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Development Agreement - 2001 - Great Sky Estates #7 - 12/18/2001 Recording Requested By and When Recorded Return to: ~~R ECOROED - R:OWKOt , , c. ~:'d~ ~ÞWRO 'fJ\fÞ FE~< ~ ~ ZUOI DE I 9 P/1 I: I 5 0 I ; 3 4 ~ 9 9 . Planning and Zoning Administrator City of Eagle P.O. Box >tIfF! I S).() 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 IFI Partners II. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate generally located on the south side of Hill Road approximately 575-feet west of State Highway 55, 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-14-00 MOD; and WHEREAS, the proposed development includes properties within an area currently zoned R-4 (Residential four or fewer dwelling units per acre) and WHEREAS, the Applicant desires a MU-DA (Mixed Use with Development Agreement) zoning classification for development of the site with uses outlined herein on the above described Property; and 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 with a development agreement to prevent undue damage to, and to othe¡wise be in harmony with the Comprehensive Plan and 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 MU-DA (Mixed Use Page 1 of 8 K:\Plamling DeptlEagle ApplicatiollSlRZ&Al200llRZ-14-00 MOD da final cc version.doc 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)(I); 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. ARTICLE n 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 Eagle as a part of the Design Review. 2.2 The Concept Plan (attached hereto) represents the Applicant's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. The Applicant also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.3 The Property shall be permitted to be developed with approximately 1.3 I-acres consisting of a maximum of six (6) dwelling units and approximately 1.66-acres consisting of a maximum of 10,500 gross square feet of commercial buildings. The Owner acknowledges that the minimum City parking and landscaping requirements may limit the square footage to less than 10,500 square feet. 2.4 The maximum size for any individual or total combination of commercial building(s) shall belO,500 square feet. 2.5 For the 1.66-acres planned for commercial buildings noted in section 2.4 above, the only allowed uses shall be as follows: Permitted (P) Uses: -Horticulture (general) Page 2 of 8 K:\Planning DeptlEagle ApplicationslRZ&AI20011RZ-14-00 MOD da final cc version. doc -Horticulture (limited) -Roadside stand (temporary structure) -Home Occupation -Planned Unit Development -Beauty/Barber Shop -Bed and Breakfast facility -Catering Service -Childcare (family) -Christmas Tree Sales -Church -Clinic -Communications Facilities -Office, Business and Professional -Parking Lot, Parking Garage -Personal Wireless Facilities (Height 35 feet or less) -Professional activities -Limited Retail Sales (up to 2,000 square feet) Uses Requiring a Conditional Use Permit -Childcare (Daycare Center) -Childcare (Group) -Flex Space - Kennel -Mortuary -Nursery, Plant Materials -Nursing / Convalescent Home -Industry Research and Development -Research Activities -Public Service Facilities 2.6 -School, Public or Private Only those uses as stated herein, with listed restrictions as mentioned within this agreement, shall allowed. Except as provided for 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 2.7 Page 3 of 8 K:\PlannIDg DeptlEag1e Applications\RZ&A\2001IRZ-14-00 MOD da fmal co version.doc agreement shall be satisfied. 2.8 The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of any final plat for this site. 2.9 The applicant shall extend an 8-inch sewer line to the property to the west (known as the Low property) for future connection to that property. 2.10 The applicant and the abutting parcel to the west shall resolve and provide documentation concerning the disputed septic easement, prior to the issuance of any building permits. 2.11 The residential portion of the development shall be limited to a maximum density of six (6) dwelling units. 2.12 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to include uses that the "Official Schedule of District Regulations" show as prohibited, in no case shall any of those prohibited uses be permitted for this site. 2.13 The commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11, shall be permitted to have the following minimum lot sizes (listed respectively) 4,114 - square feet, 4,568 - square feet, and 4,568 -square feet. 2.14 The commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11, shall be permitted to have zero (0) side setbacks along the common parcel lines between said lots. Lots 23, 24 and 25, Block 11 shall be permitted to have zero rear setbacks along the common parcel lines between said lots. All other setbacks for these lots shall be measured from the subdivision boundary lines. 2.15 The entire property shall be developed and maintained per the conditions of this Development Agreement regardless of the number of owners of the commercial property to the north. All lots and lot owner(s) as part of any future re-subdivision of the commercial property shall be subject to the conditions within this Development Agreement. 2.16 The applicant's property shall be annexed into the Eagle Water Company's service boundaries and shall comply with all applicable Eagle Water Company regulations and conditions prior to approval of any final plat for this site. ARTICLE ill AFFIDA 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 Page 4 of 8 K:\P1anning DeptlEagle ApplicationslRZ&A 1200 llRZ-14-00 MOD da 1inal cc version.doc 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 or fewer 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 ofldaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 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 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 Page 5 of 8 K:\Planning DeptlEagle ApplicationslRZ&Al20011RZ-14-00 MOD da final cc version. doc 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 below; Eagle: Planning and Zoning Administrator City of Eagle 310 E. State St. Eagle, Idaho 83616 Owners: IFI Partners n C/o John G. Evans 5699 N. Riffle Way Garden City, Idaho 83703 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. 7.6 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 6 of 8 K:\Planning DeptlEag1e Applications\RZ&A\2001\RZ-14-00 MOD da fina1 cc versioD.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this ¡%JJ..day of ~, 2001. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ayor ATTEST: )~~ K~ Sharon K. Moore, City Clerk DATED this I.B1iday of Q~~ , 2001. By: STATE OF IDAHO) : ss. County of Ada) On this 12- day of ~ 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. ave hereunto set my hand and seal the day and year first : ss. County of Ada) Page 7 of 8 K:\Planning DeptlEagle ApplicationslRZ&AI20011RZ-14-00 MOD da fmal cc version. doc On this JR day of~1f>~ / , 2001, before the undersigned notary public in and for the said state, personally appeared JOHN G. EVANS, 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. f!JJRPA) &AJUil Notary Public for Idaho Residing at: '-. <,fõJ' -kJcJ10 My Commission Expires: C, -? 7 -<J 7 Page 8 of 8 K:\Planning DeptlEagle Applicatioru;IRZ&AI2001 IRZ-14-00 MOD da final cc version. doc £></I/ßIT A " f!iJ. & ~ 8~ d~ 5505 W. Franklin Road. Boise, I RECEiVED & FILED CITY OF EAGLE SFP. ~. H '>0 0.0 ,". I. L Land Description Great Sky Estates No.7 Subdivision F:l9: Route to: _0____0 September 24, 2000 A parcel of land situated in the southwest quarter of the southeast quarter of Section 10, Township 4 North, Range I East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the quarter corner common to Sections 10 and 15, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence S89°43'26"E, 584.77 feet along the boundary common to said Sections 1 0 and 15 to the southwest corner of land described in Instrument Number 94005232, records of Ada County, Idaho, which is the Real Point of Beginning: Thence N28°27' 45"W, 461.22 feet along the southwesterly boundary ofland described in said Instrument Number 94005232; Thence N44°53'31"E, 153.71 feet; Thence N24°30'25"E, 132.98 feet to the centerline of Rill Road; Thence 41.75 feet along a non-tangent curve deflecting to the left with a radius of 485.01 feet, a central angle of 04 °55' 5 5", a long chord of 41.74 feet and a long chord bearing ofS79°23'22"E to a point oftangent; Thence S81 °51' 19"E, 101.56 feet along the centerline of Hill Road; Thence S08°07' 46'W, 326.99 feet to a point of curvature; Thence 47.90 feet along a tangent curve deflecting to the left with a radius of 75.00 feet, a central angle of36°35'31", a long chord of47.09 feet and a long chord bearing of S 1 0°09' 59°E to a point of tangent; Thence S28°27'45"E, 277.85 feet along a line parallel to the southwesterly boundary ofland described in said Instrument Number 94005232 to the southerly boundary ofland described in said Instrument Number 94005232; Thence N89°40'34"W, 179.89 feet along the southerly boundary of said Ian described in said Instrument Number 94005232 to the Real Point 0 . 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