Development Agreement - 2002 - Cintorino/N of Banbury Meadows - 6/4/2002T• ..
RECO�VEED• REQUEST 9(
,10 A CC;U4TY REC010ER
4
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Recording Requested By and M2 A! 2 Ai", e' 0; �� 1 0 2 0 7 4 917
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 47917�0
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 LLC antion in Idaho lhmisedte of liabilay oaho m`pany,'and Nagy
through its Mayor, and Cottonwood Creek,
Springcreek, LLC, an Idaho limited liability company ("Owners").
WHEREAS, the Owners are the owners of record of certain real estate generally located
on the west side of State Highway 44 west side of Eagle Road approximately 3/4 miles north of
Chinden Boulevard, at 2421 N. 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-14-01; and
WHEREAS, the proposed development includes properties within an area currently
zoned A -R (Agricultural -Residential - one or fewer dwelling units per 5 -acres); and
WHEREAS, the Owners desire a L -O -DA -P (Limited Office with development
agreement and PUD) 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 Limited Office zoning designation for the Property must be limited
with a development agreement to prevent undue damage to, and to otherwise 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 the
Owners' 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
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WHEREAS, the Owners have agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a L -O -DA -P (Limited
Office with development agreement and PUD) zoning designation for the Property with the
requirements set forth in this Development Agreement; and
WHEREAS, the Owners have 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 Owners 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 L -0 -DA -P (Limited Office 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 H
CONDITIONS OF DEVELOPMENT
2.1 Concept Plan No. 2 (Exhibit B) represents the Owners' current concept for the
development of the Property. The intent of the Concept Plan is for the approval of the
uses described in Section 2.2 below. As the Concept Plan evolves, the City understands
and agrees that changes in that concept may occur as long as the conditions herein are
complied with and the Owners understand and agree that a Planned Unit Development
(PUD) application shall be required for any development of the Property.
A final development plan will only be required to be acted upon by the City Council,
subsequent to the review and approval of the preliminary development plan and
preliminary plat by the Planning and Zoning Commission and the City Council. The City
and Owners agree that if the City determines that any material change between the
preliminary development plan and final development plan needs additional public
comment because of possible impacts to surrounding property owners, to this
development, or to the community, or inconsistency with the conditions of the
preliminary development plan, the Planning and Zoning Commission shall review the
final development plan prior to the review by the City Council.
2.2 The property is approximately 13.7 acres and shall be permitted to be developed with the
following uses.
a. A maximum of 32,000 square feet of Professional, Medical and or Dental Office
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KAPlannmg DeptlEagle Applications\CPAU001\CPA-3-0t & RZ-14-01 dadoc
space (with no one building on the site to exceed 6,000 square feet) on the
approximately six (6) -gross acres of the site designated for commercial uses.
b. A maximum of fifteen (15) single-family homes on approximately 7.7- gross
acres. Building envelopes designating the location of the single-family residences
(to ensure construction does not occur within any wetlands area) shall be shown
on any preliminary plat and PUD application submitted to the City.
2.3 The exterior of the office buildings shall include design elements and building materials
to portray an appearance that is residential in nature. The photographs received at the
Planning and Zoning Commission meeting on February 19, 2002, and labeled "Office
Park Concept" (Exhibit C) as well as the office building elevation presented to the City
Council on March 26, 2002, (Exhibit D) are incorporated herein and shall be considered a
part of the development as a design guideline.
2.4 The Owners shall submit a design review application for the property (as required by
Eagle City Code).
2.5 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.
2.6 The commercial portion of the Property shall be constructed with a minimum 20 -foot
wide buffer area adjacent to the southern boundary of this site.
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 67-6511A
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 Owners fail 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.
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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 A -R (Agricultural -Residential - one or fewer dwelling units
per 5 -acres) 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
6.1 After its execution, the Development Agreement shall be recorded in the office of the
County Recorder at the expense of the Owners. 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 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
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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 Owners 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: Cottonwood Creek, LLC
and
Nagy Springcreek, LLC
c/o Donald E. Knickrehm
1403 Mace Road
Eagle, Idaho 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.
7.6 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.
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KAPWming Dept\Eagle App1ications\CPA\2001\CPA-3-01 & RZ-1401 da.doc
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this. day of , 2002.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho 1^
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ATTEST:
Sharon K=oACity �Cler���
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DATED this- (i day of , 2002. '•.•�q,TE v �P.•`�
COTONWOOD CREEK, LLC,
an Idaho limited liability company
Mayor
f,
By:
David E. Waldron, Manager
NAGY SPRINGCREEK, LLC,
an Idaho limited liability company
By:Qnt&-�7
Donald E. Knickrehm, Manager
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KAPlaoning Dept\Eagle ApplicationACPA\20MCPA-3-01 & RZ-1401 dadoc
STATE OF IDAHO)
. ss.
County of Ada)
On this - day of e-- , 2002, 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.
IN WITNES M°• O ave hereunto set my hand and seal the day and year first
above written. p j.••' O
4 z if �: 4 Notary P#blic f Idaho
%�d,E'•.� Q� �•p�' Residing
�'••,'•••••''r�� My Commission Expires: /a
'•.._ Sit
STATE OF IDAHO)
: ss.
County of Ada)
On this,'L this,'day of AkNI , 2002, before the undersigned notary public in and for
the said state, personally appeare David E. Waldron, known or identified to me to be the
manager of the limited liability company of COTTONWOOD CREEK, LLC, and the manager
who subscribed said company name to the foregoing instrument, and acknowledged to me that he
executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
4U0 611 I
tiEBN C Notary '��P••••.• Residing Public for Idaho
Og�5f��
* liOTAC, ,r•% My Commission Expires:
�a �O8 L1G s
OF IO �40
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KAPlanning Dept\Eagle Appiications\CPA120011CPA-3-O] & RZ-14-01 dadoc
STATE OF IDAHO)
. ss.
County of Ada)
On this_ day of M a2002, before the undersigned notary public in and for
the said state, personally appeared�onald�,. Knickrehm, known or identified to me to be the
manager of the limited liability company of NAGY SPRINGCREEK, LLC, and the manager who
subscribed said company name to the foregoing instrument, and acknowledged to me that he
executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
My Commission Expires: " - 6
&&r-) Awlli�t
Notary Public for Idaho
Residing at:
G � .
* 't40 T-4 , Oar
N AU8 LIC
8 OF lD e
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• (1 of 3)
PROPERTY DESCRIPTION
A parcel of land located in the NE1/4 of Section 20, T. 4 N., R. 1 E., B.M., City of Eagle, Ada
County, Idaho, as shown on Record of Survey No. 4563, recorded as Inst. 499025226 in the office
of the Ada County Recorder, and more particularly described as follows;
Commencing at the southeast comer of said NEI/4 (El/4 Corner), said point monumented with a
3 -inch diameter brass disk;
Thence N. 1'17'14"E., a distance of 850.26, formerly (N_ l ° 15' 11" E., a distance of 850.26 feet)
along the easterly boundary of said NE 1/4, to a point;
Thence N. 89°54'07" W., a distance of 63.68 feet, formerly (N. 89°52'04" W., a distance of 63.68
feet) to a 5/8 -inch diameter iron pin on the westerly right of way boundary of North Eagle Road,
and the northeast comer of BANBURY MEADOWS SUBDVISION NO. 1, as on file in Book 78
of Plats at Page 8204, in the office of the Recorder of Ada County, Idaho, said point also being the
POINT OF BEGINNING;
Thence N. 89°54'07" W., a distance of 1285.69 feet, formerly (N. 89052'04" W., a distance of
1285.84 feet) along the northerly boundary of said BANBURY MEADOWS SUBDIVISION NO.
1, to a point;
Thence N. 0°08'09" W., a distance of 234.03 feet, formerly (N. 0°06'07" W., a distance of 234.03
feet) along the westerly boundary of said Record of Survey No. 4563 to the northwest corner of
said Record of Survey No. 4563, to a point;
Thence N. 79011'23" E., a distance of 201.39 feet, formerly (N. 79'l 3'25" E., a distance of 201.39
feet) along the northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 67°38'21" E,, a distance of 355.09 feet, formerly (N. 67°40'23" E., a distance of 355.09
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 54024'57" E., a distance of 245.54 feet, formerly (N. 54026'59" E., a distance of 245.54
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
Thence N. 78°29'58" E., a distance of 225.20 feet, formerly (N. 78°32'00" E,, a distance of 225.20
feet) along said northerly boundary of said Record of Survey No. 4563, to a point;
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EARL & ASSOCIATES, INC. J�
SURVEYORS, ENciNL•ERS & PcaNNERS V (.] �L of 3)
Page 2 OF 2 1 �Z
ENTIRE PIECE
Thence N. 88130'30" E., a distance of 364.56 feet, formerly (N. 88°32'32" E., a distance of 364.56
feet) to the northeasterly corner of parcel shown on said Record of Survey No. 4563, said corner
also being a point on the westerly right of way of said North Eagle Road;
Thence along the westerly right of way of said North Eagle Road, 86.24 feet along the are of a
curve to the right, with a central angle of 0°26'02" a radius of 11389.16 feet and a chord which
bears S. 2°16'32" W., a distance of 86.24 feet to a point;
Thence continuing along the westerly right of way of said North Eagle Road, S. 2°27'31" W., a
distance of 361.98 feet, formerly (S. 2°2933" W., a distance of 361.98 feet) to a 3 -inch diameter
brass disk marking P.T. Sta. #311-28.19, as shown on said Record of Survey No. 4563;
Thence continuing along the Westerly right of way of said North Eagle Road, 158,65 feet along the
arc of a curve to the right, with a central angle of 0147'18" a radius of 11529.16 feet and a chord
which bears S. 2°05'54" W., a distance of 158.65 feet to the POINT OF BEGINNING.
This parcel contains 13.67 acres more or less.
Also this parcel is subject to all easements and rights of way of record or implied.
NOTE;
This description was prepared Without the benefit of an actual field survey, but by record
information per said Record of Survey No. 4563 and said Banbury Meadows Subdivision No.l.
The Basis of Bearings per this description is the north boundary of Banbury Meadows Subdivision
No. 1.
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13ANLJnY MEADOWS SULRD :SIGN NO. 1
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OFFICE.ARK
DIA
CON CELT
Office Conceptual Design
Windows Stucco Roofing
Stone Accent Landscaping
(See concepts)
OFFICE CONCEPTS
-Attractive
-Fit in with natural
Surroundings
-Enviromentally friendly
-a Lush enviroment
-Wildlife
EMiBrr C Q00p �OP�
■t
OFFICE STONE ACCENTS
-The stone accent work enhance's the appear-
ance, and adds a natural aesthic value to the build-
ings.
OFFICE STUCCO
-Stucco contributes to the natural feel of the building and sur-
roundings.
-Buildings will not clash against the natural enviroment.
15VT C,-,/
POOP M P, W
OFFICEWINDOWS
-The Windows will be low -E tinted so that reflections and other
glares will be minimized.
-Windows are energy efficient
-Windows blend in with surroundings, and do not create an
eye sore that is out of place with the natural surroundings.
OFFICE ROOFING
- The Concrete Tile roofing w�
interesting lines, angles and hips,
to the character of the buildings.
IMMIT C Qv