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Development Agreement - 2018 - Storage 55 - 4/4/2018Recording 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 2018-070169 BOISE IDAHO Pgs=9 USA BATT 07127/2018 08:53 AM EAGLE CITY NO FEE 11111111 1111 lIlIlIlI101Il 1111111111 IIII 1111 11111 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 Storage 55, LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located at 2871 East Hill Road and adjacent unaddressed parcel #S0510449175, 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-02-17 and WHEREAS, the proposed development includes properties within an area currently zoned A -R (Agricultural -Residential) and WHEREAS, the Owner desires a BP -DA (Business Park with a development agreement) zoning classification to develop an enclosed storage 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 enclosed storage 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 agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and Page 1 of 6 K:U'lanning lhptli:agk Applic.tioaAR7.&A'20171RZ-02.I7 Storage 55 11 cc tni wraon.doct WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1(C)(1); 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 the Business Park District (BP -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 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. 3.2 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. 3.3 Storage (enclosed building) is the only approved use for the Property. Any change of use will require a modification to this Development Agreement prior to the change of use. 3.4 Owner shall remove the residence and all accessory structures from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said buildings. 3.5 Provided that vehicles (RVs, trailers, automobiles, etc.) are stored within enclosed garages, the facility is permitted to store said vehicles in excess of the maximum 20% allowed by Eagle City Code. Page 2 of 6 C:\UserslUser\Downloads\RZ-02-17 Storage 55 da cc fnl version.docx 3.6 The driveway providing access to East Hill Road approximately thirty -feet (30') west of the eastern boundary shall be used for emergency access only by securing the access with a wrought iron gate. Owner shall provide written approval from the Eagle Fire Department of the design and function of the emergency access point and gate prior to installation of the gate. 3.7 Landscape buffering and siting of the self -storage facility shall be designed to mitigate the effects of the development on adjacent residences. All new construction shall be setback from the eastern and southern property lines a minimum often -feet (10') and those setback areas shall be landscaped with dense plant material to be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 3.8 Owner shall construct a five-foot (5') wide meandering concrete sidewalk along East Hill Road abutting the northern property boundary of the site prior to the issuance of a zoning certificate. 3.9 Owner shall install landscaping between the sidewalk and edge of pavement along East Hill Road to extend within 9 -feet from the edge of pavement. The nine -feet (9') between the landscaping and edge of pavement (along the entire frontage of this site) shall be improved with 3/4 minus gravel (or approved equivalent) and graded in accordance with the requirements of ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris in perpetuity. 3.10 Owner shall provide a recorded cross -access agreement to provide access to the Property from the adjoining property to the west (2835 East Hill Road) prior to the issuance of a zoning certificate. 3.11 The building elevations (Exhibit C) consisting of a "Prairie School" style of architecture represents the Owner's current concept for the project and are subject to change at the discretion of the Design Review Board. Owner shall submit a design review application for the proposed buildings (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board and/or City Council prior to the issuance of a zoning certificate. 3.12 Owner shall submit a design review application to be reviewed and approved by the Design Review Board prior to the issuance of any building permits. 3.13 The 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 a building permit for this site. 3.14 Owner shall contract a Professional Land Surveyor to stake the southern property line of the Property prior to the submittal of a design review application for the site. Owner shall provide documentation showing the location of the stakes in relation to the existing fence located on the Property prior to the issuance of any building permits for the site. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to the provisions set forth in Idaho Code Section 67-651 IA 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 Page 3 of 6 C:IUserslUserlDownloads\RZ-02-17 Storage 55 da cc fnl version.docx 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 any term, provision, commitment, or restriction of this Development Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall terminate and the zoning of the property shall revert to the A -R (Agricultural -Residential) zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re -negotiated in good faith between the Owner (or other appropriate party) and Eagle as an amendment to the Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 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 Owners (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 otherwise) shall be 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. Page 4 of 6 C:1UserslUserlDownloads\RZ-02-17 Storage 55 da cc fnl version.docx 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 Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 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: Storage 55, LLC 2835 East Hill Road 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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.7 Termination. This agreement terminates upon completion of Conditions of Development or after ?- years after the Effective Date, whichever occurs first. 8.8 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. Page 5 of 6 C:IUserslUscrlDownloads\RZ-02-17 Storage 55 da cc fnl version.docx Sharon K. Bergmann, City Clet(� STATE OF IDAHO : ss. County of Ada CFEY OF EAGLE, a municipal corporation organized and exisii under theirs ofXtle State of Idaho By: Stan Ridgeway, Mayor Owner: STORAGE 55, LLC An Idaho limited liability company By: Jeffery A. ver On this yay of , 2018, before the undersigned notary public in and for the said state, personally appea ed JEFFERY A. MOWER known or identified to me to be the owners of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and se1 the day and year first above _ a _ ` - LAUREN HELLICKSON Notary Public State of Idaho nary Public for Idaho esiding at: NOJyyl , �� My Commission Expires: til r j'Q Page 6 of 6 C \Users\User\Downloads\RZ-02-17 Storage 55 da cc rnl version.docx 2' of IOSPO oistA bow rono HErratem 1.. EXHIBIT "A" Parcel 1 A tract of land in the Southeast Quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian; thence North along the East line of Section 10, a distance of 52 feet to a point; thence North 69°30' West along the Southerly right of way of Hill Road, a distance of 692.8 feet to the POINT OF BEGINNING; thence due South parallel with the East Section line of Section 10, a distance of 294.82 feet to a point on the South line of Section 10; thence due East along the South line of Section 10, 165.03 feet to a point; thence due North parallel with the East line of Section 10, a distance of 233.11 feet to a point on the Southerly right of way of Hill Road; thence North 69°30' West along the Southerly right of way of Hill Road a distance of 176.19 feet to the REAL POINT OF BEGINNING. Parcel 2 A tract (Aland in the Southeast Quarter of Section 10, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of Section 10, Township 4 North, Range 1 East, Boise Meridian; thence North along the East line of Section 10 a distance of 52 feet to a point; thence North 69°30' West along the Southerly right of way of Hill Road, a distance of 692.8 feet to the POINT OF BEGINNING; thence continuing North 69°30' West along the Southerly right of way of Hill Road, a distance of 145.2 feet to a point; thence due South parallel with the East line of Section 10, a distance of 345.67 feet to a point on the South line of Section 10; thence due East along the South line of Section 10, 136.02 feet to a point; thence due North parallel with the East line of Section 10, a distance of 294.8 feet to the REAL POINT OF BEGINNING. Stewart Title of Boise. Inc File Number: 7054562 Warranty Dccd - (Individual) Page 2 of 2 -- EXHIBIT B --y 'LED utt, 3 1 Lu07 I 1. '....li 1, (-)( / i ! Ns • • 71/ / ! : — • ' 4 i.,-. 7 .1:, : -::,, ... .: .:. . .1 -'!e -_L. ,-; -7-'.NT:L- ?1\ ,..-...1 A.1!.4 • /. i-,k..f.; ----------,--i-::...;.:.a..-...._L..- 7-- •• - \ i -- ‘ .: .. : -.1-1 . File. Route to: RECEIVED & FILED CITY OF EAGLE MAR b 2007 Route to: 71/4 '41A411**On -:;%/\v, :-.- , , . i ; . .. ‘ 4114.„/ • 4.1 / — 0 • . • 11 /7, IT,.:77--.egkri, er, 1,,V1 .11 i •;=, 4 , . _ . H. • ci s EXHIBIT C .LJ FiEdgi\/ED & FILED DEC 3 1 2007 CP -v OF EAGLE File: 1 Route to: 2 141.2. VAR 0 6 2007 File. Route to•