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Development Agreement - 2000 - Spring Creek/ Longson - 10/17/2000 Recording Requested By ançl When Recorded Return tJ~tA -2 PM 3: 02 .ADA COUNTY RECORDER J. OAViJ ¡,¡t.YARRO F,t¡¡'.~i~,'i:/HrJ RECORDf' REQUEST OF FE '{)"'" ~ 10100032J . Planning and Zoning Administrator City of Eagle P.O. Box 477 Eagle, Idaho 83616 RECEIVED & FILED CITY OF EAGLE .I.AN n Î ZnO1 F;I.: Route to: For Recording Purposes Do Not Write Above This Line 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"), by and through its Mayor, and SPRING CREEK ASSOCIATES, LLC, AND LEE AND LEEANN LONGS ON, ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 653 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-6-00; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential four dwelling units per acre maximum); and , WHEREAS, the Applicant desires a MU-DA (Mixed Use with Development Agreement) zoning classification for development of high density residential units and an assisted living facility on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Property lies within the area referenced in the City of Eagle 2000 Comprehensive Plan Chapter 6 "Land Use", Section 7, "Implementation", paragraph "g" which states, "The mixed use area shown along both sides of Eagle Road between Ranch Drive and Floating Feather Road is to allow development such as higher density residential dwelling units and/or facilities such as senior assisted housing, nursing homes and convalescent homes. Commercial uses in this mixed use area are not permitted." WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that allowing a mixed use zoning designation for the Property must be limited to prevent undue damage to, and to othelWise be in harmony with the Comprehensive Plan and the Page 1 of 8 \\EAGŒNTl\COMMON\Planning Dept\Eagle AppIications\SUBS\2000\Spring Creek III da cc version final.doc ---- ---------- - ---- ------- --------------- existing community~ and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant'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 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 MU-DA (Mixed Use with Development Agreement) zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10- I(C)(1); and WHEREFORE, the 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 MU-DA (Mixed Use with Development Agreement) 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. AR TI CLE II CONDITIONS OF DEVELOPMENT 2.1 The Property shall be developed with residential units and an assisted living facility generally as shown on the attached Concept Plan (Exhibit "B"). 2.2 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 Eagle as a part of the Design Review. 2.3 Finished floor elevations shall be 2-feet above the existing grade at the pond level. 2.4 The development shall comply with the Eagle City Code, as it exists in final fonn at the time an Page 2 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc application is made and the conditions within this agreement shall be satisfied. ARTICLE ill AFFlDA VIT 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 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 the R-4 (Residential four dwelling units per acre) zoning designation unless the portion of this instrument determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant (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 ASSIGNMENT AND TRANSFER Page 3 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc 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 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 VII GENERAL MA TIERS 7.1 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. 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 neuter 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 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. 7.4 Legal Representation. Both the Applicant and Eagle have been represented by legal counsel in negotiating this Development Agreement. 7.5 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: Planning and Zoning Administrator Page 4 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc City of Eagle 310 E. State St. Eagle, Idaho 83616 Owners: Spring Creek Associates, LLc. 425 S. Spring Creek Drive Soda Springs, ill. 83276 Lee and Leeann Longson 3497 Roll Drive Eagle, ill. 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. 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. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this fl- day of ~, 2000. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: \t,~~fU'rtl ATTEST' "..,- ,.., r. J1"J . ~" . .." .,1 tJ J.c .1..:, /' . ,'~ \ (\ \ J ~ ., ..~c~ ~ ,.-. '" i" -.¡ 0 \"'. " ~ ~I. - f--. (~ .7 ¡;,'c),;""<.^, c' ,\" Sharo;'Moore, City Cle;k :7 :""0 "'0 - ,~c:,:, ¡ DATED this n dayof~,2000c \,;c c ,,'} "¡~'" :" . : . . " ,>.:¡ "'~';"'-.:;.~-»_:. ----,- Page 5 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc STATEOFIDAHO ) : ss. County of Ada) On ilihß-'liay of OcJ. , 2000, 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 ac ed to me that said City executed the same. ~ ß. O~ Residing at: My Commission Expires: : ss. County of Ada) On this ~ day of -De (!.II.Þ?t>tr,2000, before the undersigned notary public in and for the said state, personally appeared LEE LONGS ON, known or identified to me to be an owner of the property referenced herein, and 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. r'" ---:. '-:~',-:"T7:~~ ." ~',' 'n ..,' " ',',',c'-,:":',',',"'^,':':/'it ,,;y '.'iu':n',~'~ê,(~'::';)",',,;;,i' ~.. "',..~." - ..,,_...<..u P 6 f 8 ' """:::;,,,r:1"".v STATE of Ij T "n age 0... _"L~~'~C,- -"~=~ K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc " ...1.."" ~" 'I, ~..:'ÖßL L~ 8l',,:"." ~. s' .."... <7. ~" ,,~... ".~~ ~.. .. ~ II -,-OT Alf h.. ': ...~ ~... .. . . .. : * : -.- : * æ ... ,.. . .. ... V'" ~ .. .PUB\..\ I :: ~ iF .. .. 0 :: ~ .;. .. .. ¿~ ~ ~ ~ '), ........ .....'\... ~ ~" .~ ~ 'b 1'("\ V 1i.'Ii ~##, ~ OF ).Y ,..." I,!.... "~I STATE OF IDAtl~"'" : ss. Notary Public or Idaho Residing at: My Commission Expires: County of Ada) On thi~ day of Dtc... , 2000, before the undersigned notary public in and for the said state, personally appeared LEEANN LONGSON, known or identified to me to be an owner of the property referenced herein, and 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. """""'" ~.., L "~- ~...." r..ß~ . 8l -"~" ~ +\,,1.""....~.p W4! ~"'.. ". ~ :-,,-- -.. ~ :: I -,--OT A~ r. ~ E : ~ \ ': .. . _.- . * .. -*. . .. :. G:: ~ .. PUB\..\. I ..:: ... . ~ iF .. - C .: V~... ¿.....~ i' ST Al"J1# ~~'f)J1V"Ii II." ,.." ""~UIIO"'" : ss. County of Ada) On this 4- day of tJDV. ,2000, before the undersigned notary public in and for the said state, personally appeared DOUG CLEGG, Member Spring Creek Associates LLc., known or identified to me to be an owner of the property referenced herein, and 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. ,......" - ~.., 'If" ,~()ßL L. 8l ~~~##. , ~r..'" ~~ , '1 I -,--OT A.. \ '\ .. 8 r ~r. : .. . . .. : * 8' -.- . * : .. . .. ..... r... '\ -.. .t""UB\..\'V ¡ I ~ iP.;. .. .. 0 .: ~, -1 ;:..........,~'Ÿ ~-~ ST ATE OF~~Aa¡: \~........, ~"I~' : ss. County of Ada) Page 7 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version final.doc On this L day of ,);tIl/D!1iM , 2000, before the undersigned notary public in and for the said state, personally appeared PHILIP CLEGG, Member Spring Creek Associates LLC., known or identified to me to be an owner of the property referenced herein, and 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. ~~ / .k¡LI<L Notary Public for Idttho a fa . L Residing at: ¿( /11)1 ~~ - My Commission Expires: OCYÓ/-¿ðð2- ""'~~"'" (~~O"~~ MARDENEBOREN l ~~~ M VTAflfP/J8LIC'SU.TEOfUTAIf ~ ,.¡: 5285 W. 11000 N ~, ,'Ç.J HIGHLAND, UT. 84Ô03 ~.. - .. COMM. EXP, 5.1-2002 -'-----1',' "'." ..," Page 8 of 8 K:\Planning Dept\Eagle Applications\SUBS\2000\Spring Creek III da cc version fina\.doc 8 ~rrt .,. )( ., :¡: . .:: ¥ V' .. - -( ill ~ ~ l}~~ oo~oœooo ~ ~ .':i i ! ¡ il I ~ I , I ~ j ! ~ lEt I æ Ii ~ I I ~ CI . .. 80 . eO . 0 e 0 0 . 0 unWi'" III! II I r 'f n I . ~ I r t :el!::I I'IanRJd~ ~r¡Dft8Y-ni ~ R8wI L. - NIl. AtdIIt.oct t ,~ RIll 1!1!5 000II0NI - u. ,. ~. 11 ..=~~-- r AVW 3-'0\13 .:::10 A.LIQ a311~ ~ a3^1303~ ~1I1f.Þ1T '~ J) ARRHw GPS, BOUNDARY, TOPOGRAPHIC AND A.L.T.A. SURVEYS CONSTRUCTION STAKING Engineering & Surveying 222 E. State Street >- Suite B >- Eagle. Idaho 83616 >- office: 1-208-939-7373 >- fax: 1-208-939-7321 Job No. 00839 5-17-00 D.R.L. LEGAL DESCRIPTION FOR SPRING CREEK ill DEVELOPMENT REZONE A portion of the Northeast 1/4 of Section 8, Township 4 North, Range 1 East of the Boise Meridian described as follows: Commencing at the Northeast corner of Section 8, Township 4 North, Range 1 East of the Boise Meridian and running thence S 1 °03 '3 2" W 1105.69 feet along the East line of said section to the POINT OF BEGINNING; thence S 1°03'32" W 528.00 feet along said East line; thence N 89°17'34" W 412.50 feet; thence N 1 °03'32" E 528.00 feet; thence S 89°17'34" E 412.50 feet to the point of beginning. The above described parcel contains 5.00 acres. RECEIVED & FILED CITY OF EAGLE OCT 1 2 2000 Fa.: Route to: