Development Agreement - 2003 - Eagle River LLC - 4/24/2003
Recording Requested By and
When Recorded Return to:
Planning and Zoning Adnllnistrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 05102/03 08:27 AM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF
EAGLE CITY
AMOUNT .00
7
1111111111111111111111111111111111111
103073342
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 ofldaho ("Eagle"), by and
through its Mayor, and Eagle River LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate generally located
on the east side of Eagle Road approximately 800-feet south of State Highway 44, 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-6-02; and
WHEREAS, the proposed development includes properties within an area currently zoned
C-l (Neighborhood Business District) and
WHEREAS, the Applicant desires a C-3-DA (Highway Business District with
Development Agreement) zoning classification for development ofthe 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 C-3 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 collUl1UllÏty; and
WHEREAS, the intent of this Development Agreement is to protect the rights of Applicant's
use and ~oyment 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 C-3-DA {Highway
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Business District 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 8-10-1 (C)( 1); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration ofthe 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 ofthe application to a C-3-DA (Highway Business District 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 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement and will comply with all applicable requirements of the Development
Agreement for the Eagle River Commercial Development, dated January 25, 2000, between
the City of Eagle and Eagle River LLC, not including the "150,000 Specific Limitations" as
set forth in said Development Agreement (recorded instrument No. 100011692). Further,
Applicant will submit such applications regarding flood plain development permit review, design
review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any
other applicable applications as may be required by the Eagle City Code.
2.2 The development shall comply with the Eagle Comprehensive Plan and City Code, as they exist in
final fonn at the time this development agreement is approved by the City, except as otheIwise
provided within this agreement. Unless greater requirements are established by said Eagle
Comprehensive Plan and City Code, the following conditions shall be satisfied:
2.2.1 A "Restaurant, with Drive-Thru Service," may only be allowed through the
Conditional Use Permit process.
2.2.2 No portion of the Property shall be used for any of the following Connnerdal and/or
Industrial uses:
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. Adult Business
. Automotive body shop
. Automotive Gas Station or Fuel Islands
. Automotive Gas Station/Service Shop
. Automotive, mobile home, travel trailer, and/or fànn implement sales
. Automotive repair
. Automotive storage
. Automotive washing fàcility
. Bar
. Cemetery
. Convenience Store with Fuel Service
. Drive-in theater
. Equipment rental and sales yard
. Kennel
. Laundry (with drive up service)
. Mortuary
. Pawnshops (auto)
. Shop, contractors (and/or yard)
. Small engine repair (mower, chainsaws, etc.)
. Storage (fenced area)
. Tjre shop, including recapping
. Truck stop
. Machine Shop
. Railroad yard or shop
. T enninal yard, trucking
. Truck and equipment repair and sales (heavy)
2.3 All development within the Property shall be consistent with the Site Design Guidelines
("Design Guidelines") and Conceptual Plans as outlined within the Development Agreement
for the Eagle River Commercial Development dated January 25, 2000, between the City of
Eagle and Eagle River LLC (recorded instrument No. 100011692).
2.4 Applicant will comply with all rules, regulations and ordinances of Eagle per the tenDS of this
Agreement including, but not limited to, applications for development permits as required by Title
10, Flood Contro4 of the Eagle City Code.
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.
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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 fÌ'om 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 Ifrequired to proceed in a court of law or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all dÜ'ect 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 C-l (Neighborhood Business District) zoning designation unless the portion
of this instrwnent detennined to be invalid or unenforceable is re-negotmted in good fàith 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 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 ifall or any portion of the development is sold, the
sellers shall thereupon be released and discharged fÌ'om 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 acquÜ'es 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.
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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 ofthis 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
P.O. Box 1520
Eagle, Idaho 83616
Owners:
Eagle River LLC
3101 N. Central Avenue, Suite 1390
Phoenix, Arizona 85012
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.
7.6 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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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ~day of 1þ1Í I , 2003.
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(Ð".,é' OF EJ\O"",~CITY OF EAGLE, a municipal corporation
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By:
Charles Carlise, Authorized Signatory
STATE OF IDAHO)
: ss.
County of Ada)
On thisM day of Apn'/ ,2003, before the undersigned notary public in and for
the said state, personally appeared NANCY C. MERRILL, 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.
ve hereunto set my hand and seal the day and year first
STATE OF IDAHO)
: ss.
County of Ada)
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On this Jáy of () ".¡/ I 2003, befure the undersigned notary public in and fur
the said state, personally ap~ES CARLISE, known or identified to me to be an
authorized signatory of the property referenced herein and the person who executed the foregoing
instrument.
seal the day and year first
IN WITNESS WHEREOF, I have here
above written.
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