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Development Agreement - 2005 - Eagle Heights Baptist Church - 10/3/2005 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/06/05 - "50 PM DEPUTY Vicki Allen RECORDED - REQUEST OF City 01 Eag Ie AMOUNT .00 8 Recording Requested By and When Recorded Return to: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 08/17/06 01:38 PM DEPUTY Neava Haney 1111111111111111111111111111111111111 RECORDED-REQUEST OF 106133473 Eagle City f...sL-~~ 15 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 thi~~ay of{1l.o txz_< 2005, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Eagle Heights Baptist Church. ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 291 North 1st Street, 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-I-05; and WHEREAS, the proposed development includes properties within an area currently zoned Residential-Four; and WHEREAS, the Applicant desires a Central Business District with a development agreement(CBD-DA) zoning classification to develop a multi-story, multi unit residential condominium (project as identified on the attached site plan) use on the above described property, 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 mixed use project upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, 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 Page 1 of 8 K:\Planning Depl\Eagle Applicaliolls\CPA\2005\CPA-l-OS & RZ-OI-05 pz DAfinul,doc 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 Central Business District with a Development Agreement (CBD-DA) 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 Central Business District (CBD) 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 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 prior to issuance of a certificate of occupancy. The applicant shall submit a master building design plan showing signage, common area, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc. and general design criteria including composition, color, materials, and architectural themes in compliance with the Eagle Architecture and Site Design Book (EASD). The master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site. 2.3 Eagle hereby acknowledges that the attached Site Plan (Exhibit "B"- date stamped by the City on June 3, 2005) represents an example of the Applicant's current concept for the site and understands and agrees that non-substantial changes in that concept will likely occur. To eliminate adverse effects on adjacent properties, the applicant shall install traffic calming devices within the parking lot to reduce the enticement for drivers to use the site as a cut- through access between First Street and Mission Drive. Eagle hereby acknowledges that the attached Building Elevation Plans (Exhibit "C" - date stamped by the City on January 5, Page 2 of 8 K\Planning Dept\Eagk Applictltions\CPA\2005\CPA-I-05 & RZ-OI-05 pz DAfUlal.oo.: 2005) represents an example of the Applicant's current concept for the structures and understands and agrees that non-substantial 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. 2.4 The development shall comply with the Eagle City Code, as it exists in its final form at the time an application is made this development agreement is recorded and the conditions within this agreement shall be satisfied. 2.5 The site shall be limited to a maximum Fourteen (14) dwelling units. 2.6 Use on the site shall be limited to those list here in. All uses listed shall be principally permitted and all use not listed will be prohibited on the site: Home Occupations Planned Unit Development Artist Studio Arts and Crafts shows Beauty/barber Shop Family & Group Childcare Convenience Store wi 0 fuel service (hours limited to 7am to lOpm) Electronics sale, shop & repair Food and Beverage Sales, Excluding liquor sales(hours limited to 7am to lOpm) Health club, spa, weight reduction salons Home and business services Laboratories Laundry Service with no drive up Massage Spa Office Business and professional Personal Improvement Personal Service Photographic Studio Professional Activities Restaurant (no drive thru) (hours limited to 7am to lOpm) Retail Sales Limited Retail Sales (pharmacy and medical) Travel services Upholstery service Vet Clinic (excludes overnight boarding) Government Buildings Library Museum Page 3 of 8 K:\Plumung Dep[\Eagl~ Applicutioilli\CPA\2005\CPA-I-05 & RZ-OI-05 pz DAflllal.doc 2.7 The development shall be responsi ble for posting signage along the south side of Mission Street stating "2-Hour Parking". Said signage shall be constructed and installed in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), current edition. Enforcement of said parking limits shall be by the City of Eagle and/or city designated agent having jurisdiction or authority to monitor said limits. 2.8 The Applicant shall submit a condominium plat for review and approval by the City prior to the issuance of a building permit. 2.9 The development shall remain under the control of one Owners Association. An outside maintenance contractor shall be hired by the Owner's Association to care for the common areas within the development. The association shall have the duty to ensure that all the common landscape and parking areas are maintained and operated in a competent and attractive manner (including the watering, mowing, fertilizing and caring for shrubs and trees). The applicant shall provide a copy of the CC&Rs for review by the City Attorney which define the guidelines for the contracting of an outside maintenance firm, prior to the issuance of any building permits. 2.10 The CC&Rs for the Owner's Association shall provide that the storage of any vehicles, whether they are automobiles, recreational vehicles and equipment, watercraft and the like shall only be stored off-site, and are prohibited from being parked or stored in the parking area. The applicant shall provide a copy of the CC&Rs for review and approval which includes a statement addressing the aforementioned restrictions, prior to the issuance of a building permit. 2.11 A detailed landscape plan showing locations of existing trees (both to remain and to be removed) shall be submitted to the City for review. The applicant is required to show on the plan how the trees (if any) will be integrated into the common areas (unless approved for removal by the City Forester and the Design Review Board) and shall provide the plan for Design Review Board approval prior to the issuance of a building permit. 2.12 Upon the submittal of either a design review application for the site, or a demolition permit for the removal of the existing structures from the site, the City will commence with an ordinance to rezone the property to the CBD zoning district. 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. Page 4 of 8 K:\Plumllng Dept\Eagk. ApplicutioIlS\CPA\2005\CPA-l-05 & RZ-0l-05 pz DAfinal.duc 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 Residential-Four 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 Page 5 of 8 K:\Planning Dept\Eagk Applicaliolls\CPA\2005\CPA-I-05 & RZ-OI-05 pz DAfinal.Joc 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 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 Reoresentation. 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 Owner: Eagle Heights Baotist Church ("EHBC") 291 North 1st Street Eagle, Idaho 83616 Or such other address and to such other persons as the parties may hereafter designate. Any Page 6 of 8 K:\Planning Depl\Eagle ^pplications\cPA\2005\cP A~ 1-05 & RZ-Ol-05 pz DAflllal.cJm:: 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. 7.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED thi~~day od()kkr 2005. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho L By: ATTEST: ~ll/,~ 1< 0~~ Sharon K. Bergmann, City Cl rk B;fltt~~L Mike Maudlin, Pastor (Applicant) Eagle Heights Baptist Church STATE OF IDAHO ) : ss. County of Ada) On this~~dday 00 ~, 2005, 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. Page 7 of 8 K:\Planllillg Dt:pt\Eagle Applicutions\CP A\2005\CP A.i-OS & RZ-O 1-05 pz DAfmal.Jm; ".II"f", IN WII~~iW~'EQF, I have hereunto set my hand and seal the day and year first above writt~p~~~'...."''''.'''o "-'-:. fu ~ i ~ / '\ r...;Z Y .... ~ c:::: '- I : : ~o ... ~ : O_.L...-<..../ _':1!..",,0 5 : ,. c ~ ... : ~ v' ~J~):: '=' .. e. p\J\) .. " .: ~ -.. ..- -.:".: ., . ._ C\ "- "'... S ...... . 'v...... ........ l'A TE O\' .... '1.1 ,,,, ','......." STATE OF IDAHO ) : ss. Notary PUbli~ahQ J, Residing at: _~"tCU a...-t." I ~ My Commission Expires: z./..:. ? J.p -0 ~ County of Ada) On this .2Il:day of ~pfr N& ( 2005, before the undersigned notary public in and for the said state, personally appeared 11 ic..h tR I tv\t1lLL!,'~nown or identified to me to be the owners 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. .,,,1111',,, .., \~ n I "1, ...... S 1,\ '1\ II '-, .... .. ,........ 0.,,1) '..., ..' ..- -.. . /^ ...... ~ ., 11 0 ":. :: .... NO,,", 00 -J-:- :: "1...0 ~ : : . ..... \.)_. - : VJ: ./J..... : E ': '.. (,. ct.. -;.. ,......,.. ' 1) L r c .. : -:. 7' ' e. .- ~. ~ ., /'., eo ...... "" <.' Ill'........ i ....... '" 0 P I lOJ \ ,\,) ..- #1" r \ ,..,\ 'ir,....."". ,~ Uxt~- Notary Public fq,r)daho. I ' Residing at: rnU'v 1 C I ILL.< I :iJ~ My Commission Expires: l( ~ ( it -e) It Page 8 of 8 K:\Plamling Dept\Eaglt: Appocations\CP A\2005\CP A-I-OS & RZ-0l-05 pz DAflllul.doc POOR COpy :-":,::,';' ;'j<1::::;'~;:{<;/:':::::;,!';\_~,:;,("-:,:,,,;, ",:,:~; :.:', i ;:,:'-,/" ':. ',.' _ i: :<::. /- : ;,:siI.:lt4;:of ,:section)l.' '~!~2~:~~~;~~~;"dJit..~~:, fd~:fIi".the.OfrJ. (:~s..., :'fj.~~dlil:~rfoll~W~i:: ;~8~""S.tio~~.on ....said ~o!;~hii,:.'lIorthwee.t 'iiI~ri<:i ..tti'e'Ea"terly" ......'.~llld.::.pd~llt .being I1t:a'l'"c,;belng on the /tl1~/1'ce ,don,? the. salll ill'1~Q{~he~":id parcel file of .'. ~h~:Silld . parcel ',> ..... .......>;,gaJ.d'~'>.intb~ing.. the '.' '" < .;:?'iJio,!I<.~.ii.f::#~W"!SslonSu~lvision. . ~rri.g,t'h~soWt~~a-~t:;C;9ri1er:df"a fliparce 1. shown all :'~,~<:>l19.~tl'eFH~i:tJ.1j:~rl1~:;Of'ti,cit4;: Bioi:.k.'2 . of. saId i0f1,,;.!',\1<1,C~I.le,1l?1J,~h:.l~n~'9f: said... p...rce 1 " shown as c _."':. ~ :.',' " -', <" ;'l:eeli;:t~a;P91I1t;'<!~id)dJ.ntheingth" . Northwest . ~:'4';<~fcJck.2i.~henc~c:ontinlljn9 along the .South .' . .sti(J'!II);aS+~'!:l1iJrchli,,,l)d'th,,r 19ht..of,..~"y line of ti~ve'~o;thele~t:",licJS~ rn;\1usls45.0 fe"t. ,is:2B~~2:i';;:who'se.'lejj'gth is 223.4 feet and t~~lif,,"'-i;y,'-':;t; .,. .' ... .... . . ' "'!55.~,,~ee~t'to:'a'P?lnt..s.~1'Lpolnt . being the' '9~,.i.ot,A.d81oc)( 1iO.!silidMisslon '.' Subdi visIon; ij6ftti-i'f~n,,'of:s~lo:lLO.t.'4;Block 1.. and the South :ei':sh'ol'ijj'as";ChuJ;'c::~n>'.. .. ..' ." . .Oq},f!"~t't9:1l..poiiit,>"aId"poin.t 'bell'1g .the Northwest ~~<itc4,,'31(Jc;Jt;1,sa,l.c1"" point;.a l.so. being .the .l>outhwest 'tp~rc"lSho~l)a""ChiJrC;I1.~(;t,h,,nce a19ngthe \fest line lCsho~ri,as:"Chl.lrchn:_,'.. '" .... .'. .. .... .'. .'>< B;6'fe",tto..apo'int(saidpo~nt.. being'. the southeast '~,:r,;9t 6;' Blo<:k1 ; thericealoiig the,South.'line of said ..E........ ., '. ............. .....: ,.'pOleet to" point,s!,idtl'olntbeIngt,he. sout,hwest .d. H~t, 6 . B 19Ck 1; thence,;" lqr:'g~heWe" t1in" of said .!:I.est . lIne ~lso beil)gth"E""t rlght-of__way line of .f,eett() TIIEI'OIllT'OF~E#INNIN(; ,,::,:,,;.,.,,-::-:'.:.,.:,:,':,,'-,'::.-...-:..' ',:.,"," ~.ni~t' parC(d,':<::9r1~~Jr-~_-1-.~3',~cr.e~'~' '.ore or less -"-'," ,...,........ - '...,-', ", ','. ,,,-,'.,,.-,_.,.."'.'-,.' '-"~:;,tT:;2;.~?:~j~:;,~~~.~. ...., . - e', -, . '.\-y;~:- .;.~.,,.:. ", -C',".:':.--.. -:";',' ~".' ;.';, . '\:~-':-, ','.c,;',:_> ,". '''i i;".";:"' .....," ,. ,.....- ,i" ,,',' EXHIBIT A ACHD PROJECT NO. 52056.0 EAGLE ROAD (State Street to Floating Feather Road ) RIGHT-OF-WAY PARCEL # 33 OWNERS: The New Heights Baptist Church, Inc. Lot 6, Block 1, Mission Subdivision Lel!:al DescriDtion for Additional Public Rililit-of- Way A parcel ofland for Public Right-of-Way located in the Northwest Quarter of the Southwest Quarter of Section 9, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being a portion of Lot 6, Block 1, Mission Subdivision, according to the official plat thereof, filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho, said parcel being more particularly described as follows: Cormnencing at the northwest corner of Lot 6, Block 1 of said Mission Subdivision, thence North 90000'00" East (formerly East), 20.50 feet along the north boundary of said Lot 6 to a point, said point being the REAL POINT OF BEGINNING; Thence continuing North 90000'00" East (formerly East), 12.00 feet along the north boW1dary of said Lot 6 to a point; Thence South 0000'00" East, 3.00 feet to a poi.rlt; Thence South 90000'00" West, 12.00 feet to a point; Thence North 0000'00" West, 3.00 feet to a point, said point being the Real Point of Beginning. Said Parcel contains 0.0008 Acres or 36 Square Feet, more or less. Subject to easements of record or in use. Basis of Bearing: North 0000'00" East (formerly NORTH) along the Section Line conunon to Sections 8 and 9, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as shown on the official Plat of Mission Subdivision, according to the official plat thereof, filed in Book 22 of Plats at Page 1428, records of Ada County, State ofIdaho. . ~ , ,. . EXHIBIT A 1 "!I"11 '" ~ d i ~ ;!li'I'! ;;J r~i i ~ ~I'"; z !l:I! ~ "!-i ! (Jl ~t · !I;~i ~illl! ~iF.li ~i:l!i pI · :~ ~~ . i~ fi1! > .... · III 1il ." > Z ~ ~.~ ! ! ; I'~~.i ~ I~~~i ~ nf;l~ ~:i!!i! ~ "i1:;l:.iJi ~ ~;;; ~~ I ~ ~;"~ ~ ~i ~~;. ~.~. h ~ ~,~.! ~ ,,~ . ~ g E~~9~.~ ~ ~~~i"m~ .. . ~! ~ . . 'g ~~~ ~~p~ i ~ ~~oh ! nn · m I ~ Hi~i .~ ~R~ liii ~ ! ! ~.~ ~~ ""-i " . ~.~ ~;; 8B8 " · · ~~~ ~ nJ 'Ii ! :~~ ""= . ~.' ~ ~i.~ ~~I .~~ I J ... ~1 5:1j~~ ~~ii ",~"'1S' ...9 "'o~.. .-~.. ._I'l .... ~~1II!!! ;1i'l~il1~ II po" ~ B ~ . ~ . . . ~ "< ,p~ :;::'''''''~r """:J~ II F:>!jlo' ~~, ;: ,. ('] z ~ - .,,,. r '","""'" ~ ~r ~ .7~. . ~ '''''f I:' ,,-.._,........ , POOR COpy RECEIVED & FILED CITY OF EAGLE --" -------------------- -.-. ~ ~'!IDEHBC - MASTERPLAN DC J:AGLlI an. " MIIJIIION IT. ~i it ~~y .dJ~-~ f'j;I.EU MI NARY NOT FOR CONSTRUCTION f:!I\I{XI+.I~" ;!.'~ .IHil 'l'(lS- 11"~'II" ""'" ,....tt.. -~~1..c!l, ,-).,.... "T-_"..r.,..'.<..""" EXHI BIT B i ;w---- \ :.~a ~ \ ; <Xl ~ .,...,. :~~; ..\ i f5 >-1-::> ~ \ 10- ~ - '\UJ 0 i!! 15 a:: u: a:: J "--..... 5: z e..')<t Z-.l -0.... ~ O::::w <(W o...(j) , W -.l o 0.... l- I C) -.l o W (j) 00 0.......J OW 0:::: I o...Ul z 0<(>- Wo:::<( (/)f-:> O(/):> O-WI OOf- O:::W<( 0-0....0.... z e..')<( Z...J -0.... ~ O:::w <(W 0-1Jl EXHIBIT B 1 poor:> copy z 4: ...J Q.. a: w I- en 4: ~~ o N O. [On J:>- wi W:s: f-o <(0::: 2I XI- o 0:::1- O-I 0...0 <(...J Ww 0...0 <(0 Uu (j) 0>- Zf- <(u -.l O::J we..') (j)<( Ow 0.... 00:::: o::::w 0....0... V) o e>:: <C o z: <C t- V) CC> z: 0:: <C '--' If) o z: <<: -' ------- (9 z: i= ::c CC> :::J ~ ~ " . '" 8 .~ ~.~ ~ ~i ~ ~l ~ ~.I.....' j-.>, , ': --"~ ~~ EXHIBIT B 2 ,.'!C"f"'-J ~' U'"'IJ" 1:+', " .,1"\....M. ' _~.. " ~--.,jvr n , . ~ ~ o ~ -< I-~. ::!:LO X ~ 0 8 ~ ~ ~ ~~I ;;i~ W;;t5U~~ " OJ I--' U1 z o r:n U1 2 B EXHIBIT C z <{ -l ~ ~ ~~ ::E~ ~ ~- :1:'" w"i ~ i il ~" RECEIVED & FILED CITY OF EAGLE JAN 0 5 2005 File: Route to: w Z u z w <( II '" u; -I w '" 0.... 11" I! ill .. I- < ~ \f) lli ~.~ <( () j '" 2: () N 1i )-' :to \) ~ DC r:/:;~ w [[) <( > => .t< "' I z U,l 3i '" ill <( ci Co z '"' 0 -, 0' '" u; " U> ~ >' w Il' () () -' lL D Il' :I: f- w ~ f- U => '" _f- NU> ~'" W U> '" .. '" '" .. .. ~ . N Il' a.' () ""':iQ () -' lL D z " () w \) ~ UJ " '" 0 , ~ z w c~ ~ ~~ ". "~ Ow w~ '< Ow "" EXHIBIT C 1 Il' () () -' lL f- '" Il' lL AN 0 5 2005 w '" u; w ~ File' Route to: -------,.____-----=...1