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Development Agreement - 2001 - 544 N. Eagle Rd./Mercy Housing - 5/24/2001 Recording Requested By and When Recorded Return to: 2001 IN 20 AM 8: 38 - .t,RDED. REOUES T OF FEET;E~ 'if 101060190 ADA COUNTY RECORDER J. DÀ\J)û ~~"~R\\iJ nrW3F. ¡[lM!O Planning and Zoning Administrator City of Eagle P.O. Box 1520 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 of Idaho ("Eagle"), by and through its Mayor, and Mercy Housing Idaho, Inc. (Property Owner). WHEREAS, the Applicant has an agreement on record to make application on behalf of the owner of record of certain real estate located at 544 N. Eagle Road, Eagle, Idaho ("Property"), which is the subject of an application for rezone in Eagle, identified as Rezone Application No. RZ-8-00; and WHEREAS, the proposed development includes properties within an area currently zoned R-4; and WHEREAS, the Applicant desires to develop a multi-family residential use specifically for housing for older persons on the above-described parcel, 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 multi-family residential project upon the Property must be limited to prevent undue damage and to otherwise be in hannony with existing development; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any multi-family residential project upon the Property must be limited to be in conformance with the Comprehensive Plan; and WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's use and enjoyment of the Property for the purpose of developing multi-family residences while at the same time limiting the adverse impacts of the development upon residential property owners near the Property and ensuring the Property is developed in a manner Page 1 of 6 \\EAGLENT1\COMMON\Plaruling D<ptlEagle Appticatious\RZ&A\2000\RZ-08-00 da cc version.doc consistent with Eagle's Comprehensive Plan; 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 MU-DA-P (Mixed Use with development agreement and PUD) 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 IT CONDITIONS OF DEVELOPMENT 2.1 The development of the site shall be specifically limited to those residential uses listed in Eagle City Code Section 8-2-3. All non-residential uses shall be prohibited (with the exception of the operation and maintenance necessary for the running of the community center within the development). 2.2 The owner shall submit a Planned Unit Development (PUD) application for the site (in accordance with Eagle City Code), and shall comply with all conditions required by Eagle as a part of the pUD 2.3 The owner shall submit a Design Review application for the site (as required by Eagle City Code), and shall comply with all conditions required by Eagle as part of the Design Review. 2.4 The development shall comply with the Zoning Code, as it exists in final fonn at the time an improvement is made and the conditions within this agreement shall be satisfied. 2.5 This development shall comply with the requirements of the Federal Fair Housing Act, its amendments and regulations. Under fair housing guidelines, principal residents will be seniors, however, they may have a household member who is not a senior. 2.6 This development shall be restricted to no more than 61-dwelling units. The development will include community space and offices referenc~d in #2 above for use by senior residents. Page 2 of 6 \\EAGLENTIICOMMONIPlwming Dept\Eag1e ApplicationslRZ&Al2000IRZ-O8-00 da cc version.doc 2.7 Landscape buffering and siting of the dwelling units shall mitigate the effects of the development on adjacent homeowners. ARTICLE ill 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 N 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 tenninate 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 the owner fails to obtain funding for the project described herein, the owner agrees to provide Eagle notice of the failure to obtain such funding within thirty (30) days after all desired funding applications have been exhausted by the owner and owner agrees the property zoning will automatically revert to R-4 and owner will cooperate with Eagle as needed to complete the zoning reversion. 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. Page 3 of 6 \\EAGLENT1ICOMMON\Planning DeptlEagle ApplicationsIRZ&AI2000IRZ-O8-00 da cc version. doc 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 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 vn 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 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. 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 Page 4 of 6 \\EAGLENT1\COMMON\Planning DeptlEagle ApplicationslRZ&A\2OOO1RZ-O8-00 da co version.doc below; Eagle: Planning and Zoning Administrator City of Eagle 310 E. State St. Eagle, Idaho 83616 Applicant: Mercy Housing Idaho, Inc. 1512-12th Avenue Nampa, Idaho 83686 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 -M day of ~, 2001. U CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho Y" DATED this $nI day of JcJAltE ,'200l. By: ~ '-Ct/, ~J (I". Mercy using Idaho, Inc. (Owner) Page 5 of 6 \\EAGLENTIICOMMON\P1anning DeptlEagle App1icationsIRZ&AI20001RZ-O8-00 da cc versioo.doc ----- --------- ---------------------- --- STATEOFIDAHO ) : ss. County of Ada) On thiS~ day of f/pn I ,2001, 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. STATE OFIDAHO ) .,' """"""' """/\<~;.' : ss. .,.,~~~ ~:~u~1~:~d~~ '; (~ ('«.. (J ~'ì .¿~;\ ill, day of /~ /<. L , 200 I, before the undersigned notary public in and for : ~. /J ~he s~@ statefpersonally appe-áred 1UA-.f.L.1 ,Pæ..t~JøV~known or identified to me to be the %. cI';.....~~is,~f:ti!.i property referenced herein. and the persons who executed the foregoing ",,<1 r ¿ffðt¡û~~.t/ ',. ..' ""'" "....0' . IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. /ì í ~'cÚ~ ~.¿" Notary Public for Idaho Residing at: /'/u..~/~~ I ::z:c.! My Commission Expi s: 1/- 2 Z - 2-00 ? Page 6 of 6 \\EAGLENTI ICOMMONIPIanning DeptlEagle ApplicationslRZ&Al2000IRZ-O8-00 da cc version.doc ------ ---------