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Development Agreement - 1998 - Eagle Gravel 1998 (Eagle Pavilion) - 10/28/1998 , , Recording Requested By and When Recorded Return to: r7iËëE/VED & FILED C 'TV OF EAGLE Mark Butler - Planning and Zoning Administrator City of Eagle P.O. Box 477 Eagle, Idaho 83616 Nav 1 9 1998 File: Route to: For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into thi~y of ~ 1998, by and between the City of Eagle, a municipal cotporation in the State of Idabo ("Eagle"), by and through its Mayor, and Eagle Gravel, Inc. (Property Owner). WHEREAS, the Applicant is the owner of record of certain real estate located at the northeast comer of Eagle Road and State Highway 44, Eagle, Idaho, ("Property"), as specifically defined in the attacbed legal description (Exhibit A) whicb is the subject of au application for rezone, identified as Rezone Application No. RZ-5-98; and WHEREAS, the Proposed development includes properties within au area currently zoned A (agricultural); and WHEREAS, the Applicant desires a CBD (Central Business District) zoning classification to develop a connnerciaI 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 Proper1y must be limited to prevent undue damage to, and to otherwise be in hannony with, the existing connnunity; and WHEREAS, the intent of this DeveJopment Agreement is to protect the rights of Applicant's use and enjoyment of the Property while at the same time linriting 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 Page 1 o£1 H:\P&Z\EagIe AppIications\RZ&A\1998\RZ-5-98 da cc.doc ----------------- - ------------------------- ---- ---- ------~- WHEREAS, the Applicant 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 (Central Business District) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the owner of the Property has previously provided Eagle with an affidavit agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-1O-1(C)(1); and WHEREFORE, Applicant 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 1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to a CBD (Central Business District) zoning designation, 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 II CONDITIONS OF DEVELOPMENT 2.1 The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by the City as a part of the Design Review prior to issuance of a certificate of occupancy. 2.2 The development shall comply with the Zoning Code, as it exists in final form at the time an application is made and the conditions within this agreement shall be satisfied. 2.3 All development within area of the Property which is within the 100 year floodplain shall have finished floor level of all buildings which are at least two (2) feet above the Federal Emergency Management Association Base Flood Elevation (BFE). 2.4 City approvals shall be subject to the revised study for the Boise River floodplain currently underway by FEMA. (This section applies to applications submitted after the study is complete.) 2.5 Provide an on-site tree lined landscaped strip to be an average of 35-feet in width along State Page 2 of? H:\P&Z\Eagle Applications\RZ&A\1998\RZ-S-98 da cc.doc - ~-- "-"~"--- -------------------- ~-- Highway 44 and a minimum 28,000-square foot on-site landscaped area (with trees and other improvements such as shrubs, flowers, drinking water fountain, benches etc. as may be recommended by the Design Review Board and approved by the City Council) with parking to be permitted generally as shown on the colored rendering submitted to the Commission on August 3, 1998) at the comer of State Highway 44 and Eagle Road. Buildings within the 28,000-square foot on-site landscaped area shall be prohibited. Landscaping/intersection entry enhancement plan shall be reviewed by the Design Review Board with final approval to be by the City Council. 2.6 Construct a lO-foot wide bicycle/pedestrian pathway (within the 35-foot wide landscape strip noted above) along State Highway 44 from Eagle Road to the east-most end of the property. 2.7 A public easement for the greenbelt pathway along State Highway 44 shall be provided. The specific location and design of the pathway shall be reviewed and approved by the City Council and Design Review Board. 2.8 Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between this site and the edge of pavement along State Highway 44 and Eagle Road to be landscaped and landscape said area. 2.9 The proposed access point at the south end of Second Street shall be designed to make it clear to motorists that they are entering a commercial development and that the road has ended. This can be accomplished with features such as entry landscaping and a landscaped center island between the inbound and outbound lanes. 2.10 Provide the City with a letter of approval from Albertson's Corporation regarding the second access point through the Albertson's parcel. If a letter cannot be obtained City Council may consider waiving this requirement if requested by the Applicant. ARTICLE III AFFIDAVIT OF PROPERTY OWNERS 3.1 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 67-6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Applicant fails to comply with the commitments set forth herein, within Page 3 of 7 H:\P&Z\Eagle Applications\RZ&A\1998\RZ-S-98 da cc.doc --~-~---~------~--~-------~ --~----------- --- 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. 4.2 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. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 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 R-4 as set forth in the above Article. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each commitment and restriction on the commercial/office development shall be a burden on the Property, shall be appurtenant to and for the benefit ofthe 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 VII GENERAL MATTERS Page 4 of? H:\P&Z\Eagle Applications\RZ&A\1998\RZ-5-98 da cc.doc 7.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions ofIdaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 7.2 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 neutral gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws ofthe State ofIdaho 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. 7.4 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: Mark Butler Planning and Zoning Administrator City of Eagle 310 E. State St. Eagle, Idaho 83616 Owner: Eagle Gravel, Inc. Dan Hardee 6477 Fairview Avenue Boise, Idaho 83704 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. 7.5 Effective Date. This Development Agreement shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement. Page 5 of7 H:\P&Z\Eagle Applications\RZ&A \1998\RZ-5-98 da cc.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED thi~m day of ~ 1998. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ATTEST: ~~~,L-Ql Sharoft Smith, City Clerk DATED this d~~yof ~ ,1998. By~~4r~ Eagle Gravel, Inc. (Owner's) STATE OF IDAHO) : ss. County of Ada) On thi~day of~, 1998, before the undersigned notary public in and for the said state, personally appeared RICK YZAGUIRRE, 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 WHEREOF, I have hereunto set my hand and seal the day and year first above written. Æ~~lL~ Notary Public for Idaho I (ì Residing at:j~. J::cY My Commission Expires: 4 --/tl-o.::z.. Page 6 of? H:\P&Z\Eagle Applications\RZ&A \ 1 998\RZ-5-98 da cc.doc STATE OF IDAHO) : ss. County of Ada) On this J f ~ of ~ ' 1997 before the undersigned notary public in and for the said state, personally appeared ~Q ~known or identified to me to be the owners of the property referenced herein. an the persons who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ~~~~ Notary Public t¿dahO - Residing at:- ~-^-->CIO .J:#c My Commission Expires: <6 J D~ Page 7 of7 H:\P&Z\Eagle Applications\RZ&A \1998\RZ-5-98 da cc.doc