Development Agreement - 2000 - Camille Beckman - 3/21/2000
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Mark Butler - Planning and Zoning Administrator
City of Eagle
P.O. Box 477
Eagle, Idaho 83616
Recording Requested By and
When Recorded Return to:
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into thisJJ $"day of 1/11l-K,C 1-/ , 2000,
by and between the City of Eagle, a municipal corporation in the State ofIdaho ("Eagle"), by and
through its Mayor, and Camille Beckman Corporation "Camille Beckman" Susan and Foad
Roghani . ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located on the south
side of State Highway 44, east of Park Lane extended in Eagle, Idaho, ("Property"), as
specifically defined in the attached legal description (Exhibit B) which is in part the subject of a
City initiated Annexation and Rezone identified as Annexation Application No, A-I-OO and
Zoning Ordinance Amendment Application No. ZOA-I-00; and
WHEREAS, the proposed development includes properties within an area currently
zoned RT (Rural Transitional) in Ada County; and
WHEREAS, the Owner desires a MU (Mixed Use) zoning classification to develop a
mixed use project with uses such as production and packaging, cottage style shops, showrooms,
offices, cafeterias, trucking access/storage/delivery areas, arboretums, greenhouses, art galleries,
tea rooms and conservatories, cottage style living units, bed and breakfast accommodations,
amphitheaters, natural open space areas, pedestrian nature pathways, garden areas and other
similar uses 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
detennined that the scope of any Mixed Use project upon the Property must be limited 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
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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
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 8-1O-1(C)(1); 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
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.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The property uses shall be developed generally as shown on "Exhibit A" " A Concept Plan"
attached hereto as may be conditioned by Eagle.
2.2 The Owner shall submit a PUD (Planned Unit Development) application for the site (to be
processed as outlined within Eagle City Code), and shall comply with all conditions required
by Eagle as a part of the PUD and all uses shown as permitted or shown as requiring a
conditional use permit within Eagle City Code Section 8-2-3 shall be subject to Eagle's
discretion (as to if they will be permitted or prohibited) when reviewing the PUD for the site.
2.3 The Owner shall submit Design Review applications for the site (as required by the Eagle
City Code), and shall comply with all conditions required by Eagle as a part of any Design
Review prior to issuance of a certificate of occupancy.
2.4 Except as may be further restricted herein, the development shall comply with the Eagle City
Code, as it exists in final form at the time an application is made and the conditions within
this agreement shall be satisfied.
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ARTICLE III
AFFIDA VII 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 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.
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.
4.3 If a PUD for the site is not applied for and acted on by the City Council by April 1, 2002, this
instrument shall terminate and the zoning of the property shall revert to an Agricultural
Residential (A-R) zoning designation.
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 an Agricultural Residential (A-R) 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 ofIdaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
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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 ofthe 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 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
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 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 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 Legal Representation. Both the Owner 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;
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Eagle:
Mark Butler
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
Mr. & Mrs. Foad Roghani
2273 Ribier Dr
Meridian, ID 83642
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby 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}/ ~ day of f11McJf ,2000.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
Rick yzagu'
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STATE OF IDAHO)
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County of Ada)
On this -3- day of I/pn 'j , 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 ofthe 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
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County of Ada)
On this ~ day of~ ' 2000, before the undersigned notary public in and
for the said state, personally appeared foaL 'KÐ~h.a.At , known or identified to me to be the
owners 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.
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