Development Agreement - 2001 - 209 S Eagle Rd - 8/25/2001
Recording Requested By and
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"ECORDED - REQUEST OF
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101092185
Planning and Zoning Administrator
City of Eagle
P.O. Box~ 15.30
Eagle, Idaho 83616
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 ofIdaho ("Eagle"), by and
through its Mayor, and J Bar K & Associates, Inc. ("Applicant").
WHEREAS, the Applicant is the owner ofrecord of certain real estate located at 209 S.
Eagle Road, Eagle, Idaho, ("Property"), as shown on Exhibit "A" and as specifically defined in
the attached legal description (Exhibit B) which is the subject of an application for Rezone
identified as Rezone Application No. RZ-16-00; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-4 (Residential); and
WHEREAS, the Applicant desires a CBD (Central Business District) zoning
classification to develop a commercial office 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 office 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
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 CBD-DA zoning
designation for the Property with the requirements set forth in this Development Agreement; and
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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-
l(C)(l); 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 CBD-DA zoning designation, after recordation of,
and subject to the provisions o£this Development Agreement. The ordinance will become
effective after its passage, approval, and pnblication and the execution and recordation ofthis
Development Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 The owner shall submit a Design Review applicatiou 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 certificate of occupancy.
2.2 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.
2.3 The owner shall suhmit a recorded cross access easemeut for the abutting parcels to the north
and south, located in the western two-thirds of this property, prior to issuance of a certificate
of occupancy.
2.4 The owner shaH comply with all conditions of the Ada County Highway District as stated
within report of November 29, 2000.
2.5 The existing building shall be connected to Eagle Water Company, Inc. prior to the issuance
of a Certificate of Occupancy.
2.6 The owner shall comply with all rules, regalalions, and ordinances of the City of Eagle prior
to the issuance of a Certificate of Occupancy.
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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 67-6511 A 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 ofthis 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 Residential (R-4) 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 ofldaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
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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 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 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 Reoresentation. 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 ofthis 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:
Planning and Zoning Administrator
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
J Bar K & Associates
Attn: James Band
82 E. State Street, Suite E
Eagle, ID 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 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 2~-n+ day of Au.bl1S/,2001.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
ATTEST:
J ~~~ 'L ;nq ~
Sharon oore, City Clerk
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STATE OF IDAHO)
: ss.
County of Ada)
On this~ay of ~ ,2001, before the undersigned notary pnblic in and
for the said state, personally ap eared 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.
e hereunto set my hand and seal the day and year first
STATE OF IDAHO)
: ss.
County of Ada)
for the ~d ~=t*e::~:l~ ~þ;1,::;l;...;.~Ol~d~ ~~:~:~ir;e:~i~~"70 ~~~: ~~ ::
owners of the property referenced herein. and the persons who executed the foregoing
instrument.
fJJ~ &;W L(
Notary Public for Idaho
Residing at: ~ia/
My Commission Expires: C; -¿ 7 -() 7
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