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Development Agreement - 2019 - Stadium View - 11/21/2019 ADA COUNTY RECORDER Phil McGrane 2020-022348 BOISE IDAHO Pgs=1 I DAN RYALLS 02/25!2020 11:42 AM EAGLE CITY NO FEE 1111111111111 lIlI II I III I I'I I II II'1 1 1111111111111 00744962202000223480110119 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 JERRON AND MARGIE PORCHIA,Inc.("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 10201 North Horseshoe Bend 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-O7. 19; and WHEREAS, the proposed development includes properties within an area currently zoned R-1 (Residential);and WHEREAS, the Owner desires a C-1-DA (Neighborhood Business District with a 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 Owner'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 a C-1-DA (Neighborhood Business District with a development agreement) zoning designation for the Property with the requirements set forth in this Development Agreement;and WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement(Exhibits B-1 and B-2)pursuant to Eagle City Code Section 8-10-1(CX1)and be bound by same;and Page 1 of 7 K:Tlannrtig DeptlEagle AppGcationsUt7,&A\2019UtZ•07-19 Porchia da fnl ver.doc WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference;and WHEREFORE, the Owner 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 of Idaho Code Section 676511A 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 the C-1-DA(Neighborhood Business District with a development agreement), 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 ON DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code) and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 3.3 The Concept Plan(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 or be required. 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 and notice shall be provided as may be required by the City. 3.4 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-1 (Neighborhood Business District) zoning designation. 3.5 The three (3) residential townhomes, two (2) single-family dwellings, and four (4) residential condominiums(located within the commercial building)use shall be a permitted use on the property. 3.6 The combination of retail/office space shall not exceed 17,279-square feet. The restaurant space shall not exceed 11,471-square feet. Page 2 of 7 KAPlannmg DeptTagle AppGcatiom\ItZ&A12019UtZ-07-I9 Porchia da fnl ver.doc 3.7 The residential dwellings shall be constructed utilizing "Italianate" style architecture as shown on Exhibit D. The commercial buildings shall be constructed utilizing"Italianate" style architecture as shown on Exhibit E. The residential dwellings and commercial buildings shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and City Council approvals of the detailed architectural plans for the development are required prior to the issuance of building permits for the residential and commercial buildings. 3.8 The required parking on site shall be in conformance with Eagle City Code Section 8-4-5 and/or Eagle City Code Section 8-4-4-3(A)(6),prior to issuance of a building permit. 3.9 Owner shall construct a 35-foot wide landscape buffer in accordance with Eagle City Code Section 8-2A.7(J)(4)(a) along North Horseshoe Bend Road between the proposed south entrance and the south property line (as shown on the Concept Plan). The landscape buffer area shall be constructed prior to issuance of building permits for the residential dwellings 3.10 Owner shall provide plans showing outdoor lighting details for review and approval by the Design Review Board and City Council prior to issuance of a zoning certificate. The plans shall show how the lights will facilitate the"Dark Sky"concept of lighting. 3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. 3.12 Owner shall place a 4'x8' sign(s)mounted on two 4 x 4 inch posts mounted in such a manner this is legible from the roadway containing information regarding the proposed development. The sign(s) shall be located along each roadway that is adjacent to the Property. The sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement(Exhibits B-1 and B-2)and be bound thereby,and comply with and be bound by 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 V DEFAULT 5.1 In the event the Owners fail 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. Page 3 of 7 K:U'Iannmg Depaagle Applications\RZ&A\20I9UtZ-07-19 Porchia da fnl ver.doc 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A-R(Agricultural-Residential)zoning designation. 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 Owner(s) (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 Owner. 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 Owner, and its 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 bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. 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 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. 8.4 Legal Representation. Both the Owner 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. Page 4 of 7 KAPlannmg Depaagle AppGcationsUt7&A12019UtZ-07-19 Porchia da fnl ver.doc 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: Jerron and Margie Porchia 7670 Colt Drive Boise, Idaho 83709 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 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees,together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or,if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit,and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced,then following thirty(30)days of written notice of such failure from Eagle,Eagle may draw upon the financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance(whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material respect,the City may,without further notice to Owner,exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; Page 5 of 7 K\Planning Depaagle AppGcationsUtZ&A\2019\RZA7-19 Porchia da fill ver.doc E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.9 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. 8.10 Termination: If the Property is not developed as conditioned herein,this agreement shall terminate 5- years after the Effective Date. IN WITNESS WHEREOF,the parties have executed this Development Agreement. DATED thi ` day of ' V , 2019. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho ,,,-1%, / 2 / By: Iflj\ ),,--- Stan Ridgeway, Mayor i'. '/ A TEST: 0S m e s,„�� L. .C_ A ,,,, haron K ergman$`, Mkrr ik A 4`.• • i0 • . OWNERS: A"WI • s V . ,, s?, ••• ,( By: .''•.•qrE 00 non Porchia r By: . a,a.,,,.., . Margie '• • is Page 6 of 7 K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-07-19 Porchia da fnl ver.doc STATE OF IDAHO ) ss. County of Ada ) 6 On this /f'iay of j1Jp44 " ,2019,before the undersigned notary public in and for the said state,personally appeared JERRON PORCHIA,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. , , PAULA TERRY � 77- COMMISSION NUMBER 37719 otary Public for Idaho NOTARY PUBLIC Residing at: AVIA Civ ati140 State of Idaho My Commission Expires 05/07/2020 My Commission Expires: OS740.%7Zd2-* STA 1 E OF IDAHO ) . ss. County of Ada ) h On this/1t' day of_AJ•trl�"ea#✓ ,2019,before the undersigned notary public in and for the said state,personally appeared MARGIE PORCHIA,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. , . . PAULA TERRY Public for Idaho COMMISSION NUMBER 37719 (VOTARY PUBLIC Residing at: State of Idaho My Commission Expires: OS-17, // c.Z.,.. My Commission expires 05/01/2020 Page 7 of 7 K:\Planning DeptlEagle AppGcations\R2&A\2019\RZ-07-I9 Porchia da fni ver.doc File#17286806 exhibit "A" For value received, Margie Marier Porchia and Jerron E. Porchuà,wife and husband Does hereby convey, release, remise, and forever quit claim unto Jerron E. Porchia and Margaret R.Marier-Porchia, husband and wife Whose current address is 7670 Colt Dr., Boise, ID 83709 The following described premises: A portion of Section 10,Township 4 North, Range 1 East, Boise Meridian,Ada County, Idaho, more particularly described as follows: From the Southeast corner of Section 10,Township 4 North, Range 1 East, Boise Meridian,Ada County, Idaho which is a brass plat installed in State Highway No. 15, and marked 10'11/15'14 and running; thence North288.95 feet to an iron pin;thence South 88.10'West 443.4 feet to an iron pin,at the right-of-way fence of the Farmer's Union Canal; thence South32.30' East along the right-of-way fence 328.9 feet to an iron pin;thence North 89.30' East 266.3 feet to the Point of Beginning. Except Ditch and Road Rights-of-Way Also That certain property in South half of the Southeast quarter of Section quarter of Section 10,Township 4 North Range 1 East, Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the South half of the Southeast quarter of the aforesaid Section 10;thence running West along the Northerly boundary of said South half of the Southeast quarter of said Section 10,a distance of 254.00 feet to the Easterly boundary of the Farmer's Union Canal;thence Southerly along the Easterly boundary of said Canal a distance of 331.9 feet to point of the easterly boundary line of said Section 10 which point is 216.8 feet South of the Notheast corner of the South half of the Southeast quarter of the aforesaid Section 10;thence North a distance of 216.8 feet along the Easterly boundary line of said Section 10,to the Point of Beginning. Except Ditch and Road Rights-of-Way. To have and to hold the said premises, unto the said grantees, heirs and assigns forever. EXHIBIT"B-1" Affidavit of JERRON PORCHIA AFFIDAVIT OF LEGAL INTEREST STAlE OF IDAHO ) ss. County of Ada ) JERRON PORCHIA,who being first duly sworn under oath,deposes and says: 1. I am JERRON PORCHIA, whose mailing address is 7670 Colt Drive, Boise, Idaho 83709. 2. JERRON PORCHIA is the fee simple owner of the parcel of real property described on Exhibit A,attached hereto(the"Property"). 3. JERRON PORCHIA authorizes the submission of the Properly to certain Development Agreement dated the j Cj day of JVi , 2019 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho,and Jerron Porchia(the"Agreement"). DA!ED this Let day of (\€) U ,2019. By: I ' ' /erron Porchia SUBSCRIBED AND SWORN to before me this /qlay of/V1P't#(i ,';2019. _) 4' ...7-afeildt 7 '''' PAULA TERRYNotary Public for Idaho , v COMMISSION NUMBER 37719 Residing at A-744, CO , Idaho NOTARY PUBLIC My Commission expires °4Z--A.:,,,/ 742,2-4) State of Idaho My QgrnmtI9fl expires 05!01/2020 Page 1 of 1 KAPlenning Depaagle ApplicationsUt2&A\2019\R2-07-19 J Porchia da atLdavit.doc EXHIBIT"B-2" Affidavit of MARGIN PORCHIA AFFIDAVIT OF LEGAL INTEREST STAmOF IDAHO ) ss. County of Ada ) MARGIE PORCHIA,who being first duly sworn under oath,deposes and says: 1. I am MARGIE PORCHIA, whose mailing address is 7670 Colt Drive, Boise, Idaho 83709. 2. MARGIN PORCHIA is the fee simple owner of the parcel of real property described on Exhibit A,attached hereto(the"Property"). 3. MARGIN PORCHIA authorizes the submission of the Property to certain Development Agreement dated the °r day of N e" vrber, 2019 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho,and Margie Porchia(the"Agreement"). DArED this t ay of \ 4r .d' ,2019. By: IcJLd Margtjrchia SUBSCRIBED AND SWORN to before me this � ay of Nh1tø4 '2019. , . , ., PAULA RRY COMMISSION NUMBER 37719 Notary Public for Idaho NOTARY PUBLIC Residing at ,Idaho State of Idaho My Commission expires /',(7 20? My Commion Expires 05/01/2020 Page 1 of 1 K:\Planning DeptTagle Applicatwns\RZ&A\2019122-07-19 M Porchia da affidavit.doc FILED • ...... .. CITY r — t":-L.--) ir ,...,a ,....,,i.::,..;.....: ... • AUG 2 9 29 File: Route to:. !,..„.,. ', 4, ,It 4.• . ... .:* „. .--,,, .. . ,.. . I . .- . Meridian,ID 83642 208.884.2824 CONSULTANT v -- CA , , Illicr.i. 1 I ', ZZILlari:r.. • , ' 9 E ., , •,• . . °St IN . '• : , ,----.-","''••• . ' '.• k t;''AP161111110 , • 1 .•.. Is,PARKITIG/LOBBY.I2,86S Si •...• 2nd:RETAIL/RESIOENTIAL 116.359 S. ..'''. 16,'It4• ' ..,' LE * . . • , lid:RETAIL/DINING 13.493 S s........ , 11 14004 „AST:SOOPRRS OFES.S'ION'Ai L,.„/RE„T. aCe 0 ..., ....--,- ,.•1°AARRKAINGE 35.12)A.A' , Z „,4) CO I' . ...... ,V” - fo Lu 471111110 0 . , = .......... • — Aft 0 , * • i , '''' ,,., .,. . IEM ;Xi 0—.• • 8,' . ,',„ ;;;I 4:,;' C•3"A , -4,' Om.• • , • , ffitti IOU , SITE ANALYSIS: TOTAL ,,, . =1 , ., .., . • .",''', OWHOM, ' •19 SF EAC . ' V [.,,,,, ,:rng'L)LN rAttrtIA, )CA 4 i . .14, --. BUILDING 2: j 1ST FLOOR OFF. a 53,..., i '47 AI>. •ST, 1, •INGLE FAMILY euitoiNG 3: aTrill -- --- miLL., -, • , ',, ,ISIS' 4,,:.,,i:,, ,.,„•..., PARKLNATIVefercHIE,ITI,AL4CONDOS: ,.... 91 ,11-'-2- 2 ,...•- .• i•" litt...................i,...if.4.5A.i; , I -.-}64Ari , f".-i :3 ... , . *4\ , t.w-•••••:-.4.'141417,1r, RR:21L-Ii:Igg SATrA4C,,T.DsSTALLS: 1,48 L. , INGLE FAMILY TOTAL REQUIRED SVALU.S: 1S4 , P112=7.4°PAAIg , ,w , . i, •, 41011k,./.' ..., ,• : . PROviDED ADA STALLS: 6 ,, TOTAL PROVIDED STALLS. 148(947.OF REQUIRED, ,9, ' ,r . l'• #, ,,,,, . „ . ,,,,,...,„,,Uri.,AT ill ST LAC/I „.•/s,st e • w • , . \ *Jr •' --,- ',s ,,,..,,,..- : ...* . . . ..; , I. 1 .,0•44 r,o.,r t+.4 1 '''''f'-.17-4.'-- '''..-- '' c- • it . . • ,,,,. .., ..,i.,,s, -",,,,,,,,.11,..„,, , . '', t, . ..,,,,,4,,,,,,,, ,,,,L,„,..,.....,.. ..t„ . , ,,,. ,...„ .:, SITE PLAN . . 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