Development Agreement - 2018 - Syringa - 8/1/2018Recording 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 2018-084512
BOISE IDAHO Pgs=10 VICTORIA BAILEY 09/06/2018 11:03 AM
EAGLE CITY NO FEE
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00539289201800845120100102
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 Syringa Construction LLC. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 2177 E. Dunyon
Street, 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-03-18; and
WHEREAS, the proposed development includes properties within an area currently zoned MU
(Mixed Use); and
WHEREAS, the Owner desires a MU -DA (Mixed Use with 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 light industrial/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 MU -DA (Mixed Use with Development
Agreement) zoning designation for the Property with the requirements set forth in this Development
Agreement; and
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WHEREAS, the 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; 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 MU -DA District (Mixed Use with Development Agreement), after recordation
of, and subject to the provisions of this Development Agreement. The ordinance will become effective
after its passage, approval, and publication and the execution and recordation of this Development
Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code)
and shall comply with all conditions required by Eagle as a part of the Design Review prior to
issuance of a building permit.
3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur or be required. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing shall
be held on any proposed changes in the Concept Plan and notice shall be provided as may be
required by the City.
3.4 Maximum lot coverage shall be 60 percent.
3.5 Boundary side yard setbacks shall be 5 -feet minimum
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3.6 Permitted uses:
Art Studio
Catering service
Communication facilities
Electronic sales, service, or repair shop
Flex space
Home and business services
Horticulture
Industry Custom and Limited
Industry Research and Development
Microbrewery
Personal improvement
Personal services
Personal wireless facilities (enclosed building, height - 35' or less)
Photographic studio
Printing and/or blueprinting
Professional activities
Research Activities
Retail sales (general)
Retail sales (limited)
Small engine repair (mower, chain saws, etc.)
Storage (enclosed building)
Travel services
Upholstery shop
Winery
The uses shall be conducted within the interior of the building and no outdoor storage of materials
or equipment shall be permitted.
3.7 Parking shall be in conformance with Eagle City Code, Title 8: Off Street Parking and Loading.
3.8 Owner shall obtain a demolition permit and remove all structures from the Property prior to issuance
of a building permit.
3.9 Owner shall provide a solid privacy fence located adjacent to the property located to the west and
remove the chain link fence located adjacent to the property to the east. The style of the solid privacy
fence shall be in conformance with Eagle City Code. The solid privacy fence shall be reviewed and
approved by the Design Review Board and City Council prior to installation.
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.
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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.
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.
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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
Owner:
Syringa Construction, LLC
Attn: Steven J. Hanson
1782 East State Street
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
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
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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 terns 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.
8.9Authority 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. ��JJ_ II
DATED this / day of445r , 2018.
A t EST:
Laron K.:ergmann. City Clerk
CITY OF EAGLE, a municipal corporation organized
and existing under tlae.aws gf7the State of Idaho
By:
Stan Ridgeway, Mayor v
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STATE OF IDAHO
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Owner: S
By
St ''son, Manager
County of Ada )
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On this. Sday of )1..L , 2018, before the undersigned notary public in and for
the said state, personally appeared Stev n J. Hanson, known or identified to me to be the Manager of
Syringa Construction. LLC, owner of the property referenced herein and the persons who executed the
foregoing instrument.
written.
IN WITNESS WHEREOF, 1 have hereunto rmy hanta d seal the day and year first above
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 10 and 11, Block 1, of Randall Acres Subdivision No. 15, according to the official plat thereof, filed
in Book 16 of Plats at Page(s) 1040, and as Amended by an Affidavit recorded June 20, 1960 as
instrument No. 481560, official records of Ada County, Idaho.
EXHIBIT "B"
Affidavit of STEVEN J. HANSON on behalf of Syringa Construction, LLC
STATE OF IDAHO
County of Ada
AFFIDAVIT OF LEGAL INTEREST
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STEVEN J. HANSON, who being first duly sworn under oath, deposes and says:
1. 1 am STEVEN .1. HANSON. who is a Manager of Syringa Construction, LLC. whose mailing
address is 1782 East State Street. Eagle. Idaho 83616 ("Syringa Construction, LLC").
Syringa Construction. LLC. is the fee simple owner of the parcel of real property described
on Exhibit A. attached hereto (the "Property").
3. Syringa Construction. LLC, authorizes the submission of the Property to certain
Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-
651 1 and Eagle City Code Section 8-10-1 dated thea( day of DIA-`/ , 2018 by
and between the City of Eagle, a municipal corporation in the State of Idaho, and Steven J.
Hanson, Syringa Construction. LLC. (the "Agreement").
DATED this 31 day of ILL' , 2018.
By: Syringa Constructi
SUBSCRIBED AND SWORN to before m
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CITY OF EAGLE
APR 1 9 2018
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