../ ,j , 2002, before the undersigned notary public in and for
the said state, personally appeared RICKYZAGUIRRE, 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 W~RI!M~.I.have hereunto set my hand and seal the day and year first
above written. ~~~"~1C.~';:.~.-4~ :'##4'~,
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STATE OF IDAHO ) '........',
f!JklAJ &VliJU
Notary Public for Idaho
Residing at: __ ':::rh::l/
My Commission Expires:
(; - cJ 7 -(J 7
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County of Ada)
. On this L day O~~2:}~2, before the undersigned notary public in and for
the SaId state, personally a~ ared ,~J.:1'tY/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,
OFFICIAL SEAL
KIMBERLY M, ZENNER
NOTARY PUBLIC STATE OF IDAHO
$SSSSS.-~
STATEOFIDAHO )
: ss.
County of Ada)
On this i day 0
the said state, personally eare~ Al
owners of the property referenc
instrument.
2, before the undersigned notary public in and for
,~ ~,fb.own or identified to me to be the
nd the persons who executed the foregoing
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
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above written.
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OFFICIAL SEAL
KIMBERLY M, ZENNER
N~:::~~~:~~A~E OF.I~AHO
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