Development Agreement - 2003 - 800' S. Floating Feather/Senior Assisted Living Facility - 12/11/2003
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12/22/03 08:32 AM
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST OF
Eagle City
AMOUNT .00
8
1111111111111111111111111111111111111
103208737
Planning and Zoning Administrator
City of Eagle
P.O. Box~ 15;¡D
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 Paramount Parks LLc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate generally located
on the west side of Eagle Road approximately 800-feet south of Floating Feather Road, Eagle,
Idaho, ("Property"), 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-3-03; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-4 (Residential) 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
detennined that allowing an MU 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
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
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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 II
CONDITIONS OF DEVELOPMENT
2.1 Eagle hereby acknowledges that the attached Site Plan (Exhibit "A") represents an example
of the Applicant's current concept for the site and understands and agrees that changes in that
concept will likely 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.
2.2 Nursing Home (Senior Assisted Living Facility) shall be the only use permitted.
2.3 The Applicant shall remove the entire garage/shop located on the site west of the dwelling
unit and abutting the southern property line. The City shall not rezone the Property by a
properly adopted rezone ordinance until this condition is met by the applicant.
2.4 The site shall be designed in such a way as to provide access to the parcel to the north of this
site, (parcel #110320) either within the existing easement or within a revised easement. The
Applicant shall provide a copy of the recorded revised easement (if applicable), prior to the
issuance of any building permits for the site. The access shall be paved a minimum twenty-
four feet (24') wide, and designed and constructed to local road standards (to provide
adequate access for any development on the parcel to the north), as recognized by the Ada
County Highway District, or as approved by the City Engineer. No parking signs shall be
installed along both sides of the access.
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2.5 The Applicant 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 prior to issuance of a certificate of occupancy.
2.6 Landscape buffering and siting of the Nursing Home (Senior Assisted Living Facility) shall
be designed to mitigate the effects of the development on adjacent residences.
2.7 The pathways and open space configuration shall remain substantially as shown on the
attached Site Plan (Exhibit "A").
2.8 The design of the Nursing Home (Senior Assisted Living Facility) shall incorporate
residential elements to ensure compatibility with the surrounding uses.
2.9 The development shall comply with the Eagle City Code, as it exists in final fonn at the time
an application is made and the conditions within this agreement shall be satisfied.
2.10 The Applicant will submit drawings for review and approval by the City Engineer to mitigate
the effects of any improvements within the slope area located on the western portion of the
property. Prior to the commencement of any construction on the site, the Applicant shall
contact the City Engineer for an on-site inspection of the hillside, and to establish a schedule
outlining subsequent on-site visits during construction upon the hillside.
2.11 The Applicant shall submit, as may be determined by the Flood Plain Administrator, a Flood
Plain Development Permit in compliance with all rules, regulations and ordinances as required
by Title 10, Flood Control, of the Eagle City Code.
2.12 The Applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the issuance of a building pennit for this site.
2.13 All drainage and stonn water shall be retained on-site, and shall comply with all requirements
of Eagle City Code and the City Engineer. The Applicant shall submit construction drawings
showing these details to the City Engineer for review and approval prior to the issuance of
any building pennits.
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.
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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 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) 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 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.
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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
below;
Eagle:
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owners:
Paramount Park LLC
1323 South Five Mile Road
Boise, Idaho 83709
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.
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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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this JJ!'day of Lx:æ.tflw'2003.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
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ATIEST:
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./ Sharo~ K. Moore, City Clerk
DATED this / )tÌl day of)yfl(lYIbf/ ,2003.
By:
STATE OF IDAHO)
: ss.
County of Ada)
On this ¿day of Deønbev-, 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.
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STATE OF IDAHO)
: ss.
County of Ada)
On this Æday of kJ!f'ffihU 2003, before the undersigned notary public in and for
the said state, personally appeared DOUG JA YO, known or identified to me to be an authorized
signatory of the property referenced herein and the person who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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Notary Public for Idaho
Residing at: lirJc... r!. (\
My Commission Expires: (I -,;}, -0 -]
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