Development Agreement - 2017 - Riverside SR Development - 3/2/2017Recording 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 2017-032372
BOISE IDAHO Pgs=10 BONNIE OBERBILLIG 04/14/2017 09:43 AM
EAGLE CITY NO FEE
1111111 11111 I3I2I0I71033V1010 111 111
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
This 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" or "City"), by and through its Mayor, and Riverside SR Development Company, LLC ("Owner").
WHEREAS, Owner is the owner of record of certain real estate located southeast of Merrill Park
and adjacent to the southern boundary of Merrill Park approximately 250 feet east of the intersection of
Shore and Riverside Drive, 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-11-16; and
WHEREAS, the proposed development includes properties within an area currently zoned MU
(Mixed Use); and
WHEREAS, Owner desires a MU -DA (Mixed Use with a development agreement zoning
classification to develop a senior living facility use on the Property; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any senior living facility 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, 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 MU -DA (Mixed Use with a development
agreement) zoning designation for the Property with the requirements set forth in this Development Agreement;
and
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WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) 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.
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 has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to MU -DA,
subject to the provisions of this Development Agreement. Ordinance #555 became effective after its
passage, approval, and publication September 18, 2006, and Ordinance #555 will continue to be effective
after 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 Development Agreement.
3.2 The Concept Plan (Exhibit C) represents 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.
3.3 The senior living facility shall be designed in compliance with Eagle City Code Section 8-2A.
Permitted architecture styles are specifically those shown within the Eagle Architecture and Site
Design Book (EASD Book). Architecture styles and building design elements that are not shown with
the EASD Book will not be permitted.
3.4 Owner shall submit a Design Review application for the site (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 prior
to issuance of a zoning certificate.
3.5 The proposed building height shall not exceed 43 -feet in height. All mechanical units associated
with the facility shall be roof mounted.
3.6 Development of the Property will be permitted through the Design Review process and future
conditional use permits for the residential development will not be required.
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3.7 The Concept Plan (Exhibit C) shows the locations for all buildings within the development. The
Setbacks shall be as follows:
Front (North Property Line):
Sides (East and West Property Line):
Rear (South Property Line):
20 feet
7.5 feet
20 feet
3.8 Owner shall have the duty to maintain and operate all of the common landscape areas and access
easement from East Riverside Drive in a competent and attractive manner, including the watering,
mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
3.9 All parking associated with the senior living facility shall only be allowed in the designated parking
areas located onsite.
3.10 Property shall be annexed into the Eagle Sewer District's service boundaries and shall comply with
all applicable Eagle Sewer District's regulations and conditions prior to the issuance of any building
permits. A letter of approval shall be provided to the City from the Idaho Department of Health and
Welfare, Division of Environmental Quality, and/or Central District Health, prior to issuance of any
building permits.
3.11 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Owner agrees all development and improvement of the Property
shall comply with rules and regulations pertaining to regulated wetlands. In the event development is
proposed within the regulated wetlands Owner shall provide documentation of an approved 404 -
Permit for any work within any wetlands on site prior to the City issuing a zoning certificate for the
property.
3.12 Owner shall provide a common area plaza as generally depicted on the Concept Plan. The intent of
the plaza is to become a focal point of the development with an adequate area for gathering, walking
paths, benches, seat walls, and lighting to create a sense of place and identity for the core area of the
development. The landscaping may include shrubs, flowers, water features, etc., and shall be
reviewed and approved by the Eagle Design Review Board prior to the issuance of a zoning
certificate.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator
with the submittal of a Design review application. The plans shall show how the lights will facilitate
the "Dark Sky" concept of lighting.
3.14 The Property is designed to allow for access connecting this Property to East Riverside Drive utilizing
an existing perpetual access easement which crosses City -owned property near the east end of Reid
Merrill Community Park and East Riverside Drive. The easement area shall be improved with an
access drive, landscape island, and overflow parking for Reid Merrill Community Park, including a
sidewalk from the handicap parking stalls to the Property and a sidewalk segment leading to the
existing pathway in Reid Merrill Community Park, as shown on Exhibit C (attached hereto) prior to
the issuance of an occupancy permit. Maintenance of the improvements within the easement area
shall be conducted by Owner. Owner may petition the City for a shared maintenance agreement which
addresses maintenance of the overflow parking area. Any maintenance agreement shall be approved
by the City Council. A revised site plan showing the improvements required herein shall be provided
prior to execution of the development agreement.
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3.15 Upon completion of the improvements required herein, Owner shall replace the fence located west
of the access easement area prior to the issuance of an occupancy permit. The style of the fence shall
be reviewed and approved by the Design Review Board prior to installation.
3.16 Owner shall provide a maintenance access for the City of Eagle (for maintenance of the greenbelt
pathway), from Riverside Drive to the paved greenbelt pathway along the Boise River as required in
the Eagle Comprehensive Plan. The configuration of the access through the Property shall be
reviewed and approved by the Eagle Parks and Pathway Development Committee, the Design Review
Board, and City Council prior to the issuance of a zoning certificate.
3.17 City of Eagle approvals shall be subject to any FEMA and Eagle City Code Title 10, Flood Control
requirements.
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 B) 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 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 and in accordance with the notice and hearing
provisions of Idaho code Section 67-6509.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
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 commitments contained in this Development Agreement,
including reasonable attorneys' fees and court costs.
5.3 In the event this Development Agreement is terminated pursuant to this Article V, 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
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 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 (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 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 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 portion of the Property sold arising under this Development 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 Development 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 m 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 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
Riverside SR Development Company, LLC
c/o The Wolff Company II, LLC
6710 E. Camelback Road Suite 100
Scottsdale, AZ 85251
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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.
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 Owner an estimate
for the anticipated attorney fees and engineering fees associated with this Development Agreement. 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 Development Agreement. Thereafter, Eagle shall bill Owner
for such fees, adjusting the estimates as appropriate. Owner shall make payments for such fees as incurred
by Eagle and as invoiced to 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 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 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),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 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 Development Agreement by both parties.
8.9 Authority to Enter Into Agreement. By the execution and delivery of this Development 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
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corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this
Development Agreement and so bind their respective parties.
8.10 Counterparts. This Development Agreement may be executed in two or more counterparts, each of
which shall be deemed an original but all of which shall constitute one and the same document.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
P
DATED this f- ' day of 4 L ij , 2017.
EAGLE:
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
of Idaho
By:
i�
Stan Ridgeway, Mayor
OWNER:
RIVERSIDE SR DEVELOPMENT COMPANY,
LLC, a Delaw e 1 J 'ted 1' . • ility � pany
By:
H. Curtiss'Keller, ecretary
ATTEST: .•`, OF E ,,'•.
eo•s'1.,..•••:;,C�
G,oSlpORq
Sharon . Bergmann, City Clerk
. •V
*S �•� :*:
: SEAL,;
•
STATE OF ARIZONA ) ‘'•.,�'4,1E,,,F;QP•.•'`•
) ss.
County of Maricopa )
On this 2,2.42' day of Y►rl cu -c. -h , 2017, before me, the undersigned, a Notary
Public in and for said State, personally appeared H. CURTIS KELLER, known or identified to be the
Secretary of Riverside SR Development Company, LLC, the limited liability company that executed the
instrument, or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
year
n
IN WITNESS WHEREOF, I have hereunto s
TERESA ORPET
Notary Public - Arizona
Maricopa County
My Comm. Expires Dec 17. 2017
my hand and affixed my official seal the day and
7e-ao1-'
Notary Public Lor !4ri Z.ora,
Residing at: Hier/1i u
My Commission Expires: _a.- I -1
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EXHIBIT A
Legal Description of Property
A parcel of land lying in Government Lot 3 of Section 16, Township 4 North, Range 1 East, Boise Meridian,
Ada County, Idaho, more particularly described as follows:
Commencing at the Northeast corner of Government Lot 3 (center -North 1/16 corner) of Section 16,
Township 4 North, Range 1 East, Boise Meridian; thence South 00°46'13" West, 190.95 feet along the East
line of Government Lot 3 to the REAL POINT OF BEGINNING of this description; thence continuing
South 00°46'13" West, 457.41 feet along the East line of Government Lot 3 to a point; thence South
67°44'36" West, 421.41 feet to a point; thence South 83°11'50" West, 93.00 feet to a point; thence North
01°38'17" West, 23.28 feet to a point; thence North 00°59'44" East, 471.87 feet to a point; thence North
43°15'18" East, 103.60 feet to a point; thence North 66°24'04" East, 137. 93 feet to a point; thence North
89°32'44" East, 283.60 feet to the REAL POINT OF BEGINNING of this description.
TOGETHER WITH any ingress/egress easement rights that are appurtenant thereto as noted and
dedicated on the plat of Mixed Use Subdivision - No. 1, according to the official plat thereof, filed In
Book 83 of Plats at Page(s) 9068 through 9072, records of Ada County, Idaho.
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EXHIBIT "B"
Affidavit of H. CURTIS KELLER on behalf of Riverside SR Development Company, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF ARIZONA
) ss.
County of Maricopa
H. CURTIS KELLER, who being first duly sworn under oath, deposes and says:
1. I am H. CURTIS KELLER, who is the Secretary of Riverside SR Development Company,
LLC, whose mailing address is 6710 E. Camelback Road, Suite 100, Scottsdale, AZ, 85251
("Riverside SR Development Company, LLC").
2. Riverside SR Development Company, LLC, is the fee simple owner of the parcel of real
property described on Exhibit 1, attached hereto (the "Property").
3. Riverside SR Development Company, LLC, authorizes the submission of the Property to
certain Development Agreement pursuant to the provisions set forth in Maho Code Section
67-6511A and Eagle City Code Section 8-10-1 dated the 7 day ofZf1 1 , 2017
by and between the City of Eagle, a municipal corporation in the State of Idaho, and H.
Curtis Keller, Riverside SR Development Company, LLC. (the "Agreement").
DATED this i 7. day of �� �' Gh+ , 2017.
By: Riverside SR Development Company, LLC
By:
(L(
H. Curtis Keller, Secretary
SUBSCRIBED AND SWORN to before me thisZ2'day of 01,04-01,‘ 1v1 , 2017.
a
TERESA ORPET
Notary Public - Arizona
Maricopa County
My Comm. Expires Dec 17, 2017
▪ Notary Public for Arizona
• Residing at P`1Dv
My Commission expires 12.
eatiema—
illi
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