Development Agreement - 2014 - Patten Property - 8811 N. HSB Rd - 1/6/2014 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 8
BOISE IDAHO 01/07/14 09:10 AM
DEPUTY Vicky Bailey
RECORDED-REQUEST OF
Recording Requested By and Eagle Cit y 114401346
When Recorded Return to:
City of Eagle £co I i1/r317S
660 E. Civic Lane ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10
P.O. Box 1520 BOISE IDAHO 02113/14 02:24 PM
Eagle, Idaho 83616 DEPUTY Lisa Batt 111 1111111111111111111111111111111 ill
RECORDED-REQUEST OF
Eagle City c,or a 1144113 2
.
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 Kenneth J. and Lynn Patten, Inc. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 8811 North
Horseshoe Bend Road, Boise, Idaho, 83714 ("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-03-11; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition-Ada County designation); and
WHEREAS, the Owner desires a BP-DA (Business Park with a development agreement) and R-1-
DA (Residential up to one (1) unit per acre with a development agreement) zoning classifications to allow
a parcel division and a residential use on the above described property, which is herein referred to as the
"Property"; and
WHEREAS, the Owner recognizes that uses that are commonly associated with a business park
will occur adjacent to the Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any residential use and business park 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 BP-DA (Business Park with a development
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agreement) and R-1-DA (Residential up to one (1) unit per acre with a development agreement) zoning
designations 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 (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same;and
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 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 BP-DA (Business Park with a development agreement) and R-1-DA
(Residential up to one (1) unit per acre 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 OF DEVELOPMENT
3.1 The Concept Plan (Exhibit B) represents the Owner's current concept and approved uses for the
Property. Prior to future development and/or change of use on the Property the Owner will submit a
development agreement modification application with a revised Concept Plan. The owner will also
submit such applications regarding 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
Eagle City Code, which shall comply with Eagle City Code, as it exists at the time such applications
are made except as otherwise provided within this Agreement.
3.2 The shed (accessory structure) located in the front yard between the residential dwelling and North
Horseshoe Bend Road and adjacent to the southern property line shall be allowed to remain on Parcel
A (R-1-DA) as long as the principal permitted use on the property is residential. No replacement or
expansion of the shed will be allowed.
3.3 The existing residential dwelling may continue to be serviced by the existing well and septic system,
however should the existing well fail the Owner shall be required to connect the residential dwelling to
the available central water system.
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3.4 Upon future development or sale of the property, and prior to application for a building permit, the
owners shall provide a cross access agreement between parcel A and parcel B (if required by Ada
County Highway District) for review and approval by the City Attorney. The cross access agreement
shall be executed and recorded prior to development of, or sale,of the property.
3.5 The Owner(s) shall comply with the requirements of ACHD and ITD, as applicable, including, but not
limited to, access approaches to North Horseshoe Bend Road, dedication of right-of-way, and future
road design prior to issuance of a zoning certificate for a change of use on either parcel as shown on
the Concept Plan.
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 (Exhibit C) 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 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.
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 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.
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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 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 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.
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
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Owner: Kenneth J. and Lynn Patten
8811 North Horseshoe Bend Road
Boise,ID 83714
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 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.
IN WITNESS WI-IEREOF,_the parties have- executed ed this Development Agreement.
DATED this f day of �A-13?°Pf
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••.•`��OF oleo.. CITY OF EAGLE, a municipal corporation organized
p R q ptt, y and existing under the laws of the State of Idaho
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�►tutro �. . mes D. Reynolds, ay%r
ATTEST:
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Sharon K.Bergmann, City Cler
OWNER:
By: /(62,r. 4. . , eat.—
Kenneth J.Patten
By:
Lynn Patten
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STATE OF IDAHO )
: ss.
County of Ada )
On this Q day o�/.LQ rt.4 ,2017,before the undersigned notary public in and for
the said state,personally appeared JAMES D. REYNOLDS,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 WHEREQ� J ve hereunto set my hand and seal the day and year first above
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STATE OF IDAHO )
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County of Ada ) e./• I1 flrAl On this a'17 day of �dt-� , 2013,before the undersigned notary public in and for
the said state, personally appeared KENNETH J. PATTEN,known or identified to me to be the Owner of
the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto t my hand and seal the day and year first above
written.
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STATE OF IDAHO )
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County of Ada )
On this di day of 2013,before the undersigned notary public in and for
the said state, personally appeared LYNN PATTEN,known or identified to me to be the Owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto s:, my hand and seal the day and year first above
written.
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EXHIBIT "A" L.„.. L d 2dil
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December 20,2011
DESCRIPTION FOR
KENNETH J.PATTEN
A parcel of land located in the NE'A of the NE ''A of Section 15,T.4N.,R. 1E.,B.M.,
Ada County,Idaho,more particularly described as follows:
Commencing at the northeast corner of said Section 15,from which the East'A corner of
said Section bears South 00°36'57”West,2643.62 feet;Thence South 00°36'57"West,
660.90 feet along the east line of the NE 'A to the REAL POINT OF BEGINNING.
Thence continuing along said east line South 00°36'57"West,330.45 feet to a point;
Thence North 89°43'11" West, 1326.33 feet to a point on the west line of the NE 'A of the
NE '1c,
Thence North 00°35'31"East, 330.45 feet along the west line of the NE 'A of the NE V.
to a point;
Thence South 89°43'11"East, 1326.47 feet to the POINT OF BEGINNING;
Said parcel of land containing 10.062 acres,more or less.
Said parcel of land subject to existing easements or right-of-ways of record or in use.
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1029 N.Rosario Street,Suite 100,Meridian,Idaho 83642 • Ph(208)938-0980• Fax(208)938-094I
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EXHIBIT "C"
Affidavit of KENNETH J.AND LYNN PATTEN
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
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County of Ada )
KENNETH J.AND LYNN PATTEN,who being first duly sworn under oath, deposes and says:
1. We are Kenneth J. and Lynn Patten, whose mailing address is 8811 North Horseshoe
Bend Road, Boise, ID, 83714.
2. Kenneth J. and Lynn Patten are the fee simple owners of the parcel of real property
described on Exhibit 1, attached hereto(the"Property").
3. Kenneth J. and Lynn Patten authorizes the submission of the Property to certain
Development Agreement pursuant to the zovisions set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the ri"day of .� 2013 by and between the City of Eagle, a
municipal corporation in tl*State of Idaho,and Kenneth J.and Lynn Patten(the"Agreement").
DATED this dl day of , 2013.
By: /1,PAA",01-7', /2a:104--
Kenneth J. Patten
By:
Lynn Patten
SUBSCRIBED AND SWORN to before me this day of V.14-C-14"41€412013.
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