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Development Agreement - 2017 - Nickel 247 N Eagle Rd - 11/1/2017Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=19 BONNIE OBERBILLIG EAGLE CITY 2017-023753 03/21/2017 02:47 PM NO FEE 111111111111111111111211110101131113101111,191.111111111111 DEVELOPMENT AGREEMENT For Recording Purposes Do Not Write Above This Line 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 Shawn L. Nickel. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 247 North 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-05-16; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential); and WHEREAS, the Owner desires a CBD -DA (Central 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 CBD -DA (Central 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 (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and Page 1 of 8 K\Plararing Dept \Eagle Applications \RZB&A\2016\RZ-05-16 Nickel 247 N Eagle Rd da cc 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 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 the Central Business District ("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 The Concept Plan (Exhibit B) represents the Owner's current concept for 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. 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding design review, building permits, 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. 3.3 The existing dwelling located onsite shall not be utilized as a residential dwelling upon execution of the development agreement. hi the event Owner cannot convert the existing dwelling to a commercial use the existing single-family dwelling shall be a permitted use. 3.4 The Owner shall submit a design review application for the site and conversion of the existing residential home to a commercial use (as required by Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the design review approval prior to receiving a Certificate of Occupancy for the structure located on and/or constructed on the site. 3.5 The Owner shall provide a cross access agreement with the adjacent property owner to the north. The cross access agreement shall be executed and recorded prior to the adoption of the ordinance to rezone the property. In the event the existing access point is removed, the Owner will be required to close the existing curb -cut driveway and replace it with vertical curb and gutter. Page 2 of 8 IC\Planning Dept\Eagle App lications\RZ&A\2016\RZ-05-16 Nickel 247 N Eagle Rd da cc fnl vecdoc 3.6 The Owner shall show that adequate parking is provided based on the size and uses proposed to be located on the site. If adequate onsite parking does not exist the Owner shall work with the adjacent property owner located to the north of the Property to establish a joint/collective parking facility pursuant to Eagle City Code. The joint/collective parking facility agreement shall be reviewed and approved by the City Attorney prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. 3.7 Owner shall provide a stub for central water from the existing structure to North Eagle Road. The existing structure shall be constructed to central water no later than August 9, 2021. 3.8 Prior to the approval of the rezone ordinance Owner shall pay all fees associated with the development agreement pursuant to Eagle City Code 1-7-4. 3.9 The Owner shall show that adequate parking is provided based on the size and uses proposed to be located on the site. If adequate onsite parking does not exist the Owner shall work with the adjacent property owner located to the south of the Property to establish a joint/collective parking facility pursuant to Eagle City Code. The joint/collective parking facility agreement shall be reviewed and approved by the City Attorney prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. 3.10 Except for the limitations and allowances expressly set forth herein and the other terms of this Agreement, the Property can be developed and used consistent with the Central Business District (CBD) 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. All uses shown as "P" permitted under the CBD zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the CBD zoning designation shall require a conditional use permit, except that the daycare center playground (associated with the daycare center use located at 223 North Eagle Road) (Exhibit D) located on Property shall be a permitted use. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses which are shown as "C" conditional uses under the CBD zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be prohibited uses on the Property: • Ambulance Service; • Clinic; • Laundromat; • Laundry; • Restaurant. Upon connection of the structure to a central water system the Property can be developed and used consistent with the Central Business District (CBD) land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations". 3.11 Owner shall provide a joint use agreement (with the property owner to the south) (Exhibit E) to allow the existing daycare center playground to remain at the current location on the Property. The joint use agreement shall be reviewed and approved by staff and the city attorney prior to execution of the agreement. Page 3 of 8 ioPlamugg Dept\Eagle Applications\RZ&A\2016\RZ-05-16 Nickel 247 N Eagle Rd da cc frd ver. doc 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 expire 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 R- 4 zoning designation until Eagle enacts and records an ordinance changing the property to the R-4 (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 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 Page 4 of 8 KAPlamdng Dept\Eagle Applications \RZ&A\2016\R2-05-16 Nickel 247 N Eagle Rd da cc fid ver.doc 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: Owner: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Shawn L. Nickel 1589 North Estancia Place 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 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 Page 5 of 8 K:\Planning Dept\Eagle Applications \RZ&A\2016VtZ-05-16 Nickel 247 N Eagle Rd da cc Ell vecdoc 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: 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. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this / day of Affile016. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho Page 6 of 8 K:\Planni g Dept \Eagle Applications\RZ&A\2016\RZ-05-16 Nickel 247 N Eagle Rd da � 5d ver. doc 10: Ems-. : arc • Qy Q ••, * �•*••** •• o,,,•• ATTEST: *•'••••... STA';.•` i A • V: O • : .• V— haron K. Bergmann, City Clerk STATE OF IDAHO ) : ss. By: Stan`idgeway, Mayor Owner: By:'— Shawn L. Nickel County of Ada ) On this Z S day of 0 C 0 6e !' , 2016, before the undersigned notary public in and for the said state, personally appeared SHAWN L. NICKEL, known or identified to me to be the owner of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above CALL,/,• 4cY •'. /4c' +01hRY APO.Pub %' • fkkkit* 'A?'E OF ;�� Rotary YPublic for Idaho Residing at: P ri � l / L My Commission Expires: it,/ 2-1 Page 7 of 8 K\Planning Depl\Eagle Applications \RZ&A\2016\RZ-05-16 Nickel 247 N Eagle Rd da cc Gil va.doc INDEX OF EXHIBITS A Legal Description B - Concept Plan C Affidavit of Owner D - Daycare Playground Location E Joint Use Agreement (Playground Area) Page 8 of 8 K\Plam ing Dept\Eagle App licationsTZ&A\2016UiZ-0S 16 Nickel 247 N Eagle Rd da cc fol ver.doc EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Ada, State of Idaho, described as follows: BEGINNING AT A POINT ON THE SECTION LINE BETWEEN SECTIONS 8 AND 9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, 654 FEET SOUTH OF THE QUARTER CORNER ON SAID SECTION LINE, THENCE AT RIGHT ANGLES TO SAID SECTION LINE WEST 24 FEET, TO THE REAL POINT OF BEGINNING; THENCE CONTINUING WEST 145 FEET; THENCE AT RIGHT ANGLES SOUTH 100 FEET; THENCE AT RIGHT ANGLES EAST 145 FEET; THENCE AT RIGHT ANGLES NORTH AND PARALLEL WITH SAID SECTION LINE 100 FEET TO THE REAL POINT OF BEGINNING, IN ADA COUNTY, IDAHO; FURTHER EXCEPTING THEREFROM THAT PORTION CONVEYED BY WARRANTY DEED TO THE ADA COUNTY HIGHWAY DISTRICT DATED APRIL 15, 1977 AND RECORDED APRIL 18, 1977 AS INSTRUMENT NO. 97029777, RECORDS OF ADA COUNTY, IDAHO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT IN WARRANTY DEED RECORDED APRIL 18, 1977, AS INSTRUMENT NO. 97029777 BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 0°00'00" WEST, 654.00 FEET (FORMERLY SOUTH, 654 FEET) ALONG THE SECTION LINE COMMON TO SECTIONS 8 AND 9 TO A POINT; THENCE SOUTH 90°00'00" WEST (FORMERLY WEST), 25.00 FEET TO A POINT, SAID POINT BEING THE REAL POINT OF BEGINNING, THENCE CONTINUING SOUTH 90°00'00" WEST, 8.00 FEET TO A POINT; THENCE SOUTH 0°00'00" WEST, 100.00 FEET (FORMERLY SOUTH, 100 FEET) ALONG A LINE PARALLEL TO AND MEASURING 33.00 FEET AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 8 TO A POINT; THENCE NORTH 90°00'00" EAST (FORMERLY EAST), 8.00 FEET TO A POINT; THENCE NORTH 0°00'00" EAST, 100.00 FEET (FORMERLY NORTH, 100 FEET) ALONG A LINE PARALLEL TO AND MEASURING 25.00 FEET AT RIGHT ANGLES TO THE EAST LINE OF SAID SECTION 8 TO THE REAL POINT OF BEGINNING. 2 0 4 6 7 10 12 A exleTelb Dcoor.cog TE22 TO Romobt R.TAN NO P1T2ci 110102012 aff C D E F N %, MINI 20 CAL CR. AM. 1K2 10 ROW.BYL06D "-WOKSY CEDAR141m OCTAN YD PROTECT % ' CCDMTM'PGCE AND uE TO 2E ttolO.t9 TA6RDI1 art •/%/,(%i / : � % f TO NOM n abide COw,w OTION ,b 1) rP�ax 410am 1/ e>tsrns \ceDARlox>r 0 A I� >AIN r¢ ` L121TO l I %977.0 50. FT. OFFICE I BUILDING I To, N EAO1.2 ROOD 0201.2 J K#NARKAtuormM.0. LOTTebl • MOOS LA70.1.2 TO 2211E2 ROM 40 an Daeln 42TioN rofoTeCT TN10021 110-0• �JN Loa." TO ROW. nmROM OJT ae6i1001KOROT T VAN toPOMO eNRTw s• e. TO ee 110--110 6. __ ...... ... e, % 11!ET LL'I!1 lT0 1ir . EmMw • 2K*TN9 a' P74411 A WTI L4N1 70075344 61DD2AALLK TO REMAIN M .t IvtL) & t-HLtu CITY OF EAGLE File: Route to Property MAY 16 2016 0 P 7 00RTN42TI0r1 . y 0.., 7140444 StG(IY.A)- .. __Alm. Q ^�� O SITE LOCATION MAP PROP06E0 �.WIAG2 �1� filyIL Pl4'.6'Nu ,NOTE, ALL ”.'1.7....... V 6.2 . > Lr. u..pl W PLANT SCHEDULE KOPCK06. W IT. CJ 409 .OxCONN. INw ',On..I. MATWTT CLAM C9 PO NY1 ffiE_ Fyne 6P 1 bre' x104 Or Ibp.. V MP 0661619 fR.LL1640 N�3 TO RouN 214 �N,L�„ nor' x001 x'701. )'glee UJ -'-9*. (• Sabo, m !Lae 661104 vNK..nARN 1.. Me' x YL 9 Fel . x glb ..weed Ow OWN.' 9044 8'IpL.Prb „Mway1 W. 6 Doe•4e• 2KRTIw OlsCO PO „aloe,. sbb. ep... xeeL "0"'.04. 1111.61 AND •11200.210RA RN 50.roe Leew Lw' 1344 x' 170*. 4' Ode Lee We 013207 OOA"WM.1 .x14 "I"."• I". 9 U C.I.1xg0K WIdr.1Wrd.' x641 x'414. x'44. erbwtw. Rye n.» 423 Caso1 Wu 'Cort' 16.4. Me fIpL. 111. Rea Web 161461.4) ttO.wd .4 NRANN,r 4LTp...eldN L.ee A.,' 2OaL 2'het. A 2' skis u Bury Pee Rf..N On. 1100.0 SG. FT. STORAGE BUILDING�. • -• 741N EAGLE MAO k Z • LOT 116 ILO al LOT T1 JACK... MIK *01,6701101 g -Y - ENTANaLANDIVo.plearETOROU* eCT .........1 _-_ + If,�� OT COOT 120.120 ANTRO E'IAm LIMO a COOKICTION �TN9.'GL0Y. roan MONO •b101. Ant TO 6e R?W.20 .5426 TO MK. 442 to tio own ,10422 Arc OAT. captive 0 ,valor ; is i%/i%/////Z/1/: i//'•/ij Willa K°7.°"` %'/i/�//9///�/7;%:/%.:/:,1 SITE RE -ZONE PLAN SCALE. I' . 10'-0' SITE STATISTICS. 6060.4!061 RiaDJEF-661. 241 N EAGLE RD EAGLE, ID 63616-0000 APPLICANT/ CONTACT: Strawberry Fields Forever LLC 1589 N. ESTANCIA PLACE EAGLE, IDAHO 83616 Contact: SHAWN L. NICKEL 208-794-3013 PLANT TIME AT DRS ELEVATION Y NEtlI* 3.91A. WOODEN POLE WM. A. 70024 0) 707 0TNCEE 1•422441311. TO PREVAIL.. Kb. 626 x0126 POLO OAC. 2I1.114P W I*AT OR RolO.e OK 2*2 0:7 nes+ ROOT 617.4 46 6167.10 AND RCOOR0D 3• WATER ReTENTNN 5. ZONING, R-4 PLT TOP OP RIOT Re -ZONE, 000 • 4BOV1 Pw64 GRADE PROPERTY SIZE 30 ACES (13}90.10 AP) RUE 71P24 AGFA, OFFICE 9110 6Q FT. (121) . • IP GAD,ONLLPLANING60LL _" L1W ---UO,TIEED 0 TM MOTE O weer 2104 POLL IO'NM'DN1 LAT MITA 0x401041 2O d4N0le Y0 KIM TO INTERNATIONAL .001266 CP APOO6C LTU10 6T404203,. 2TR0'222.1. PRIM TREE. 6611044 EE REPLACED 4TT4CN TRUNK 8021, 10 POLL Of CNC* TE. 628 bereft VROWLE T1.H. RATE fR1 021.214 Orb Pole. 5010. (OR 40681420 80147.), 702*' MLA A .161 0.34418Y PRO01 TTR1K 670540.1 WILDING!, 1.412 Oa PT (SGL) TOTAL DUILDG 2011 AQ PT. (102%) lS ? STACK OP TK22 R TO M TM CONT AGTOR4 OP1IO1 u'A*VER TO 0al012ACTOR 4 K.M0RIL2 TO NUM 111AT ALL MIK 4K 611061620 2TR.16111 AND TAT TILT 701404 MK, FOR TM TERM C4 1142 1711.6111'1'. 2. WRAP 10*155R ONCN T4 (0! 4P10 tale, ARAIO T42 TRIM TMIKA STAKES 446120 811161 T! 6100410 a. .,1.E 70447 P.1(04. 0501E 116 Me TO T61 6T4PE8 WTN OALV442110 NAIL. TO KOVENI 20877047. 1 WARD. N 6.4001LL BELOW int 4001 5.444 PRIOR 10 6.11N9 TK2 610 NACRE ILILL 00O2.2 PARKNG APACE& 5 TOTAL PROVIDED 4,0261' WY.1708 1112C111 ..TNN TM .IKT b Oaf.. 4 x00)IR 0 CQNC. 111109.E PATIOS RARK11Y+ AREA CONCRETE LANDSCAPE AREA 6600 EP. TOTAL 14}10 200 ET. TOTAL (A}%) 20441 6P. TOTAL (6621‘) F O © DECIDUOUS TREE PLANTING DETAL LANDSCAPE NOTES An pWa..vN�l 1.n wawa. ArYr, wrY.n.1M✓b r> yp Au. aPoun 2.�P al ..Cl 4 u be ea rN lir.. 74 e. x• c�4pl• 1 eadt to* me... 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RANI 61100 AT 64.61 REv*TION AS !UMW )• 6121 RETENTION MEW 111.40.711.1.20 RYRW 201 T V MN DEP, OP P PMA DARK (0R 40611,.21, 20144)0 RESP MARC 11101 A MN OP P PRAT ITCH Ten. '_�-��IR�{J�1� I1 1.61161.1,E l LU1J'L I .-- GALL - Scam WW1 AFTER LRIELiIt_ •16)7170615 FROM TM=WAWA LE E4^ .9140ED G M NOTE - M04 610.E 11.11 M len OP ROOT 7444.). C SHRUB PLANTING DETAIL. N 0 P z 3 J (0 11 12 DATE: 5-13 -250,6 ER gxg33� JH 2 „8„ 118IHX3 r t. m PAWN K: 1070 01!1X00 8Y: JOY.- I, `fI: S1.0 EXHIBIT "C" Affidavit of SHAWN L. NICKEL AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada SHAWN L. NICKEL, who being first duly sworn under oath, deposes and says: 1. I am SHAWN L. NICKEL, whose mailing address is 1589 North Estancia Place, Eagle, ID, 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto (the "Property"). 3. Nickel authorizes the submission of the Property to certain Development Agreement pursuant to thy ,,provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the 2.5. day of 0 c /0 ie.; 2016 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Owner (the "Agreement"). -1% DATED this Z S day of b c I a `e r , 2016. By: Owner By: Shawn L. Nickel SUBSCRIBED AND SWORN to before me this as- day of 0 C �0 0' e" , 2016. WCA) Notary Public for Idaho Residing at1 GC I D , Idaho My Commission expires -1 I9/ 21 Page 1 of 1 K:\Planning Dept\Eagle Applications \RZ&A\2016 05-16 Nickel 247 N Eagle Rd da affidavitdoc EXHIBIT "D" Ex16.tilla LANDSCE° - ro "REM" AIN, M1 RETAIN AND PRQjECT •t1�N2e7lJG1 , •gAr.eaNS%i t1pK' ... 50'-0" 1,100.0 SQ. FT. STORAGE BUILDING 247 N. EAGLE ROAD LOT *I 4 E. 5.5' OF LOT +li JACKSON PARK SU'DIVISION GONC :ONFERENCE RECEPTION ROOM AREA ;t 341 SF. 222 SF. ' k 6 IPA 0" 2 IC 12'-0" land RAMP 6.6 r PAt1O 00 1Amy Amy 44..- / • COl"IPAC1 CONCRETE DRIvEtMAY 50'-0" r Ps ear - IMO 1•1110 r^ r r rr^rr rrr.rrrr...► / PLAYGROUND FOR 241 N EAGLE APPROXIMATE ROAD (APPROVED FOR i LIMITS OF s.... TEMPORARY USE) r�e CONSTRUCTION • --- ..—rw--� 20' F/// //////X)4)%eii///4 EXISTING 6' CEDAR FENCE AND GATE TO BE REMOVED AND REPLACED W'T1-I 6' VINYL FENCE AND GATE EXISTING &'VINYL FENCE TO REMAIN EXHIBIT "E" RECORDING REQUESTED BY and WHEN RECORED RETURN TO: Eagle City Clerk City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line JOINT USE AGREEMENT FOR 247 N. EAGLE ROAD This JOINT USE AGREEMENT ("Agreement"), is made and entered into on the date indicated herein, by and between Shawn L. Nickel of Strawberry Fields Forever, LLC, and Imagine Properties, LLC, and the City of Eagle, a municipal corporation in the State of Idaho, by and through its Mayor Stan Ridgeway, hereinafter referred to as `Eagle". WHEREAS, Shawn L. Nickel of Strawberry Fields Forever, LLC is the owner of record of certain real estate located at 247 N. Eagle Road, Eagle, Idaho, (Parcel A) as shown on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Imagine Properties, LLC is the owner of record of certain real estate located at 223 N. Eagle Road, Eagle, Idaho, (Parcel B) as shown on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, Shawn L. Nickel has requested this Agreement in accordance with Eagle City Code Section 8-4-4-3; and WHEREAS, On September 27, 2016, the Eagle City Council approved the use of an existing daycare center playground shared between 247 N. Eagle Road and 223 N. Eagle Road with zone change application RZ-05-16, and with reference with design review application DR -43-16; and WHEREAS, the approved use of the Property located at 247 N. Eagle (Office/Commercial) necessitates the need for the agreement. The Joint Use Agreement provided for herein is to allow the existing daycare center playground used by the owner and tenants of 223 N. Eagle Road to be located on the 247 N. Eagle Road property. NOW, THEREFORE, for and in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: JOINT USE AGREEMENT - PAGE 1 of 6 1.1 ARTICLE I CONDITIONS Shawn L. Nickel of Strawberry Fields Forever, LLC hereby agrees to allow the existing daycare center playground currently being used by the owner and tenants of 223 N. Eagle Road, to be located within the southern portion of the 247 N. Eagle Road property as shown on Exhibit A, attached hereto and incorporated herein by this reference. Because the existing daycare center playground is not a requirement by the City for the use for 223 N. Eagle Road, the owner of 247 N. Eagle Road shall have the right at any time during this agreement to terminate this agreement and remove said existing daycare center playground, at the sole expense of the owner of 247 N. Eagle Road, without further compensation (either financial or with additional land area) to the owner or tenant of 223 N. Eagle Road. 1.2 If any changes of the Properties or uses of the Properties occur, other than termination of this agreement, which results in the need for a change in the use or area of the existing daycare center playground, per the Eagle City Code in effect at the time of the change, an amendment of this agreement as outlined in Section 5.1 below shall be required. ARTICLE II TERMS 2.1 Definitions. For purposes hereof: (a) The term "Parcel A" shall mean the Property located 247 N. Eagle Road or and any future subdivisions of the Property. (b) The term "Parcel B" shall mean the Property located at 223 N. Eagle Road and any future subdivisions of the Property. (c) The term "Owner" shall include any and all successors or assigns of Owner as the owner or owners of fee simple title to all or any portion of the Owner's Parcel whether by sale, assignment, inheritance, operation of law, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on the Owner's Parcel unless and until such holder becomes the record owner thereof. (d) The term "Properties" shall mean both Parcel A and Parcel B. (e) The term `Eagle" shall mean the City of Eagle. 2.2 Maintenance of Agreement Area. Shawn L. Nickel of Strawberry Fields Forever, LLC shall be responsible for maintaining Parcel A, with the exception of the existing daycare center playground area shown on Exhibit A. Imagine Properties, LLC shall JOINT USE AGREEMENT - PAGE 2 of 6 be responsible for maintaining Parcel B, and the existing daycare center playground area shown on Exhibit A. ARTICLE III DEFAULT 3.1 In the event the Owner fails to comply with the conditions set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right to, without prejudice to any other rights or remedies, to cure such default and enjoin such violation and otherwise enforce the conditions contained in this Joint Use Agreement. 3.2 If required to proceed in a court of law or equity to enforce any provision of the Joint Use Agreement, the prevailing party shall be entitled to recover all direct out-of- pocket costs so incurred to cure or enjoin such default and to enforce the conditions contained in this Joint Use Agreement, including attorney's fees and court costs. ARTICLE IV ASSIGNMENT AND TRANSFER 4.1 After its execution, the Joint Use Agreement shall be recorded in the office of the County Recorder. Each condition herein shall be a burden on the Properties and shall run with the land. The Joint Use Agreement shall be binding on the Owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns. Any new owners of the Properties 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 conditions stated within this Agreement with respect to the Property or portion thereof. ARTICLE V GENERAL MATTERS 5.1 Amendments: Any alteration or change of this Joint Use Agreement shall be made only after written approval by each property owner and Eagle. Termination of this Joint Use Agreement shall be made solely by the owner of 247 N. Eagle Road, as described in Condition 1.1 above, with a minimum 30 -day notification given to the owner and tenants of 223 N. Eagle Road and Eagle. 5.2 Paragraph Headings: This Joint Use 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 Joint Use Agreement. As used in this Joint Use 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. JOINT USE AGREEMENT - PAGE 3 of 6 5.3 Choice of Law: This Joint Use Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Joint Use Agreement. Any action brought in connection with this Joint Use Agreement shall be brought in the Fourth Judicial District in Ada County, Idaho. 5.4 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: Eagle Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 Owner, Parcel A: Strawberry Fields Forever, LLC — Shawn L. Nickel 1589 N. Estancia Place Eagle, Idaho 83616 Owner, Parcel B: Imagine Properties, LLC 1589 N. Estancia Place Eagle, ID 83616 Or other such 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. 5.5 Effective Date: This Joint Use Agreement shall be effective upon the signing and execution of this agreement by all parties. 5.6 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. JOINT USE AGREEMENT - PAGE 4 of 6 IN WITNESS WHEREOF, the parties have executed this Joint Use Agreement. DATED this / day of Afe tM b e' , 2016 ATTEST: ••• � �••••••• ` 'moi .,•„••ti •. CITY OF EAGLE, a municipal corporation ♦ •• QORA7.. v� o� F s * organized and existing under the laws of the • v ••• • : State of o • s,. �•;+rr�troa►��` • Q'�'�•' / BY: • OV'0%1'-Stan Ridgeway, May Sharon K. Bergmann, City Clerl4 BY: l. 4/1t4— BY: / BY: Shawn L. Nickel, Owner 247 N. Eagle Rd Shawn L. Nickel, Manager Imagine Properties, LLC STATE OF IDAHO ) :ss. County of Ada ) On this / day of I V oo h" , 2016, before the undersigned notary public in and for the said state, personally appeared Stan Ridgeway, 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 WHEI1igi I have hereunto set my hand and seal the day and year first above written. •••,•••%1G% o s & '•. ,•,•• al9e2-- c••�M ••••% ,,•,• Q' :f4: OTaRy •m •�` s_ Notary P i f r Idaho Ae .0.i.... • �/ * t `G• Residing :• P U $�' •!P��� My Commis ion Expires: p///Wza, '•'11'EO 'e JOINT USE AGREEMENT - PAGE 5 of 6 STATE OF IDAHO ) :ss. County of Ada ) On this a C + day of , 2016, before the undersigned notary public in and for the said state, personally appeared Shawn L. Nickel, on behalf of Strawberry Fields Forever, LLC, known or identified to me to be the owner of 247 N. Eagle Road, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. • • =1 Notary Public for Idaho Residing at: ft-7/FC it / L J'� AVBLIE My Commission Expires: 7 / 1/ 4"..,4' OF10� ••••# •••••••NN•• STATE OF IDAHO) :ss. County of Ada ) On this cf. day of Oc /464!2016, before the undersigned notary public in and for the said state, personally appeared Shawn L. Nickel, on behalf of Imagine Properties, LLC, known or identified to me to be the owner of 223 N. Eagle Road, and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. •gs. • Notary Public for Idaho Residing at: poi P(, I i My Commission Expires: 1/ E3 / z( JOINT USE AGREEMENT - PAGE 6 of 6 I 14*il,AL 40, ftwoor ?No" It1 CEDTO'REMA1L�1 EXHIBIT A I TING rA . PATIO '-ExIETING .L;ANDSCPe TO REPIAP4, ,:..RETAIN AND PROTECT •T+fI;'•'• �i�iA� X94 *I 4E-47.474,"""Nrit4. 44 144 riVr e4;104.0* AV& 4111V • — [ SIC— — 50-0" 1,100.0 SQ. FT_ STORAGE BUILDING 241 N. EACsLE ROAD LOT 0# 4 F. 55' CF LOT Ri JACK5CN PARK 5tl Iv18ION 50-0" • n f PLAYGROUND FOR 741 N. EAGLE ROAD CAPPROvED FOR TEMPORARY LlSE. r..4.... . ------ APXIMATE LIMITS OF CONSTRUCTION r///////////A 4/ ,fi/ gy-d7 eci W//////////4 CONFERENCE ROOM 3+1 eF_ t RECEPTION AREA d 222 SF. land RAMP 6 PAHO y.. • GaNIFAci :8'' • CeNcRETE D @IVR 4i J. :7401 IAV AMMO`161, 20' Ex/STING 6' CEDAR FENCE AND GATE To BE REMovED AND REPLACED WITH Ga' VINYL NICE AND GATE 4 -. T�` EXISTING 6'VINYL FET�ICE TO REMA!N