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Minutes - 2007 - City Council - 06/19/2007 - Regular EAGLE CITY COUNCIL Minutes June 19,2007 PRE-COUNCIL AGENDA: 6:30 D.m. - 7:30 D.m. A. Budget Discussion: I. Discussion of Strategic Annual Goals Mayor introduces the issue. Bastian: I have been working with the Library Director, Ron Baker, on expansion of the Library and securing funds to fund an engineer and architect which will be about $8,750.00. I think this should be in the City Strategic Annual Goals. Bandy: Discussion on the budget should be presented where each Department Head submits their budget and the Mayor submits her recommendations and then we look at both budget recommendations to evaluate what is going to be funded. We also need to look at long term goals. Mayor: I would like to consider, as a goal is more communications with the citizens. Discussion on broadcasting the City Council meetings. I also have information for video screening on our web site. I also believe that the City needs a public relations/communications person and I'm putting together a job description for you to look at. Guerber: Do we have priority list as far as new positions? I would like to see a priority list of the proposed jobs and the reasons why we need the position. General discussion. Discussion on splitting parks and public works. Bastian: The group tonight is interested in the Downtown Development. There was a circular that went out that we were not aware of and we are not discussing this tonight. Discussion on an action plan for the downtown which includes a pedestrian friendly downtown and a transportation plan. I think we need more than what was presented. We need to set aside some money for an action plan. General discussion on this being a Strategic Annual Goal. Further discussion on how to proceed with a downtown plan. Zoning Administrator Vaughan: Staff has had a chance to look at it. The arborist is doing a tree inventory in the downtown area. Discussion on evaluating which trees need to be removed. have a planner looking at the transportation component. We are also looking at parking requirements for downtown. General discussion. Discussion on communication with the Urban Renewal District in regards to the downtown plan. Discussion on the involvement of the people who live in the area. Jason Pierce: The Chamber sent out 9,000 post cards to the 83616 zip code and we discussed the plan with the business owners. The developers were sent post cards. We are just trying to stimulate and get some ideas for the downtown. We need to hear why development is not coming to the downtown area. General discussion. We have agreed to hold a public meeting for the citizens. We didn't realize that we were not going to be on the agenda tonight. Page I K\COCNClL\l\f1NUTES\Temporary Minutes Work Area\CC'-06-19-07mindoc Sheila Martin, N. I st Street, discusses removing the trees on the property along I st Street. Discussion on her public records request and that she did not get the audio of the Chamber of Commerce presentation. Discussion on family values and the values of the City. General discussion. Mayor calls a recess at 7:25 p.m. REGULAR COUNCIL AGENDA: 7:30 p.m. I. CALL TO ORDER: Mayor Merrill calls the meeting to order at 7:30 p.m. 2. ROLL CALL: BASTIAN, GUERBER, NORDSTROM, BANDY. All present. A quorum is present. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENT: None 5. CONSENT AGENDA: · Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Mayor, a Councilmember, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the City Council. · Any item on the Consent Agenda which contains written Conditions of Approval from the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board shall be adopted as part of the City Council's Consent Agenda approval motion unless specifically stated otherwise. A. ODen Container Permit: McAlvain Construction is requesting an open container permit to be used on June 30, 2007 at Merrill Park. Alcohol may be consumed only within the shelter and no glass containers are allowed. (SKB) B. ADDointment of Nancv Suiter to fill the vacant Dosition on the Historic Commission. Guerber moves to add to the Consent Agenda the appointment of Nancy Suiter to the Historical Commission. Seconded by Bastian. ALL A YES: MOTION CARRIES......... Bastian Moves to approve the amended Consent Agenda. Seconded by Bandy. ALL AYES: MOTION CARRIES.............. 6. PROCLAMATIONS & RESOLUTIONS: Nordstrom moves to amend the agenda to add as Item #6C Resolution 07-16. Seconded by Bandy. ALL AYES: MOTION CARRIES................ A. Autism Awareness Dav Proclamation: Declaring September as Autism Awareness Month in the City of Eagle. (NM) Mayor introduces the issue. Bastian moves to approve the Autism Awareness Day Proclamation: Declaring September as Autism Awareness Month in the City of Eagle. Bastian reads part oftbe Proclamation into the record. Seconded by Bandy. ALL A YES: MOTION CARRIES................. Page 2 K.\COUNCILI.MINUTES\Temporary Minutes Work Area\Cr -06-19-07mindoc B. Resolution 07-14: A Resolution of the Eagle City Council, Eagle, Ada County, Idaho recognizing and adopting the Eagle Wine District Overlay; and providing an effective date. (NM) Mayor introduces the issue. General discussion. Guerber Moves to approve Resolution 07-14: A Resolution of the Eagle City Council, Eagle, Ada County, Idaho recognizing and adopting the Eagle Wine District Overlay; and providing an effective date. Seconded by Bastian. Discussion. ALL A YES: MOTION CARRIES............... C. Resolution 07-16: A Resolution in SUDDOrt ofIncreaed Revenuse for the State ofIdaho and Local Hie:hwav Jurisdictions for Hie:hwav Construction. Maintenance and ODerations. Mayor introduces the issue. Nordstrom moves to approve Resolution 07-16: A Resolution in Support ofIncreased Revenues for the State ofIdaho and Local Highway Jurisdictions for Highway Construction, Maintenance and Operations and reads the Resolution into the record. Seconded by Bandy. Discussion. ALL AYES: MOTION CARRIES........... Guerber moves to authorize the Mayor to write a letter to ITD indicating passage of the Resolution. Seconded by Bastian. ALL AYES: MOTION CARRIES.................. 7. UNFINISHED BUSINESS: A. Resolution 07-13: A Resolution To Support And Participate In The Development Of Adequate Public Facilities Ordinances Specifically Including Those For Land Use And Transportation; And Providing An Effective Date. This item was continued/rom the June 12, 2007 meeting. (WEV) Mayor introduces the issue. This has been asked to be remanded back to staff. City Attorney Buxton: We look at this at the last meeting and we need to be consistent with the positions that we have taken to our past resolutions. There are some changes that need to be done. I will not be at your next meeting; the first meeting that I will be in attendance is July 10, 2007. General discussion. Bastian moves to continue this item to the next regular City Council meeting on June 26, 2007. Seconded by Nordstrom. Discussion. ALL AYES: MOTION CARRIES............... B. PP-21-06 - Preliminary Plat for Eae:le Gatewav South - Cornerstone GrouD. LLC: Cornerstone Group, LLC, represented by Walter Lindgren with Johnson Architects and Morton McMillen, P.E., with McMillen Engineering, LLC, is requesting approval of preliminary plat for Eagle Gateway South, a mixed use commercial and residential development. The 56.86-acre, 98- lot subdivision, I 14-unit (7 I-single-family, 42-multi-family (contained within 5-lots), 16- commercial, and 6-common) is located on the southeast corner of State Highway 44 and E. Riverside Drive at 1650 E. Riverside Drive. This item was continued/rom the June 12,2007 meeting. The applicant is requesting this item be continued to the June 26, 2007 meeting. (WEV) Mayor introduces the issue. Guerber moves to continue PP-21-06 - Preliminary Plat for Eagle Gateway South _ Cornerstone Group, LLC to the June 26, 2007 City Council meeting. Seconded by Bandy. ALL AYES: MOTION CARRIES....................... Page 3 K\COUNClL\MINUTES\Temporary Minutes Work Area\CT -06-19-07mindoc C. Discussion of construction issues at Guerber Park. (SEB) Mayor introduces the issue. Guerber moves to move Discussion of construction issues at Guerber Park following the Public Hearing as Item #9B under New Business. Seconded by Bastian. ALL A YES: MOTION CARRIES.................... 8. PUBLIC HEARINGS: A. RZ-05-02 MOD - DeveloDment Ae:reement Modification (Lakemoor DeveloDment) _ DMB Investments. LLC and Eae:le Lifestyle Center. LLC: The applicants are requesting modifications to the development agreement associated with the MU-DA (Mixed Use with development agreement) zoning of the property. The 178.5-acre, 240-Iot (I 42-residential, 53- commercial, 45-common) development is located on the east side of S. Eagle Road approximately one-half mile north of Chin den Boulevard. This item was continued/rom the May 29, 2007 special meeting. (WEV) A I . DR-22-07 - Retail and Restaurant Facilities within The ShODS at Lakemoor _ Robert Brandon. Poae: and McEwen Lifestyle Centers. LLC: Robert Brandon, Poag and McEwen Lifestyle Centers, LLC, represented by Jennifer Haskamp with Landform Engineering Company, are requesting design review approval to construct approximately 205,000-square feet of retail and restaurant facilities. The 25-acre site is located on the east side of Eagle Road approximately 1,600-feet north of Chinden Boulevard within Lakemoor Subdivision. This item was continued/rom the May 29,2007 special meeting. (WEV) A.2 DR-69-05 MOD - Modification to the Clubhouse Facility within Lakemoor Subdivision - DMB DeveloDment/Investments: DMB Development/Investments, represented by Dan Torfin, is requesting design review approval to modify the clubhouse facility from 3,400-square feet to 8,0 15-square feet. The site is located on the east side of Eagle Road approximately V.-mile north of Chin den Boulevard. This item was continued from the May 29, 2007 special meeting. (WEV) Mayor introduces the issue. Laurie Reynoldson, Spink-Butler, representing the applicant, we are here to discuss with you modifications of the shops at Lakemoor. We are very excited about the shops. Lakemoor is 180 acres off from Eagle Road with extensive amenities. Provides Council an overview of the project and the development agreement. Roy Vice, Senior Vice President for Development of Poag and McEwen Lifestyle Centers, representing the applicant, discusses the project and the development agreement. We are build and we stay we don't sell. Presents a Power Point Presentation for the Council and discusses the same. Introduces the development team. Each developer has one project. David Bader, KA, representing the applicant, continues the Power Point presentation and discusses the same. Helen Diemer, Vice President with The Lighting Practice, discusses the lighting in the evening after dark and continues with the Power Point presentation. Corey Solum, JSA Architects, presents a Power Point presentation and discusses the other phases of Lakemoor. Page 4 K\COl.l1'<'CIL\MINUTESITemporary Minutes Work Area\C( -06-19-07min.doc Mayor calls a recess at 9:00 p.m. Mayor reconvenes at 9:] 0 p.m. Corey Solum continues his presentation. Dennis Baker, applicant, discusses Homeowner's Association dues in Two Rivers and revenue generation in association with the hotel. General discussion Planner Williams: You have the Development Agreement before you, J will stand for questions. City Attorney Buxton: Discusses the changes to the Development Agreement. Mayor opens the Public Hearing Mayor swears in Jim Liley Jim Liley, J live adjourning this project, my house sits on the edge. My concern is the lighting and the sound. J won't be able to live there much longer if these things happen. We were supposed to retain this as a residential area. I'm sitting right above this project. This is a great looking project. General discussion. Laurie Reynoldson: we want to be good neighbors and the lighting will project into this project. General discussion. Helen Diemer: Discusses the lighting. General discussion. Mayor closes the Public Hearing General Council discussion on the lighting and access on Eagle Road Bastian moves to approve RZ-05-02 MOD - Development Agreement Modification (Lakemoor Development) - DMB Investments, LLC and Eagle Lifestyle Center, LLC with that Development Agreement we have before us this evening entitled First Amended and Restated Development Agreement that Susan Buxton reviewed with us this evening and all Site Specific and Standard Conditions. Seconded by Guerber. ALL AYES: MOTION <:ARRIESl............... Bastian moves to approve DR-22-07 - Retail and Restaurant Facilities within The Shops at Lakemoor - Robert Brandon, Poag and McEwen Lifestyle Centers, LLC with the Site Specific and Standard Conditions of Approval as attached. Seconded by Bandy. ALL AYES: MOTION CARRIES........... Discussion on A.2. Nordstrom moves to approve DR-69-05 MOD - Modification to the Clubhouse Facility within Lakemoor Subdivision - DMB Development/Investments with all Site Specific Conditions as approved by Staff. Seconded by Guerber. Discussion. ALL A YES: M()1rI()N <:ARRIl[Sl.................. Nordstrom moves to add an Executive Session for the discussion of acquisition of private property. Seconded by Bandy. ALL AYES: MOTION CARRIES............... Mayor calls a recess at J 0:20 p.m. Mayor reconvenes at 10:35 p.m. Page 5 K.\COUNCIL\MINUTES\Temporary Minutes Work Area\CT-06-!9-07min do\: 9. NEW BUSINESS: A. Discussion ree:ardine: the formation of Public Works Committee: (City Council) Mayor introduces the issue. Nordstrom: We talked last week at the meeting that with everything going on with the water system and the Public Works Department that we some oversight since we are new to this business. A couple of Council Members, the Public Works Director, Attorney, Engineer and representation from the public would form the Committee. This would be an established committee. General discussion on the formation of the Committee. Vern Brewer, Holladay Engineering, I'm familiar with seven or eight cities and the Mayor every two years will appoint two Council Members who will pull the committee together. All most all of the cities do some form. General discussion. Council concurs that the advisory committee or internal task force should consist of two Council Members, City Attorney, City Engineer, Public Works Director, City Clerk/Treasurer, and the Zoning Administrator. Nordstrom moves to establish a Public Works Committee to oversee the operation of the Public Works Department consisting of two Council Members, City Attorney, City Engineer, Public Works Director, City Clerk/Treasurer, and the Zoning Administrator. Seconded by Bastian. ALL AYES: MOTION CARRIES.......... Nordstrom: Dave should work with Vern and get a list together of items for discussion. Bandy and Nordstrom will represent the Council. B. Discussion of construction issues at Guerber Park. (SEB) Mayor introduces the issue and reads a proposed letter addressed to Jim Murray, CSHQA. City Attorney Buxton: Discusses completion of the park, punch list, issues in regards to the Water Odyssey work, the defective equipment that needs to be fixed. We have a Performance Bond on this project and a 20 day notice to declare a default. We are sending this letter to Jim Murray to send this to the General Contractor. The General Contractor has been working with us to get this park completed. I would request that Council approve to send this letter to Jim Murray. Discussion on the water feature and the caps on the posts. City Attorney: I want the City to proceed with caution before the City does any self help on this project. Further general discussion. Nordstrom moves to authorize the Mayor to sign the letter to Jim Murray which has been presented tonight. Seconded by Bandy. Discussion. ALL AYES: MOTION CARRIES........... ... Page 6 K:\rOUNCIL\~1INUTES\Temporary Minules Work Area\CC-06-19-07min.doc 10. Executive Session: Idaho Code 67-2345(c) Acquisition of Private Property. Guerber moves to go into Executive Session for the discussion of acquisition of private property under Idaho Code, 67-2345 (c). Seconded by Nordstrom. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION <:ARRIE1S............... Council goes into Executive Session at 11 :05 p.m. Council discusses acquisition of private property. Council leaves Executive Session at I I :40 p.m. Bandy moves to authorize Council Member Nordstrom to determine the terms of the Contract to acquire private property. Seconded by Bastian. Discussion. Bastian: AYE; Guerber: AYE; Nordstrom: AYE; Bandy: AYE: ALL AYES: MOTION CARRIES......... I I. REPORTS: Public Works Director: No report City Engineer Report: No report City Clerk/Treasurer Report: No report Zoning Administrator's Report: City Attorney Report: No report Mayor and Council's Report: Nordstrom: I would like to plan a meeting with the Planning and Zoning Committee prior to the foothills plan coming before us. City Attorney Buxton: Once the Planning and Zoning Commission makes its recommendation then we can schedule a workshop between the Commission and the Council. General discussion. Bastian: Design Review had a meeting last Thursday and looked at the Master Sign for Lonesome Dove and they want to have a reduction of parking on shared parking. I expressed concern about that and when this comes before us I will take it off from the agenda. General discussion. I went to ROC USA and it has relevance to the community in regards to Urban Renewal and mobile home sites. General discussion. I'm the representative to the Clean Cities Coalition and the dues are $200.00 a year. General discussion. Bandy: No report Guerber: No report I I. ADJOURNMENT: Bandy moves to adjourn. Seconded by Bastian. ALL AYE: MOTION CARRIES... Page 7 K:\COUNC'lL\MINUTES\Temporary Minutes Work Area\CC-06-19_07min doc Hearing no further business, the Council meeting adjourned at 12:05 a.m. Respectfully submitted: " ..... ,.:,. < . (€'(. .' c): ~ ... ~'.> .,.'~ ~ ..... ~ '## .,-.." #'" ..,~" f,.,........ SHAR N K. BERGMANN CITY CLERK/TREASURER APPROVED: A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT EAGLE CITY HALL Page 8 K\COUNClLl1\lINUTES\Temporary MinUles Work Area\CC.06-19-07mindoc Downtown Eagle: A Pedestrian and Family , // Friendly Downtown (� The Eagle Chamber of Commerce with the help of the City has been working over 1 %2 years on a feasibility study for stimulating the "downtown core" with extensive public input and research. It has asked the community, local businesses and property owners what they would need and like to see in the downtown. The results are: a tree -lined, pedestrian friendly, concentrated downtown area, a destination point for the entire family. Currently, many shops and restaurants are looking to other areas in which to locate, while our downtown core is stagnant. The "downtown core" would be from the intersection of W State St and Eagle Road, as a center point, and moving out only a few blocks in each direction. It will not cover the entire City of Eagle. Part Of the proposal is for a period of one year as follows: ➢ Allow trees to be removed at no cost and be replaced with more urban friendly trees, having the city arborist involved in the process. The vision is for a tree -lined "Main Street" feel to our city. ➢ Loosen the parking restrictions- and develop a strategic parking plan and for a parking structure in the future if needed. The other part is: ➢ To allow the building heights to be three stories. The first two stories will have to fit within the 40 foot height allowed now and if a third story is added it will have to be a residential component or a restaurant ancillary to the residential and stepped back as to not create a tunnel effect- this allows for mixed use buildings and will minimize the obstruction of views to the foothills in the "downtown core". The Chamber is not proposing changes to the architectural approval process which has created some beautiful buildings here in Eagle. It is asking to loosen some of the restrictions in order to start the process to a pedestrian and family friendly downtown. The Eagle City Council will be meeting on Tuesday June 19, 2007 at 5:30pm- at City Hall- to review the details of this proposal. If you can not be present at this meeting and would like to voice any concerns or have comments please email Teri Bath- President of the Eagle Chamber of Commerce at teri(a,ea2lechamber.com .4 --f-.. a +1 • 4 rt J 'II- , . 4,......i,;(,.... t%r 4: ..‘: '• a r t' .•. yr aW W. �'J�'ft r '1,`0* -d. -:sem .. S 1- of ..k A to n i+*'- • r y y .ria -0. ) '4.4.044-.t.',0,,—.,.... „ , *�i 1,,, # ,s�'f.. ° c' a ter" fir ,~ rr F 1 • • L - , -"ry -1-1f�+' 7r� k �w:1 4� ^E • ' r t 4 i{~4tk fr r - • s.. d5_,x' +i r;a 4 I sp j.-Jl • ..7:1 cif r EAGLE CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET . RZ-05-02 MOD - Development Agreement Modification (Lakemoor Development) — DMB Investments, LLC and Eagle Lifestyle Center. DR -22-07 - Retail and Restaurant Facilities within The Shoos at Lakemoor - Robert Brandon. Poag and McEwen Lifestyle Centers. DR -69-05 MOD — Modification to the Clubhouse Facility within Lakemoor Subdivision — DMB Develooment/Investments June 19, 2007 7:30 a.m. NAME C'.i I Wu - OB NI/ ccc3C.C. 5 ADDRESS/ TELEPHONE u1 F'k> Frx ?C 7 c c c ?Q(/K- QS3 8L(( 6 / Page 1 of I \.COUNCILAGENDA\CCSIGNUP IATI) TESTIFY YES/NO? PRO/CON J�. Vez d\Jo jU EAGLE CITY COUNCIL PUBLIC HEARING SIGNUP SHEET . RZ-05-02 MOD - Development Agreement Modification (Lakemoor Development) — DMB Investments. LLC and Eagle Lifestyle Center. DR -22-07 - Retail and Restaurant Facilities within The Shoos at Lakemoor - Robert Brandon, Poag and McEwen Lifestyle Centers. DR -69-05 MOD — Modification to the Clubhouse Facility within Lakemoor Subdivision — DMB Development/Investments June 19, 2007 7:30 p.m. NAME ADDRESS/ TELEPHONE Page 1 of . 1- I:I000NCILIAGENDAICCSIGNUP. WPD TESTIFY YES/NO? PRO/CON (G o— 9—o7 Eagle City Hall 660 E. Civic Ln./P.O. Box 1520 Eagle, Idaho 83616 (208) 939-6813 (ext.201) fax (208) 939-6827 A memo from the Deputy City Clerk To: Mayor & City Council CC: From: Tracy E. Osborn, CMC Date: June 19, 2007 Re: Addition to the Consent Agenada The Historic Commission is requesting the appointment of Nancy Suiter to fill the vacant position on the Commission. See attached Memo. If you so desire, please add her appointment to the Consent agenda tonight, her term will expire in November 2007. service with a smile! Eagle Historic Preservation Commission Memo To: Mayor Nancy Merrill/ City Council From: Laurie Baker, Museum Curator Date: June 14, 2007 Re: Appointment of new Commissioner to Historic Preservation Commission For some time now, the Historic Preservation Commission has been looking for an appropriate and willing individual to fill its fifth chair. It is my conviction that we have found such an individual and I am taking this opportunity to offer her name for your consideration for appointment to the Eagle Historic Preservation Commission. Nancy Suiter has been a proactive member of the Eagle community since she moved into the home she and her husband had constructed in January of 1977. Clarence, her late husband, was one of the first attorneys to have his office in Eagle while Nancy stayed home to raise their three daughters. Her in-laws, Glen and Melvina Suiter, lived in Eagle prior to Nancy and Clarence's taking up residence here and they started Skyline Gardens, originally an Iris garden and today, under Nancy's care, a small vineyard. Nancy also had the honor of naming Eagle Glen Road after her father-in-law and she has been active in theatre work since she was a small child. firmly believe that Nancy would be a fine addition to our Commission. She strikes me as thoughtful, insightful, conscientious and concerned, four qualities which I readily prize for a position such as this. 1 have no doubt that she would approach her Commission responsibilities with the same thoughtfulness and willingness that she demonstrated in the consideration she brought to accepting my offer of this position. I strongly recommend that you appoint her to fill the Commission's current vacancy, I have no doubt that she would be an asset both to that body and to the City of Eagle as a whole. 1 iC 6 -ICj—'7 Resolution 07-16 A RESOLUTION IN SUPPORT OF INCREASED REVENUES FOR THE STATE OF IDAHO AND LOCAL HIGHWAY JURISDICTIONS FOR HIGHWAY CONSTRUCTION, MAINTENENACE AND OPERATIONS. WHF,REAS, Idaho is the third fastest growing state in the nation and our population is projected to increase 56 percent by 2040 to over 2 million people; and WHEREAS, since 1978, vehicle miles traveled on Idaho roads have increased by 104 percent to 14.4 billion vehicle miles per year, and the number of vehicles registered has increased by 93 percent over the same period; and WHEREAS, Idaho's highway system includes approximately 60,000 miles of roadway and 4,000 bridges, of which 33,250 miles of roadway and 2,283 bridges are under the control of local highway jurisdictions (cities, counties and highway districts), with 300 miles of new roadway added to the local system every year; and WHEREAS, local highway jurisdictions spend more then $250 million annually on roads, with over 25 percent of this amount raised from property taxes and 43 percent from the state Highway Distribution Account; and WHEREAS, revenues from the state Highway Distribution Account have been stagnant since the late 1990s as a result of higher fuel prices, increased use of alternative fuels and more fuel efficient vehicles; and WHEREAS, Idaho's fuel tax is levied at a rate of 25 cents per gallon, which does not increase with rising fuel prices, and the last fuel tax increase was approved by the Idaho Legislature in 1996; and WHEREAS, the federal Highway Trust Fund has provided substantially higher than normal federal funding allocations, but with revenues outpaced by expenditures by more than $10 billion annually, the federal Highway Trust Fund cannot continue to support increased funding to states without a major tax increase; and WHEREAS, Idaho's transportation funding needs over the next 30 years are projected to be approximately $20 billion, with an ongoing funding shortfall estimated at $200 million annually; and WHEREAS, Rapid inflation in highway construction costs has eroded the purchasing power of available revenues and demands on the transportation system are outstripping revenues. 1 i NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Eagle, Idaho supports the recommendation of the Idaho Transportation Board for increased revenues amounting to a minimum of $200 million annually for highway construction, maintenance and operations. This Resolution shall be in full force and effective immediately upon its adoption and approval. ADOPTED by the Council of the City of Eagle, Idaho, this 19th day of June 2007. CITY OF EAGLE Ada County, Idaho NANCY C. MERRILL MAYOR ATTEST: SHARON K. BERGMANN CITY CLERK/TREASURER (SEAL) 2 Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT This First Amended and Restated Development Agreement This this "Development AgreementD, 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"), ai,141—II1 C�A‘Gh INC.DMB Investments, LLC, an Idaho mer. limited liability company ("DMB") and EAGLE LIFESTYLE CENTER, LLC, a Delaware limited liability company ("ELC"). DMB and ELC are sometimes referred to herein. individually or collectively. as the context dictates. as "Applicant." Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on March 10, 2005, as instrument number 105029058 (the "Original Development Agreement") shall be void and of no further force or effect. WHEREAS, the Applicant is the owner of record of certain real estate consisting of approximately one hundred eighty three (183) acres located south of the Boise River, and east of Eagle Road, Eagle, Idaho, all as shown on Exhibits Al and A2 ("Concept Plan") and described on Exhibit B ("Property"), which is the subject of an application for rezone, identified as Eagle Rezone Application No. RZ-5-02 and which is subject to an application for modification of development agreement. identified as Eagle Rezone Modification Application No. RZ-5-02- MOD: and WHEREAS, the proposed development includes properties within an area currentlythat, at the time the Original Development Agreement was recorded, were designated on the Land Use Map of the Comprehensive Plan as Mixed Use and zoned "R-2, R-1, and RUT (Ada County Residential Zoning Designation)"; and WHEREAS, the Applicant desires to develop the Property for office, commercial, residential and open space purposes as generally shown on •C,5,1r.;1/+4t�-�\ i—wfrftl-Ai(-the Concept Plan); and Dint Amended and Restated Desclopment Agreement - 1 S \Does\Poag & \1eBken Lilest‘le Centers\Eagle, Idahil\-\TCH1Amended & Restated Del. Agroul EX Hi (SEB hlakkline 6-I5 & JCB hlackhnel DOC .. 1!`o 1Ja,.I line (, l6-1 D(X' WHEREAS, the City Council of Eagle has determined that the scope of any office, commercial and residential project upon the Property should 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 right of tie Applicant to use, enjoy and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure 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 the Mixed Use District ("MU -DA") zoning designation for the Property with the requirements set forth in the Original Development Agreement as replaced by this Development Agreement; and WHEREAS. this Development Agreement provides approval of a height exception as allov,ed by Eagle City Code Section 8-2A-6(B)(6)(a) because this Development Agreement is aanroved in lieu of a PUD as described herein; and WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-2-1, the Original Development Agreement as replaced by this dv'. z rrr.tntray.«z will Development Agreement is to be used in -lieu of the PUD and conditional use process; and WHEREAS, -ownet,DMB and ELC as owners of the Property hashave previously provided Eagle with an affidavitaffidavits agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and WHEREFORE, Applicant and the City of Eagle desire to enter into this Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE IARTICLE I LEGAL AUTHORITY 1.1 -1,1-This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II"RTIC r. it COMPREHENSIVE PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT 2.1 2,1 -Eagle has adopted, by resolution, an amendment to the Land Use Map of the Eagle Comprehensive Plan to designate the Property Mixed Use, as described in Chapter 6 of the Eagle Comprehensive Plan. First Amended and Restated Development Agreement - 2 S.\Docs\Poag & NIcEucn l.ilc,t) Ie ('enters\Eagle, Idaho\AT('H\Amended & Restated Des Agr(no EXIT) (SEB hlackline 6-15 & JCB hlackhnc) DOCStiDaeu.\RL . . 2,2 -Eagle will adopthas adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property i at :::kjcct of the application to the U::c `,MU -DA..), subject to the provisions of this Development Agreement. The ordinance will eiehecame effective after its passage, approval. Eget date of publication and Ordinance #1 and publication and the execution and recordation of this the Original Development Agreement and Ordinance # will continue to be effective after the execution and recordation of this Amended and Restated Development Agreement. ARTICLE MART -10444U CONDITIONS ON DEVELOPMENT 3.1 3.1 ArriicartDMB and ELC will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, ApplicantDMB and ELC. as applicable will submit such applications regarding floodplain 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, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Development Agreement. 3.2 34The residential Area A ("Carriage Home Sites") as depicted on Exhibit A2 shall be developed by DMB in a combination of attached town homes and detached patio homes at an approximate density of five units per acre. • Setbacks and Minimum lot size proposed for the Carriage let -;Home Sites: Front 15 feet Rear 10 feet Common Side (town home) 0 feet Interior Side 5 feet Additional Setback for Multi -Story structures 5 feet Street Side 15 feet Minimum Lot Size 5,000 square feet Any reduction of lot sizes below the minimum lot size of the standard lot within the MU -DA zone (7,000 square feet) shall require an offsetting increase of the same square footage of open space. The specific calculation for the offsetting increase of open space and such open space shall be incorporated into and shall be reviewed with the preliminary plat for Area A. The residential Area B ("Luxury Home Sites") as depicted on Exhibit A2 shall be developed by DMB for single-family detached homes at an approximate density of two units per acre. First Amended and Restated Development Agreement . 3 S:1Docs\Poag & McEwen Lifestyle Centers\Eaele. Idaho\ATCH\Amended & Restated Des Air Ino EXH) tSEB hlackline 6-15 & JCB hlackhnel DOC. ! . JCB h.la l ine 6 u, DOC Setbacks proposed for the Luxury lot+;Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 5 feet per story Street Side 20 feet The residential Area C ("Custom Home Sites") as depicted on Exhibit A2 shall be developed by DMB in single-family detached homes at an approximate density of four units per acre. • Setbacks proposed for the Custom le+Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 2.5 feet per story — When the 2nd story wall section is designed to be offset toward the inside of the house from the lower story so that there is "break" in the plane of the wall sections between stories then the second story setback may be reduced by 2.5 feet. 5 feet per story - When the first and second story wall sections are designed as a flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet. For the purposes of implementation of the setbacks noted herein, the first story shall have a top plate no higher than ten feet (10'). Street Side 20 feet The residential portion of this development proposal is recognized by Eagle and ApplicantDMB as a desired component to a mixed use development. A residential component substantially in conformance to that depicted in the Concept Plan shall be maintained. 3.3 3.3 The Mixed Use O=ficx Pari: A:xt::Commercial Area D hof the Property, as depicted on Exhibits A2 and A3-afe, is proposed to be developed by ELC with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.7710 below*). a copy of which is attached as Exhibit C. Buildings up to a maximum of -1-050,000 square feet each are permitted for this. in area. This square foot—iitnit ties-does—not apply to Fitness/Indoor Rclrxutien Facilities. Education Facilities, and Hotels. Area D. The First Amended and Restated Development Agreement - 4 S.\Docs\Poco & 'vIcEs en Lifestyle Centers\Eagle. Idaho\ATC'H\Amended & Restated De). Agr (no EXH) (SEB hlacl.line 6-I5 & JCB hlackline) DOC JCB Noel:line 6 161 DOC maximum height of commercial huildinesunder Eagle City Cod::. f1.c:/iaa L' i 1 shall be 50 feet: non -habitable architectural elements shall he a maximum height of 60 feet for non habitable architectural element.. The setback from East Eagles Gate Road for the buildings identified as Building 300 and Building 600 shall he a minimum of 10 feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.4 1..1 Thi Mixed Use Corporate Caml;t;:; Arti.-..; F. C. 1-I rr4 i a>; he Property as depicted on Exhibit A2 are to be divi1iij id v. 4; ::::riih.:•r.xtion of any office and commercial uses Arca E. depicted on Exhibit A2, may be developed similar to the commercial uses proposed to he developed by ELC within Area D (except as limited in Section 3.10 below). If ELC or DMB docs so develop Area E. buildings un to a maximum 50,000 suuare feet each are permitted for this Arca E and multiple buildings are permitted to he located on the same lot. provided however. that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. The maximum height of commercial buildings tinder Eagle City Code. Section 8 2-4 shall be 50 feet: non-hahitahle architectural elements shall be a maximum height of 60 feet Few rim htltitnki;t :-;:.tTiznt:-T. If Area E does not become an expansion of the commercial uses proposed to be developed within Area D. Area E shall he de%eloped as provided in Section 3.5 below. 3.5 If Area E of the Property. as depicted on Exhibit A2. does not become an expansion of the commercial uses proposed to he developed within Area D as provided in Section 3.4 above. Area E is to be developed by DMB with a combination of any office and retail uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.710, belowH. a cony of which is attached as Exhibit C. Buildings up to a maximum of X50,000 square feet each are permitted for this area. except that mad. I,uililinzN, at Ji. x ntuximum of 10,00) square feet each.. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels. The maximum height of Hotels and Office Buildings - _ - b 2 shall be 50 feet: non -habitable architectural elements shall he a maximum height of or 60 feet for pan iv&hit')tla i,r hitectural element:i. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.6 3.5 The Mixed Use Corporate Campus Areas F. G, H and I of the Property. as depicted on Exhibit A2. are to be developed by DMB with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.10. below). A privately owned and operated special events facility and clubhouse, consisting of reception areas. meeting rooms, dining facilities. and indoor and outdoor recreational facilities, which special events facility may also function as a clubhouse for the owners of residential properties to be developed on the Property. shall be a permitted use in Area F. Buildings up to a maximum of 100.00( square feet each are permitted for this arca. except that retail buildings shall he a maximum of 50.000 suuare feet each. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities. Education Facilities. Office Buildings and Hotels. The First Amended and Restated Development Agreement - 5 S•\Docs\Poae 1cE,ten LAI e o. ItCenter, \Eaglc, Idaho\ATCH\Anunded & Restated De% AIN (no EXII) (SEB black line h-15 & JCB black line) DOC. !-, ^_ rvn.(SEBhlaL 6..e6 i5 y. maximum height of Hotels and Office Buildings mdcr EazIc City Code Section 8 2 1 shall be 50 feet: non -habitable architectural elements shall be a maximum height of—er— 60 feet for non l+ahit t14 w:a'i:keeKr.•r1 zylcrlent:.. Multiple buildings are permitted to be located on the same lot, Provided however. that the maximum lot coverage reuuirements stated in Eagle City Code are not exceeded. 3.7 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3, 3.4, 3.5 and 3.6 as allowed by Eagle City Code Section 8-2A-6(B1(6)(a) based on the Design Guidelines. defined below. substantially in compliance with Exhibit E.F attached hereto; and incorporated herein by reference. and the ELC Design Guidelines. defined below. substantially in compliance with Exhibit F. attached hereto and incorporated herein by reference. 3.8 The total square footage of building area for retail uses allowed in ECC Section 8- 2-3 within this development shall not in the aggregate exceed 125330,000 square feet. 3.9 3.6 The Areas of the Property labeled H and I as depicted on Exhibit A2 are encouraged by Eagle to be developed by DMB with apartments or multi -family dwellings, with a maximum density of up to 16 -units per acre. 15% open space within Areas H and I will be required if developed as multi -family residential. However, the use of Areas H and I as indicated on the Concept plan Plan (office) is approved as part of this development Development agreementAwreement. A change in the development of these Areas from office to multi -family residential (as encouraged herein) will not require a modification to this development aAgreement. This change may be considered at the time a design review application is made for these Areas. 3.10 3.7 All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall be considered permitted uses. All uses shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall require a conditional use permit, except the residential portions of the Property described in Section 3.24 shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on_the Property: ■ Residential, Mobile Holme (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters; • Residential, Mobile Horne Park; • Commercial, Adult Business; ■ Commercial, automotive, mobile home, travel trailer, and/or farm implement sales; • Commercial, Cemetery; • Commercial, Drive -In Theatre; • Commercial, Mortuary; • Commercial, Storage (fenced area); First Amended and Restated Development Agreement - 6 S1Docs\Poae & 11cEm.en Lltelh le C'cntcn\Ea Ic, Idaho\A'I'CH\Amended & Restate] De% :\er (no EXII, (SEB hlac4.lmc 6-15 & JCB blacklmti DOC _ • Industrial, Railroad yard or shop; • Industrial, Terminal yard, trucking: and • Industrial, Truck and equipment repair and sales (heavy). However, if the permitted and conditional uses in the MU zoning designation are expanded, such expanded uses shall be allowed as permitted or conditional uses as the case may be. 3.11 - .1 Except for the limitations and allowances expressly set forth above and the other terms of this Development Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", a copy of which is attached as Exhibit C. 3.12 3.9 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) (a) An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities. (b) A requirement insuring compliance with the Design Guidelines or ELC Guidelines. as applicable. approved with this Development Agreement. 3.13 3.19 All development within the PropertyAreas A through C and F through I, as depicted on Exhibit A2, shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit E and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on Exhibit A2. shall be consistent with the Site Design Guidelines ("ELC Design Guidelines") attached hereto as Exhibit F and eenerally consistent with the Concept Plan attached hereto as Exhibits Al and A2. The Concept Plan attached hereto indicates the general nature and relative location of certain elements for the Property. The intent of this Development Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (the round -abouts, center islands, and street trees) shall be required design elements as part of the final design for the site and the overall open space for the site (including tht p d; rra; Area J) !;hall remain a 1111111111144%-01—(444.70 and Area E shall be 2.5% in the aggregate, and open space for Area F and G shall he 2.5% in the aggregate. and open space in Area H and Area I (subject to Section 3.9 above) shall be 25% in the aggregate. For the purpose of this Development Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual residential lots within Areas A, B, and C. bc3n-tirix:; vr.:'—s-1r1'2 c4;mply .vith J11. irgrlicabla E 11 l -wer District's regulations and conditions prior to the submittal of a 'itiar1pl» ijpl icyriftn. Prier to it:rr:ce of any building First Amended and Restated Development Agreement - 7 sADocslPoao & McEtien Latest%le Ccntcr'.\Eagle. IdaholATCH\Amended & Restated Do \gr(neo EXH1 (SEB 6-I5 & JCB hlac61mc1 DOC permit:;, App:ic;::.; shall provide proof of central ;T;tr.'tr :.crviee is the rrap3:r 1--r;,:;i 1c;:tic.I acid conmmcry:l u:;i.;. A let-ter—ef arrr ox 1 :?i�,'1l he provitlyi it the City frwrr, the kildra Department of HeNlIth sczi \ ' /a:1 Divi: -,ion of Environmental Qua1ky, ::rtlla: Cc ural DI lealth. prior to issuance of WI j' bufR#wg permit.:;. 3.14 Z. i 2 Artplica;tt :;hall provide a report or wrraly:;i:; tf any prtiit:;ctl Atr.gt:; to wetlands located on the Property ..;.i art; :AUK! ti,;t,inge;,t i p a approval by the Army Cy p of=Pyre : Emla rtr„1 any 3thv tpprxtiriatc governmental agencies, and shall be in accordance r, itk the Eagle Compi'Vi:✓r.:rt: s Plat a7 t-Cky Code. Applicant agrees all development and improvement of the Property shall comply with applicable rules and regulations pertaining to regulated wetlands. 3.15 3.13 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.4415.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) may be used for flood water holding capacity and the area therein may be used as part of the site's no net loss calculation if the area is included within the corporate limits of the City of Eagle and is subsequently approved as part of the floodplain development permit pursuant to Title 10 of the Eagle City Code for the overall development. 3 16 3.11 Alsplicvtt,DMB shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one hundred -foot (100') wide landscape common area (not including right-of-way) along the portion of the property Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the pProperty will was be—addressed as a part of the preliminary plat application for the propertyProperty. 3.17 3.15 ApplicantDMB shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum ten (10) foot wide public asphalt pathway in a landscaped strip located within the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2, upon recordation of the final plat(s) wherein the pathway is located 3.18 3.16 ApplicantDMB shall provide bus stops as may be recommended by Eagle. 3.19 3.17 Building placement shall be designed such that parking areas are not concentrated between the buildings and Eagle Road. The narking areas depicted on the Conceptual Plan for Area D depicted on Exhibit A3 are not considered to be concentrated between the buildings and Eagle Road. The side of any buildings facing Eagle Road shall be First Amended and Restated Development Agreement - 8 S:\Docs\Poag & N1cEv,en Lifestyle (•enters\Eaelc, Idaho\ATCH\Amended & Restated De% Aar (no EXH) (SEB hlacklinr 6-I5 & JCB blacklmc) DOC ;� _ provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 3.20 3.1S ?.p fl scar tDMB shall keep and maintain for use on the Property such irrigation water rights as are reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas on the Property. In the event that ApplicantDMB desires to transfer, sell or convey any excess water rights (that is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on the Property), ApplicantDMB shall first submit to Eagle reasonable written evidence that such water rithts proposed for transfer are not necessary to provide an adequate source of irritation water for the landscaped areas on the Property, includint Areas D and E, and reasonable written evidence of the agreement to purchase said water rights by a third party purchaser and the price and complete terms agreed to be paid therefore. Eagle shall have forty-five (45) days after receipt of said notice within which to elect, in writing, to purchase such water rights upon the same terms which ApplicantDMB is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the water rights within the said forty- five (45) day period, the first right of refusal created hereby shall terminate and ApplicantDMB shall be entitled to sell its water rights free of any right or claim of right by Eagle. ApplicantDMB shall have no obligation to Eagle hereunder in the event ApitheafftDMB sells, transfers or conveys any such excess water rights to any person or entity affiliated with Applicant.DMB. As used herein, an affiliated person or entity is one which owns, is owned by, or shares any common ownership with App4i-eantDMB. 3.21 3.19 Subject to the conditions and limitations set forth herein, ApplicantDMB shall provide a park site along the eastern boundary of the Property in Area J as generally depicted in Exhibit A2 attached hereto (hereinafter "Park Site") which Park Site is to be developed, owned and maintained by and at the expense of Eagle. The .lplali m-4,DMB's obligations to provide the said Park Site shall be fulfilled as follows: A. A. Upon recordation of a final plat of any portion of the Property, ApplicantDMB shall enter into an agreement to lease the Park Site to Eagle for use as a public park or for other public purposes reasonably acceptable to ApplicantDMB, such purposes and terms to be specified in the lease agreement. Said lease agreement shall include, among other provisions acceptable to thDMB and Eagle, a provision permitting the ApplicantDMB to use and occupy the Park Site for grazing or other uses not inconsistent with this Development Agreement and Applicrt'::DMB's development project until such time as Eagle is prepared to fully develop the public facilities thereon. B. 13. Upon completion of a road or roads constructed to ACHD standards by ApplicantDMB to provide public access to the Park Site, ApplicantDMB shall dedicate the Park Site to Eagle, which such dedication shall be subject to the following restrictions and reservations: Fust Amended and Restated Development Agreement - 9 S:\Docs\Porte & McEwen Ldest%le Centers\Earle, Idaho\ATCH1Amended & Restated Dec Aer EXHt_(SEB hlacklinc (-15 & JCB blackhne).DOC.: '•.:r . r , I. 1. The Park Site shall be restricted for use only as a public park and shall act as a non-residential buffer for Boise City's waste water treatment facility and any expansions thereof, located easterly of the Property. 2. Dedication of the Park Site shall be subject to all reservations, restrictions and easements established of record or by use upon the Premises. Subject to the provisions of subparagraphs 4 and 5 below, (a*-Zno such reservations, restrictions and easements made by ApplicantDMB shall impair the future use of the Park Site by Eagle as described in this Development Agreement; and (b)-Zthe Park Site shall not be made subject to any restrictive covenants Arp-1-ieatitDMB may impose upon any other portion of the Property. 3. 3. Eagle shall obtain Applicant':TDMB's written approval for any and all improvements to be made to the Park Site prior to the commencement of construction or installation thereof, such approval not to be unreasonably withheld or delayed over thirty (30) days from the date sent to the Applicant.DMB. Failure of the applicantDMB to respond to the City within the 30 -day period is deemed as approved by the appi-ieati+DMB. 4. 1. The dedication shall be subject to a reversionary interest in the ApplicantDMB in the event that at least fifty percent (50%) of the total area of the Park Site has not been developed for use as a park or other public purposes reasonably acceptable to Apfrkem1{DMB within five (5) years after the date of dedication thereof to Eagle. Once fifty percent (50%) of the total area of the Park Site has been developed, the reversionary interest is extinguished. 5. f. The dedication shall be subject to a reservation of a public road right-of-way of up to 100 feet in width along the southerly boundary of the Park Site as generally depicted in IE bitExhibits Al and A2 attached hereto for a public road connection to the east. C. C. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by ApplicantDMB pursuant to the provisions of subparagraph B.3., above, prior to the completion of construction of a public road as described in subparagraph B, above, Eagle may so advise ApplicantDMB thereof in writing and ApplicantDMB shall dedicate to Eagle the portion of the Park Site which Eagle intends to develop and shall provide Eagle a temporary easement for access thereto, subject to the following: 1. 1. —The location of the temporary access easement shall be reasonably determined by ApplicantDMB. 2. 1 AppIicrir.tDMB shall, within 120 days of Eagle's request therefore, weather permitting, rough grade a 20 foot wide temporary roadway in the temporary easement area. Eagle shall be responsible for all other necessary First Amended and Restated Development Agreement - 10 S \Docs\Pod & \1cEv.en Lite.t3 Ir ('enters\Eagle, Idaho\A•1 CFI\Amended & Re.iated Des Aer (nu EXI I) (SEB hlackhne 6-15 & JCB blacklme) DOC- e _m, nded-Br-Rcpt :. • - roadway improvements as may be approved by hemntDMB, such approval not to be unreasonably withheld. 3. .. Eagle shall be responsible for the maintenance and repair of the temporary roadway and shall provide for dust abatement thereon. 4. 1. Api-AicaraDMB may, at it-sDMB's cost, relocate the temporary roadway, provided that such relocation shall not materially interfere with access to the Park Site. 5. S. The temporary easement, or any unnecessary portions thereof, shall terminate as construction of a public road providing access to the Park Site is completed. 6. Eagle shall defend, indemnify and hold ApplicantDMB and its directors, officers, agents, employees, successors and assigns harmless from any and all claims, actions, causes of action, damages or liabilities of any description ("Claims") arising out of or in any manner connected with the use of the temporary easement and roadway, except Claims arising out of the intentional or willful misconduct of ApplicantDMB and its directors, officers, agents, employees, successors and assigns. D. a .'\urlicaat':;DMB's dedication of the Park Site shall include any and all water rights and/or water shares or certificates evidencing the same, which are appurtenant to the Park Site, the amount or number of which shall be calculated on a proportionate basis with the rights appurtenant to the Property; provided that Eagle shall be responsible, at its—Eagle's sole cost and expense, to (a)—)_deliver irrigation water to Applicant'sDMB's property at the western boundary of the Park Site at such locations as may be required for the continued flood irrigation of Applicant'sDMB's property, it being understood and recognized that ApplicantDMB presently has a right to receive irrigation water at three locations along the eastern boundary of the Park Site and, unless otherwise agreed, will require delivery of irrigation water at three locations westerly thereof in the locations depicted on Exhibit D attached hereto; and (b)-Lto take such action as may be required in order to prevent irrigation and other surface water from flowing, migrating or draining onto the A lsliirar':;DMB's property located westerly of the Park Site. Applicant DMB shall not sell or otherwise transfer any water rights/shares appurtenant to the Park Site prior to its dedication to Eagle nor shall ApplicantDMB impair or impede the existing works which deliver irrigation water to the Park Site. E. E. To the extent permissible under the law, the ApplicantDMB shall be entitled to claim any available income tax benefits which may arise out of tkc Applicruft':;DMB's donation (and, if applicable, development) of the Park Site as set forth herein, and Eagle shall cooperate with ApplicantDMB in seeking any such tax benefits. F. F. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by ApplicantDMB pursuant to subparagraph B,3.. First Amended and Restated Development Agreement - 11 S\Docs\Pori & N1cEv.en Lifest4le ('enters\Earle, Idaho\AT('H\Amended & Restated Del. ALIT (no EMI) (SEB hlackhnc 6-15 & J('B hlacklme) DOC.: :r . r • 1C -B 1.1..,.1.1..•.. 1. I l) DOC above, DMB shall, within 120 days of Eagle's request therefore, weather permitting, provide rough grading and general contouring in conformance with such approved plans on a phase by phase basis as the Park Site is developed. Nothing contained herein shall be construed to require ApplicantDMB to construct any improvements beyond rough grading and general contouring, including but not limited to irrigation or drainage facilities nor shall ApplicantDMB be obligated to import any material to the Park Site in order to perform such rough grading and general contouring. 3.22 3.29 Considerations specifically regarding gravel extraction operations and stub streets to adjacent properties will be addressed as part of the City's review of any preliminary and final plat applications for the p ertyProperty. ARTICLE IVARTICLE IV AFFIDAVIT OF PROPERTY OWNERS 4.1 1.1 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 VARTICLE V DEFAULT 5.1 fort—In the event Applicant or any successor 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 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. However, if a default occurs after the Property is divided, any termination shall only affect the lot or parcel in default and shall not affect other portions of the Property. 5.2 f.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the enforcing party 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 attorney's fees and court costs. 5.3 5,3 If anv term. provision. commitment. or restriction of this Development Agreement or the application thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable and not voluntarily adhered to by Applicants and their successors notwithstanding any such invalidity or unenforceability, the remainder of this instrument shall terminate and the zoning of the pPropertv (except that portion thereof for which a plat has been recorded or which has otherwise been improved in accordance with the provisions of this Development Agreement) shall revert to the A -R (Agricultural Residential) zoning designation, unless the portion of this instrument determined to he invalid or unenforceable is re -negotiated in First Amended and Restated Development Agreement - 12 S\Docs\Poae & McEwen Lltest\le Centers\Eaelc, Idaho\ATCH1Amendcd & Restated Des Agr(nu EXI-1> (SEB hlackline 6-15 & JCB hlackline).DOC_ good faith between Applicants (or other appropriate party) and Eagle as an amendment to this Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code 5 67-6509 and Eagle City Code Section 8-10-1, ARTICLE VIA« (X2i VI UNENFORCEABLE PROVISIONS 6.1 6.1 I: any tcrr.., pr t vi:,;;,r,, commit1tic44x t: rc::;r+;titre of titi:; Ag. tcment or the application thereof tc aLy Fal: y yi clx. Imo, Itoli .rr.'J 1 rr uncnf✓••ccrk,li, ttii tr./minder of 'hi:: :•r.Ca..:rl:rr/. :,rill. i✓, "l'tltcis,;:; remain in full - a rz n&gctizetzd in good faith between NiIt: Applicant (or other apprepria,c ft:ty) ard .-he City. Subject to terms of Section 5.3 above. if anv term. provision. commitment. or restriction of this Development Agreement or the application thereof to anv nary or circumstances shall. to anv extent. be held invalid or unenforceable. the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in Good faith between Applicants (or other appropriate party) and Eagle. ARTICLE VII"RTICr E \ II ASSIGNMENT AND TRANSFER 7.1 7.1 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 contained herein shall be a burden on the Property and shall be appurtenant to and for the benefit of the Property and shall run with the land. This Development Agreement shall be binding on Eagle and 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 Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or Lots within the Property. 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 Development Agreement with respect only to such owner's lot or parcel. ARTICLE VIIIART.K L VIII GENERAL MATTERS 8.1 1?.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. 8.2 Exceptions and Variances. _Nothing in this Development Agreement shall be construed to prevent Applicant, nor shall Applicant otherwise be prevented, First Amended and Restated Development Agreement - 13 S:1Docs\Poag & McEwen Lifestyle Centers\Eaglc, Idaho\A'1'C'H1Amended & Restated Des Agr (no EX H) (SEB blackl ne 6-15 & JCB blacklinc) DOC !. • from seeking, by appropriate application thereof, approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle City Code. 8.3 8.3 Para;7ranh Headines.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. 8.4 E'..1 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. 8.5 es 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: With Copv to: City of Eagle 310 E. State Street Eagle, I-Dldaho 83616 Susan E. Buxton Moore Smith Buxton & Turcke. Chtd. 950 W. Bannock Street. Suite 520 Boise, Idaho 83702 £�cDMB: DMB, Inc. Attn: Dennis M. Baker 250 S. Beechwood, Suite 120 Boise, Idaho 83709 With Copy to: Stephen A. Bradbury Fuhrman,Williams Bradbury & Eiden, P.A. PC PC Bar: 19C1c7 —1015 West Hays Street Boise, ID 8370183702 First Amended and Restated Development Agreement - 14 5 \Does\Poaz & McEs'.en Ltlestvle Ccntets\Eaglc Idaho\ATCH\Amcnded & Restated Des Aer (no EXH)(SEB hlatkline 6-15 & JCB black -line) DOCS \Does\Poag & WENN en Lifestyle Centers\Ea, le, Idaho\AGR \amended & Restat. d Dev A, r Ino EXH) (SEB ' 4a€4 ,.e 6 15 & ELC: With a Copy to: And With a Cony to: c/o Poag & McEwen Lifestyle Centers. LLC 6410 Poplar Avenue, Suite 850 Memphis. Tennessee 38119 Attn: Joshua D. Poaa cc: Robert L. Rogers, Jr. Bass, Berry & Sims PLC 315 Deaderick Street. Suite 2700 Nashville. Tennessee 37238 Attn: Lori B. Morgan Christopher L. Haley JoAnn C. Butler Spink Butler, LLP 251 East Front Street. Suite 200 Boise. Idaho 83702 or such other addresses and to such other persons as the parties may hereafter designate as provided herein. Any such notice shall be deemed givendelivcred upon delivery if by personal delivery. upon twenty-four (24) hours after deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit in the United States mail, if sent by mail pursuant to the foregoing. 8.6 8.6 Effective Date. original of this Development Agreement. _This Development Agreement shall be effective upon recordation of a fully executed and notarized IN WITNESS WHEREOF, the parties have executed this First Amended and Restated Development Agreement. DATED ThiAhis day of August. 2003 . 2007. CITY OF EAGLE, 7t n1►unLi •r1. • ef-r14401-1 anwii,::ed and existiii` un•isr flit Iwr;i; of the Ctwit f 11,17210 Ily: ATTEST: N.an::y C. "grill, 1.1/4lZy1,1 Eh�cr.l� K. Moore, City Clerk I -Int Amended and Restated Development Agreement - 15 S 1Do.s\Poae & R1. Earn Latest y Ir ('entersTaele, Idahu\ATC11\Amended & Restated Det Aer (nil EXIl) (SEB klme 6-15 & JCB blacklme).DOC Y._ u_ .... , Icr.n €B b1..e1 1..,., i 1 i., DOC BW EAGLE. INC. Dy: Baker, President ainI i M. CITY OF EAGLE, a municipal corporation organized and existing udder the laws of the State of Idaho B v: ATTEST: Nancy C. Merrill. Manor By: Sharon K. Moore, City Clerk DMB Investments. LLC. an Idaho corporation By: Dennis M. Baker. President EAGLE LIFESTYLE CENTER. LLC. a Delaware limited liability company Bv: Poag & McEwen Lifestyle Centers — Eagle. LLC. Its Manager Bv: Name: Title: First Amended and Restated Development Agreement - 16 S:1Docs\Poag & '.1cEs%en Ldest% le ('cntcrs\Eai Ic Idaho\ATCH\Amended & Restated De% Act- till) LXI I t t SEB hl tckhne 6-15 & JCB hlacklinel DOCSADo_.`P:'c= L ".1.5:::: STATE OF IDAHO ) . ss. County of Ada ) On this day of , 20032007, 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) H. County of Ada ) On this day of . 2003, before thuvvti gns u.tw:y /fib 1:;, ;'.:.ad for the sail i:Late\ ftro lne& a►rpeared DENNIS M. DAKE'2. 1:7.0 z or identified to me to be an Tri/Iiiit4ti :iigiu tory of the property referenced herein and the person who executed the foregoing instrument. IN W'ITNUC WHEREOF, I hay t lcareuntt, t.st iuy lwr.d--alnrll :;4141rAs ice; urtJ )var first above written. Notary Public for Idaho My Colnmissiurt I - 'csl,: STATE OF IDAHO ) ss. County of Ada On this day of . 2007. before me. the undersigned. a Notary Public in and for said State. personally appeared DENNIS M. BAKER. known or identified to me to be the President of DMB Investments. LLC. the Idaho limited liability company that executed the within and foregoing instrument. or the person who executed the First Amended and Restated Development Agreement - 17 S \Docs\Poae & McEwen Lifestyle C•cnter`1Eacle. Idaho\ATC'H\Amended & Restated Des Aer (no EXH I (SEB blacklme 6-15 & JCB blacklme) DOCS s\"s._ F. L.:--.- :.__ ^`'n` - -- \.,: . 1 instrument on behalf of said Idaho limited liability company. and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: STATE OF ss. County of On this day of . 2007, before me. the undersigned, a Notary Public in and for said State. personally appeared , known or identified to me to be the of Poaa & McEwen Lifestyle Centers—Eagle. LLC. the Manager of Eagle Lifestyle Center. LLC. the Delaware limited liability company that executed the within and foregoing instrument. or the person who executed the instrument on behalf of said Delaware limited liability company. and acknowledged to me that such Delaware limited liability company_ executedthe sane. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at My commission expires: First Amended and Restated Development Agreement - 18 S \Does\Poae & McEv.en Lile.tvle Ccntcrs\Eaelc. Id,du,\ATC11\Amcndcd & Restated De% Aer(nu EXHI (SEB hlaLkline (1-15 & JCB RI_r. ...l.f..... 1-/•........ L -it .Ie 1.1..1...\ACnl ,_--_,.-1 c n 14044 ISgg 1.1...1.1.....6. 15 r. hlaeklincl DOCS-�+r+lt� ..r °: �--- - - _... ..._...._.. _ ...... , .,.. .�- (: _• - 1r -Q 1.1x..11... ( 1{S, D(X INDEX OF EXHIBITS A 1 - Concept Plan of Property page 1 A2 Concept Plan of Property page 2 A3 Concept Plan of Area D of Property B Legal Description of Property C - Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" D - Location of Irrigation Water Deliveries E Design Guidelines F ELC Design Guidelines First Amended and Restated Development Agreement - 19 S:1Docs\Poag & S1cEucn Lifestvle Centers\Eaelc, Idaho\ATCH\Amended & Restated De% Agr(no EX1-1)(SEB hlackhnc 6-15 & JCB hlackline).DOC..- CB 61 ...LI,ne I6 DOG RECEIVED & FILED Recording Requested By and CITY OF EAGLE When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 JUN 1 9 2007 File: Route to: For Recording Purposes Do Not Write Above This Line FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT This First Amended and Restated 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"), DMB Investments, LLC, an Idaho limited liability company ("DMB") and EAGLE LIFESTYLE CENTER, LLC, a Delaware limited liability company ("ELC"). DMB and ELC are sometimes referred to herein, individually or collectively, as the context dictates, as "Applicant." Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on March 10, 2005, as instrument number 105029058 (the "Original Development Agreement") shall be void and of no further force or effect. WHEREAS, Applicant is the owner of record of certain real estate consisting of approximately one hundred eighty three (183) acres located south of the Boise River, and east of Eagle Road, Eagle, Idaho, all as shown on Exhibits Al and A2 ("Concept Plan") and described on Exhibit B ("Property"), which is the subject of an application for rezone, identified as Eagle Rezone Application No. RZ-5-02 and which is subject to an application for modification of development agreement, identified as Eagle Rezone Modification Application No. RZ-5-02- MOD; and WHEREAS, the proposed development includes properties within an area that, at the time the Original Development Agreement was recorded, were designated on the Land Use Map of the Comprehensive Plan as Mixed Use and zoned "R-2, R-1, and RUT (Ada County Residential Zoning Designation)"; and WHEREAS, Applicant desires to develop the Property for office, commercial, residential and open space purposes as generally shown on the Concept Plan; and First Amended and Restated Development Agreement - 1 C:1Documents and Settings\mwilliams\Local Settings\Temporary Internet Files1OLK361Amended Restated Dev Agr (no EXI.1) (CLEAN 06-19- 07).DOC WHEREAS, the City Council of Eagle has determined that the scope of any office, commercial and residential project upon the Property should 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 right of Applicant to use, enjoy and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, 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 the Mixed Use District ("MU -DA") zoning designation for the Property with the requirements set forth in the Original Development Agreement as replaced by this Development Agreement; and WHEREAS, this Development Agreement provides approval of a height exception as allowed by Eagle City Code Section 8-2A-6(B)(6)(a) because this Development Agreement is approved in lieu of a PUD as described herein; and WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-2-1, the Original Development Agreement as replaced by this Development Agreement is to be used in -lieu of the PUD and conditional use process; and WHEREAS, DMB and ELC as owners of the Property have previously provided Eagle with affidavits agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8-10-1(C)(1); and WHEREFORE, Applicant and the City of Eagle desire to enter into this Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II COMPREHENSIVE PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT 2.1 Eagle has adopted, by resolution, an amendment to the Land Use Map of the Eagle Comprehensive Plan to designate the Property Mixed Use, as described in Chapter 6 of the Eagle Comprehensive Plan. First Amended and Restated Development Agreement - 2 C:1Documents and Settings\mwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to MU -DA, subject to the provisions of this Development Agreement. The ordinance became effective after its passage, approval, [get date of publication and Ordinance #] and publication and the execution and recordation of the Original Development Agreement and Ordinance # will continue to be effective after the execution and recordation of this Amended and Restated Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 DMB and ELC will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, DMB and ELC, as applicable will submit such applications regarding floodplain 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, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Development Agreement. 3.2 The residential Area A ("Carriage Home Sites") as depicted on Exhibit A2 shall be developed by DMB in a combination of attached town homes and detached patio homes at an approximate density of five units per acre. • Setbacks and Minimum lot size proposed for the Carriage Home Sites: Front 15 feet Rear 10 feet Common Side (town home) 0 feet Interior Side 5 feet Additional Setback for Multi -Story structures 5 feet Street Side 15 feet Minimum Lot Size 5,000 square feet Any reduction of lot sizes below the minimum lot size of the standard lot within the MU -DA zone (7,000 square feet) shall require an offsetting increase of the same square footage of open space. The specific calculation for the offsetting increase of open space and such open space shall be incorporated into and shall be reviewed with the preliminary plat for Area A. The residential Area B ("Luxury Home Sites") as depicted on Exhibit A2 shall be developed by DMB for single-family detached homes at an approximate density of two units per acre. First Amended and Restated Development Agreement - 3 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no MI) (CLEAN 06-19- 07).DOC • Setbacks proposed for the Luxury Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 5 feet per story Street Side 20 feet The residential Area C ("Custom Home Sites") as depicted on Exhibit A2 shall be developed by DMB in single-family detached homes at an approximate density of four units per acre. • Setbacks proposed for the Custom Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 2.5 feet per story — When the 2"d story wall section is designed to be offset toward the inside of the house from the lower story so that there is "break" in the plane of the wall sections between stories then the second story setback may be reduced by 2.5 feet. 5 feet per story - When the first and second story wall sections are designed as a flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet. For the purposes of implementation of the setbacks noted herein, the first story shall have a top plate no higher than ten feet (10'). Street Side 20 feet The residential portion of this development proposal is recognized by Eagle and DMB as a desired component to a mixed use development. A residential component substantially in conformance to that depicted in the Concept Plan shall be maintained. 3.3 The Mixed Use Commercial Area D of the Property, as depicted on Exhibits A2 and A3, is proposed to be developed by ELC with a combination of any commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.10 below), a copy of which is attached as Exhibit C. Buildings up to a maximum 50,000 square feet each are permitted in Area D. The maximum height of commercial buildings shall be 50 feet; non -habitable architectural elements shall be a maximum height of 60 feet. The setback from East Eagles Gate Road for the buildings identified as Building 300 and Building 600 shall be a minimum of 10 feet. Multiple First Amended and Restated Development Agreement - 4 C:1Documents and Settingslrnwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXI-I) (CLEAN 06-19- 07).DOC buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.4 Area E, depicted on Exhibit A2, may be developed similar to the commercial uses proposed to be developed by ELC within Area D (except as limited in Section 3.10 below). If ELC or DMB does so develop Area E, buildings up to a maximum 50,000 square feet each are permitted for this Area E and multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. The maximum height of commercial buildings shall be 50 feet; non -habitable architectural elements shall be a maximum height of 60 feet. If Area E does not become an expansion of the commercial uses proposed to be developed within Area D, Area E shall be developed as provided in Section 3.5 below. 3.5 If Area E of the Property, as depicted on Exhibit A2, does not become an expansion of the commercial uses proposed to be developed within Area D as provided in Section 3.4 above, Area E is to be developed by DMB with a combination of any office and retail uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.10, below), a copy of which is attached as Exhibit C. Buildings up to a maximum of 50,000 square feet each are permitted for this area. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, and Hotels. The maximum height of Hotels and Office Buildings shall be 50 feet; non -habitable architectural elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.6 The Mixed Use Corporate Campus Areas F, G, H and I of the Property, as depicted on Exhibit A2, are to be developed by DMB with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.10, below). A privately owned and operated special events facility and clubhouse, consisting of reception areas, meeting rooms, dining facilities, and indoor and outdoor recreational facilities, which special events facility may also function as a clubhouse for the owners of residential properties to be developed on the Property, shall be a permitted use in Area F. Buildings up to a maximum of 100,000 square feet each are permitted for this area, except that retail buildings shall be a maximum of 50,000 square feet each. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities, Education Facilities, Office Buildings and Hotels. The maximum height of Hotels and Office Buildings shall be 50 feet; non -habitable architectural elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.7 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3, 3.4, 3.5 and 3.6 as allowed by Eagle City Code Section 8-2A-6(B)(6)(a) based on the Design Guidelines, defined below, substantially in compliance with Exhibit E, attached First Amended and Restated Development Agreement - 5 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\OLK361Amendcd Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC hereto and incorporated herein by reference, and the ELC Design Guidelines, defined below, substantially in compliance with Exhibit F, attached hereto and incorporated herein by reference. 3.8 The total square footage of building area for retail uses allowed in ECC Section 8- 2-3 within this development shall not in the aggregate exceed 330,000 square feet. 3.9 The Areas of the Property labeled H and I as depicted on Exhibit A2 are encouraged by Eagle to be developed by DMB with apartments or multi -family dwellings, with a maximum density of up to 16 -units per acre. 15% open space within Areas H and I will be required if developed as multi -family residential. However, the use of Areas H and I as indicated on the Concept Plan (office) is approved as part of this Development Agreement. A change in the development of these Areas from office to multi -family residential (as encouraged herein) will not require a modification to this Development Agreement. This change may be considered at the time a design review application is made for these Areas. 3.10 All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall be considered permitted uses. All uses shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall require a conditional use permit, except the residential portions of the Property described in Section 3.2 shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Residential, Mobile Home (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters; • Residential, Mobile Home Park; • Commercial, Adult Business; • Commercial, automotive, mobile home, travel trailer, and/or farm implement sales; • Commercial, Cemetery; • Commercial, Drive -In Theatre; • Commercial, Mortuary; • Commercial, Storage (fenced area); • Industrial, Railroad yard or shop; • Industrial, Terminal yard, trucking; and • Industrial, Truck and equipment repair and sales (heavy). However, if the permitted and conditional uses in the MU zoning designation are expanded, such expanded uses shall be allowed as permitted or conditional uses as the case may be. 3.11 Except for the limitations and allowances expressly set forth above and the other terms of this Development Agreement, the Property can be developed and used consistent with First Amended and Restated Development Agreement - 6 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", a copy of which is attached as Exhibit C. 3.12 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities. (b) A requirement insuring compliance with the Design Guidelines or ELC Guidelines, as applicable, approved with this Development Agreement. 3.13 All development within Areas A through C and F through I, as depicted on Exhibit A2, shall be consistent with the Site Design Guidelines ("Design Guidelines") attached hereto as Exhibit E and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on Exhibit A2, shall be consistent with the Site Design Guidelines ("ELC Design Guidelines") attached hereto as Exhibit F and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. The Concept Plan attached hereto indicates the general nature and relative location of certain elements for the Property. The intent of this Development Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (the round -abouts, center islands, and street trees) shall be required design elements as part of the final design for the site and the open space for Area D and Area E shall be 25% in the aggregate, and open space for Area F and G shall be 25% in the aggregate, and open space in Area H and Area I (subject to Section 3.9 above) shall be 25% in the aggregate. For the purpose of this Development Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual residential lots within Areas A, B, and C. 3.14 Applicant agrees all development and improvement of the Property shall comply with applicable rules and regulations pertaining to regulated wetlands. 3.15 Applicant will comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.15.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) may be used for flood water holding capacity and the area therein may be used as part of the site's no net loss calculation if the area is included within the corporate limits of the City of Eagle and is subsequently approved as part of the floodplain development permit pursuant to Title 10 of the Eagle City Code for the overall development. First Amended and Restated Development Agreement - 7 C:\Documents and Settings\mwilliams\Local Settings\Temporary Internet Files\OLK36\Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC 3.16 DMB shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one hundred -foot (100') wide landscape area (not including right-of-way) along the portion of the Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the Property was addressed as a part of the preliminary plat application for the Property. 3.17 DMB shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum ten (10) foot wide public asphalt pathway in a landscaped strip located within the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2, upon recordation of the final plat(s) wherein the pathway is located 3.18 DMB shall provide bus stops as may be recommended by Eagle. 3.19 Building placement shall be designed such that parking areas are not concentrated between the buildings and Eagle Road. The parking areas depicted on the Conceptual Plan for Area D depicted on Exhibit A3 are not considered to be concentrated between the buildings and Eagle Road. The side of any buildings facing Eagle Road shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 3.20 DMB shall keep and maintain for use on the Property such irrigation water rights as are reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas on the Property. In the event that DMB desires to transfer, sell or convey any excess water rights (that is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on the Property), DMB shall first submit to Eagle reasonable written evidence that such water rights proposed for transfer are not necessary to provide an adequate source of irrigation water for the landscaped areas on the Property, including Areas D and E, and reasonable written evidence of the agreement to purchase said water rights by a third party purchaser and the price and complete terms agreed to be paid therefor. Eagle shall have forty-five (45) days after receipt of said notice within which to elect, in writing, to purchase such water rights upon the same terms which DMB is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the water rights within the said forty-five (45) day period, the first right of refusal created hereby shall terminate and DMB shall be entitled to sell its water rights free of any right or claim of right by Eagle. DMB shall have no obligation to Eagle hereunder in the event DMB sells, transfers or conveys any such excess water rights to any person or entity affiliated with DMB. As used herein, an affiliated person or entity is one which owns, is owned by, or shares any common ownership with DMB. First Amended and Restated Development Agreement - 8 C:1Documents and Settings\mwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC 3.21 Subject to the conditions and limitations set forth herein, DMB shall provide a park site along the eastern boundary of the Property in Area J as generally depicted in Exhibit A2 attached hereto (hereinafter "Park Site") which Park Site is to be developed, owned and maintained by and at the expense of Eagle. DMB's obligations to provide said Park Site shall be fulfilled as follows: A. Upon recordation of a final plat of any portion of the Property, DMB shall enter into an agreement to lease the Park Site to Eagle for use as a public park or for other public purposes reasonably acceptable to DMB, such purposes and terms to be specified in the lease agreement. Said lease agreement shall include, among other provisions acceptable to DMB and Eagle, a provision permitting DMB to use and occupy the Park Site for grazing or other uses not inconsistent with this Development Agreement and DMB's development project until such time as Eagle is prepared to fully develop the public facilities thereon. B. Upon completion of a road or roads constructed to ACHD standards by DMB to provide public access to the Park Site, DMB shall dedicate the Park Site to Eagle, which such dedication shall be subject to the following restrictions and reservations: 1. The Park Site shall be restricted for use only as a public park and shall act as a non-residential buffer for Boise City's waste water treatment facility and any expansions thereof, located easterly of the Property. 2. Dedication of the Park Site shall be subject to all reservations, restrictions and easements established of record or by use upon the Premises. Subject to the provisions of subparagraphs 4 and 5 below, (a) no such reservations, restrictions and easements made by DMB shall impair the future use of the Park Site by Eagle as described in this Development Agreement; and (b) the Park Site shall not be made subject to any restrictive covenants DMB may impose upon any other portion of the Property. 3. Eagle shall obtain DMB's written approval for any and all improvements to be made to the Park Site prior to the commencement of construction or installation thereof, such approval not to be unreasonably withheld or delayed over thirty (30) days from the date sent to DMB. Failure of the DMB to respond to the City within the 30 -day period is deemed as approved by the DMB. 4. The dedication shall be subject to a reversionary interest in DMB in the event that at least fifty percent (50%) of the total area of the Park Site has not been developed for use as a park or other public purposes reasonably acceptable to DMB within five (5) years after the date of dedication thereof to Eagle. Once fifty percent (50%) of the total area of the Park Site has been developed, the reversionary interest is extinguished. 5. The dedication shall be subject to a reservation of a public road right-of-way of up to 100 feet in width along the southerly boundary of the Park Site as generally depicted in Exhibits Al and A2 attached hereto for a public road connection to the east. First Amended and Restated Development Agreement - 9 C:1Documents and Settings\mwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC C. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by DMB pursuant to the provisions of subparagraph B.3., above, prior to the completion of construction of a public road as described in subparagraph B, above, Eagle may so advise DMB thereof in writing and DMB shall dedicate to Eagle the portion of the Park Site which Eagle intends to develop and shall provide Eagle a temporary easement for access thereto, subject to the following: 1. The location of the temporary access easement shall be reasonably determined by DMB. 2. DMB shall, within 120 days of Eagle's request therefor, weather permitting, rough grade a 20 foot wide temporary roadway in the temporary easement area. Eagle shall be responsible for all other necessary roadway improvements as may be approved by DMB, such approval not to be unreasonably withheld. 3. Eagle shall be responsible for the maintenance and repair of the temporary roadway and shall provide for dust abatement thereon. 4. DMB may, at DMB's cost, relocate the temporary roadway, provided that such relocation shall not materially interfere with access to the Park Site. 5. The temporary easement, or any unnecessary portions thereof, shall terminate as construction of a public road providing access to the Park Site is completed. 6. Eagle shall defend, indemnify and hold DMB and its directors, officers, agents, employees, successors and assigns harmless from any and all claims, actions, causes of action, damages or liabilities of any description ("Claims") arising out of or in any manner connected with the use of the temporary easement and roadway, except Claims arising out of the intentional or willful misconduct of DMB and its directors, officers, agents, employees, successors and assigns. D. DMB's dedication of the Park Site shall include any and all water rights and/or water shares or certificates evidencing the same, which are appurtenant to the Park Site, the amount or number of which shall be calculated on a proportionate basis with the rights appurtenant to the Property; provided that Eagle shall be responsible, at Eagle's sole cost and expense, to (a) deliver irrigation water to DMB's property at the western boundary of the Park Site at such locations as may be required for the continued flood irrigation of DMB's property, it being understood and recognized that DMB presently has a right to receive irrigation water at three locations along the eastern boundary of the Park Site and, unless otherwise agreed, will require delivery of irrigation water at three locations westerly thereof in the locations depicted on Exhibit D attached hereto; and (b) to take such action as may be required in order to prevent irrigation and other surface water from flowing, migrating or draining onto DMB's property located westerly of the Park Site. DMB shall not sell or otherwise transfer any water rights/shares appurtenant to the Park Site prior to its dedication to Eagle nor shall DMB impair or impede the existing works which deliver irrigation water to the Park Site. First Amended and Restated Development Agreement - 10 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC E. To the extent permissible under the law, DMB shall be entitled to claim any available income tax benefits which may arise out of DMB's donation (and, if applicable, development) of the Park Site as set forth herein, and Eagle shall cooperate with DMB in seeking any such tax benefits. F. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by DMB pursuant to subparagraph B.3., above, DMB shall, within 120 days of Eagle's request therefor, weather permitting, provide rough grading and general contouring in conformance with such approved plans on a phase by phase basis as the Park Site is developed. Nothing contained herein shall be construed to require DMB to construct any improvements beyond rough grading and general contouring, including but not limited to irrigation or drainage facilities nor shall DMB be obligated to import any material to the Park Site in order to perform such rough grading and general contouring. 3.22 Considerations specifically regarding gravel extraction operations and stub streets to adjacent properties will be addressed as part of the City's review of any preliminary and final plat applications for the Property. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS 4.1 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 V DEFAULT 5.1 In the event Applicant or any successor 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 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. However, if a default occurs after the Property is divided, any termination shall only affect the lot or parcel in default and shall not affect other portions of the Property. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the enforcing party 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 attorney's fees and court costs. 5.3 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable and not voluntarily adhered to by Applicant and their successors notwithstanding First Amended and Restated Development Agreement - 11 C:1Documents and Settingslmwilliams1Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC any such invalidity or unenforceability, the remainder of this instrument shall terminate and the zoning of the Property (except that portion thereof for which a plat has been recorded or which has otherwise been improved in accordance with the provisions of this Development Agreement) shall revert to the A -R (Agricultural Residential) zoning designation, unless the portion of this instrument determined to be invalid or unenforceable is re -negotiated in good faith between Applicant (or other appropriate party) and Eagle as an amendment to this Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code § 67- 6509 and Eagle City Code Section 8-10-1. ARTICLE VI UNENFORCEABLE PROVISIONS 6.1 Subject to terms of Section 5.3 above, 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 nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Applicant (or other appropriate party) and Eagle. ARTICLE VII ASSIGNMENT AND TRANSFER 7.1 After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of Applicant. Each commitment and restriction contained herein shall be a burden on the Property and shall be appurtenant to and for the benefit of the Property and shall run with the land. This Development Agreement shall be binding on Eagle and 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 Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or lots within the Property. 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 Development Agreement with respect only to such owner's lot or parcel. ARTICLE VIII GENERAL MA i i t,xi S 8.1 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. 8.2 Exceptions and Variances. Nothing in this Development Agreement shall be construed to prevent Applicant, nor shall Applicant otherwise be prevented, from seeking, by appropriate application thereof, approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle City Code. First Amended and Restated Development Agreement - 12 C:1Documents and Settingslmwilliams1Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC 8.3 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. 8.4 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. 8.5 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: With Copy to: DMB: With Copy to: ELC: City of Eagle 310 E. State Street Eagle, Idaho 83616 Susan E. Buxton Moore Smith Buxton & Turcke, Chtd. 950 W. Bannock Street, Suite 520 Boise, Idaho 83702 DMB, Inc. Attn: Dennis M. Baker 250 S. Beechwood, Suite 120 Boise, Idaho 83709 Stephen A. Bradbury Williams Bradbury, PC 1015 West Hays Street Boise, ID 83702 c/o Poag & McEwen Lifestyle Centers, LLC 6410 Poplar Avenue, Suite 850 Memphis, Tennessee 38119 Attn: Joshua D. Poag cc: Robert L. Rogers, Jr. With a Copy to: Bass, Berry & Sims PLC First Amended and Restated Development Agreement - 13 C:1Documents and Settings\mwilliams\Local SettingslTemporary Internet Filesl0LK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC And With a Copy to: 315 Deaderick Street, Suite 2700 Nashville, Tennessee 37238 Attn: Lori B. Morgan Christopher L. Haley JoAnn C. Butler Spink Butler, LLP 251 East Front Street, Suite 200 Boise, Idaho 83702 or such other addresses and to such other persons as the parties may hereafter designate as provided herein. Any such notice shall be deemed delivered upon personal delivery twenty-four (24) hours after deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit in the United States mail, if sent by mail pursuant to the foregoing. 8.6 Effective Date. This Development Agreement shall be effective upon recordation of a fully executed and notarized original of this Development Agreement. IN WITNESS WHEREOF, the parties have executed this First Amended and Restated Development Agreement. DATED this day of , 2007. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: ATTEST: Nancy C. Merrill, Mayor By: Sharon K. Moore, City Clerk DMB Investments, LLC, an Idaho corporation By: Dennis M. Baker, President EAGLE LIFESTYLE CENTER, LLC, a Delaware limited liability company By: Poag & McEwen Lifestyle Centers — Eagle, LLC, Its Manager First Amended and Restated Development Agreement - 14 C:1Documents and Settings\mwilliams\Local SettingslTemporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19- 07).DOC By: Name: Title: First Amended and Restated Development Agreement - 15 C:IDocuments and Settingslmwilliams1Local Settings\Temporary Internet Files1OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- D7).DOC STATE OF IDAHO ) : ss. County of Ada ) On this day of , 2007, 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared DENNIS M. BAKER, known or identified to me to be the President of DMB Investments, LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My commission expires: First Amended and Restated Development Agreement - 16 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC STATE OF County of On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Poag & McEwen Lifestyle Centers—Eagle, LLC, the Manager of Eagle Lifestyle Center, LLC, the Delaware limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Delaware limited liability company, and acknowledged to me that such Delaware limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at My commission expires: First Amended and Restated Development Agreement - 17 C:1Documents and Settingslmwilliams1Local Settings\Temporary Internet Files\OLK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC INDEX OF EXHIBITS A 1 Concept Plan of Property A2 Concept Plan of Property A3 Concept Plan of Area D of Property B Legal Description of Property C Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" D Location of Irrigation Water Deliveries E Design Guidelines F ELC Design Guidelines First Amended and Restated Development Agreement - 18 C:1Documents and Settingslmwilliams\Local Settings\Temporary Internet Files\0LK361Amended Restated Dev Agr (no EXH) (CLEAN 06-19-- 07).DOC EXHIBIT Al CONCEPT PLAN OF PROPERTY 1 r , EXHIBIT Ai Concept Plan Exhibit Al - 1 - £V wrivca Iowa I ,/ • \ ›—• c • j Tw it { I I , f''„•,...,....,..L., :.«tr i/ -_ 'tt O.,.:14;,,,,........„.1_,„J_ f ,k1..� -i O c' 1 Q!I .^.Lmo+ . ` . -. I ( ;.; t 611•• tote M'•••.rf1 ..; Zh W V M=Y- jWO. it i•e"1!r goae,v, '7.E4OW Rgiu IV 9ET36CA e+aeer..� Riq"a C,rimrrrrri.:� *OMNI +.:.moi.:. 4. EXHIBIT "A3” �'LAKttrtQQ& II 1 J 0 z m z ox a�, rri a� a 0 -c 0 I'v EXHIBIT B LEGAL DESCRIPTION OF PROPERTY auburn Waite Consulting, L L.0 8550 E` CommcrriaJ Court .Mlcridiarz, Idaho 84642 (208)7.94-6422 F.zr 884-8002 B.W., Inc.' EXI-!l 11' 'b A PARCEL OF LAND LYING WITHIN THE NORTHWEST'/., SOUTHWEST'/. AND SOUTHEAST % OF SECTION 21. TOWNSHIP 4 NORTH, RANGE 1 EAST, H.M., ADA COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S 01°1' I' 40" W, ALONG THE WEST BOUNDARY OF SAID SECTION, A DISTANCE OF 2626.02 FEET TO THE WEST'/. CORNER OF SAID SECTION, THE REAL POINT OF BEGINNING; 71-IENCE N 0I°11'40" E, ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 944.75 FEET; THENCE LEAVING SAID WEST BOUNDARY LINEN 89°56'09"E, A DISTANCE OF 339.67 FEET (FORMERLY DESCRIBED AS S 89257'00" W); THENCE N 04°54'52" E. A DISTANCE OF 174.27 FEET (FORMERLY DESCRIBED AS S 04°53'20" W, 174.30'), THENCE S 70°59'34" E, A DISTANCE OF 256.40 FEET (FORMERLY DESCRIBED AS N 70°59'50" W, 256,50'); THENCE S 66°52'17" E. A DISTANCE OF 91.84 FEET (FORMERLY DESCRIBED AS N 66°50'10" W, 91.80'); THENCE S 60°39'36' E, A DISTANCE OF 305.27 FEET (FORMERLY DESCRIBED AS N 60°40'00" W, 30520'); THENCE S 66°44'35" E, A DISTANCE OF 229.62 FEET (FORMERLY DESCRIBED AS N66°43' l 0" W, 229.50'); THENCE S 77°24'34"E, A DISTANCE OF 85.90 FEET (FORMERLY DESCRIBED AS N 77°25'20" W, 85.50'); THENCE N 70°13'27" E. A DISTANCE OF 79.52 FEET (FORMERLY DESCRIBED AS S 70°18'30" W, 79.70'); Page 1 of 3 Exhibit B - 1 THENCE N 37°20'17" E, A DISTANCE OF 427.10 FEET (FORMERLY DESCRIBED AS S 37°18'30" W); THENCE S 83°21'33" E, A DISTANCE OF 70.76 FEET (FORMERLY DESCRIBED AS N 83°21'50" W, 70.80'); THENCE S 58°33'39" E, A DISTANCE OF 336.00 FEET (FORMERLY DESCRIBED AS N 58°31'10" W); 1 THENCE S 64°34'35" E, A DISTANCE OF 189.65 FEET (FORMERLY DESCRIBED AS N 64036'20" W, 189.50'); THENCE S 70°58'11" E, A DISTANCE- OF 169.70 FEET (FORMERLY DESCRIBED AS N71°00'30" W); THENCE S 82°27'06" E, A DISTANCE OF 122.18 FEET (FORMERLY DESCRIBED AS N 82'22'10" W, 122.401; THENCE N 8012'03" E, A DISTANCE OF 132.57 FEET (FORMERLY DESCRIBED AS S 80°03'50" W, 132.50'); THENCE S 84°40'47" E, A DISTANCE OF 24.66 FEET; THENCE S 19°58'21" W, A DISTANCE OF 862.67 FEET TO 1 HE• SOUTH BOUNDARY OF THE NORTHWEST Vi OF SAID SECTION 21; THENCE S 89°29'15" E, ALONG THE SOUTH BOUNDARY OF THE NORTHWEST ''A OF SAID SECTION 21 (FORMERLY DESCRIBED AS S 89°29'20" E) A DISTANCE OF 402.94 FEET TOTTIE CENTER % CORNER OF SAID SECTION 21; THENCE S 89"28'50" E ALONG THE NORTH BOUNDARY OF THE SOUTHEAST 'A OF SAID SECTION 21, A DISTANCE OF 151.99 FEET; THENCE S 00'03'3 I" E, D.ISTANCE OF 1164.07 FEET; THENCE S 37° 10'42"E, A DISTANCE OF 955.90 FEET; THENCE S 22°04'38" E, A DISTANCE OF 466.57 FEET; THENCE N 73°04'22" W, A DISTANCE OF 65.15 FEET; THENCE N 80°34'50" W, A DISTANCE OF 307.24 FEET; THENCE N 86°43'56" W, A DISTANCE OF 227.99 FEET; THENCE S 00°19'31" W, A DISTANCE OF 84.42 FEET; Page 2 of 3 Exhibit B - 2 THENCE N 88°59'55" W, A DISTANCE OF 199.27 FEET; THENCE S 8798'46" W, A DISTANCE OF 201.30 FEET; THENCE N 89°27'30 W, A DISTANCE OF 90.00 FEET; THENCE S 00°28'42" W, A DISTANCE, OF 294,,28 FEET TO THE SOUTH BOUNDARY OF SAID SECTION 21; THENCE N 89°08'06" W, ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 135.09 FEET; THENCE LEAVING SAID SOUTH BOUNDARY, N 00°40'03" E, A DISTANCE OF 619.71 FEET; THENCE N 67°13'56" W, A DISTANCE OF 460.16 FEET; TI`IENCE S 01'03'41" W, A DISTANCES. OF 70.94 FEET; THENCE N 78°24151" W, A DISTANCE OF 304.77 FEET; T1iENCE N 01°54'05" E. A DISTANCE OF 84.70 FEET; THENCE N 71°43'26" W, A DISTANCE OF 255.25 FEET; THENCE N 78°11'09" W, A DISTANCE OF 253.86 FEET; I 1 IENCE S 81"59'04" W, A DISTANCE OF 252.10 FEET: THENCE S 89°16'39" W, A DISTANCE OF 381.51 FEET; THENCE N 00°81' 16" W, A DISTANCE OF 91.52 FEET; THENCE N 76°51'17" W, A DISTANCE OF 548.02 FEET 10 THE EAST BOUNDARY LINE OF SAID SECTION 21, AND THE CENTERLINE OF EAGLE ROAD; THENCE N 00'36'10" E, ALONG THE BAST BOUNDARY LINE OF SAID SECTION 21, A DISTANCE OF 1502.01 FEET, TO THE REAL POINT OF BEGINNING, CONTAINING 183.40 ACRES OF LAND, MORE OR LESS. PREPARED BY: CLAIBORN A WAITE CONSULTING, LLC TODD R. WAITE, P.L.S. Page 3 of 3 Exhibit B - 3 fR daiborn waste consulting. Ilc 1I1,, IIIA WWW Ii D. BAKER & ASSOC. Exhibit B - 4 N4•olE 0110T EL, 8-2-3 EXHIBIT He (-0 VI OFFICIAL, SCHEDULE OF DISTRICT REGULATIONS A (P - PermMed Use I C • Conditional Use / No P Or C - Prohil9ted Use) w 0 LAND USES D#STRICTS QA All R-E R L-O C•A C-1 C-2 C-3 CBD M•1 BP M-2 M-3 PS MU AGRICULTURAL AgricuUural and forest P 0 Dairy farm C V) Farm P P ,,,,a Farmer's markets (outdoor) P P P P Feedlot and stockyard C C Q(/1 Hartktitturs (ge reretl} P P P P P P P U Z Horticulture (lfmitcd) P P P P P P P P Roadside stand (temporary [—� structure) P P P P P P P P P Q E"'' Turf itndfcr tree farm P C M 3 Q Vineyard P 0 r-1 X N RESIDENTIAL W °°(31 p (� Apartrirent C C 0 G Z Boerdtr►p or ledging house or dormitory C C C C Homo occupation P P P P P P P O Motile homo (single unit) C E'' (primary residence) C U Mobile home (single unit) W (temporary hiring quarters) 0 0 C C C V1 Mobile Home court {RV) C C 0 W Mobilo home parte C C Q Multi-family dwelling P 0 C C C O Ptanred urrft devotcpment C C C C C C L 0 0 0 0 C U 8-2.3 ›• Juno 20112 E-� U W C7 d C►1., a/ AN,tc 8-2-3 8-2-3 LAND USES DISTRICTS A A -R R -E R 1-0 C -A C-1 0-2 C.3 CBD M-1 SP M-2 14-3 PS MU REStDENTSAL (cont.) Single-family dwelling P P P P C Two•tamily dwetilng P c COMMERCIAL Adult business C Airport P Ambulance corvtces C P 0 C C Anlmat shows or sales P C C P P C P C ArtIS1 studloa P P P P Arls-and crafts show C P P P 0 Auaton faci ty C C P C P Automotive body shop P P P C P Automotive pas station or fuel Islands 0 P P Automotive gas station/ service shop P P Automotive. mo Me horns, travel trader, anctrot farm Implement sales 0 P P C P Automotive tepalr P P P C Automotive storage C P Automotive washing facility C P P P C C Bakery plant (wholesale) P C P Ranka/rinaaclal institutions (no drive IR aervtce) P P P P P Bankaffinnnctat tnatltutoona (with afire up service) C P C 0 P June 2002 8.2.3 8-2-3 LAND USES DISTRICTS A A -R R -E R L•O C -A C-1 0-2 0-3 CBD M-1 BP M-2 M-3 PS MU COMMERCIAL (cent.) Be: C C 0 0 C Beauty/barber shop C C C P P P P P P Bed and breakfast facility C C C 0 C C C Building supply outlet C 0 P 0 P Cabinet shop P P P C P 0 Catering service P P P P Cemetery C C 0 C 0 0 C C C C C Childcare Daycare center 0 CCCC 0 0 C 0 C Family P P P P C C P P Group 0 CCCC C C C C 0 Christmas tree sates P P P P P P P P P P Church CCCCP P P P P P Chc uses and carnivals C P P P C Clinic p Club et lodge P P P P P Commercial entertainment ice titles (indoor) C C P P P C Commercial eotertetnmant facilities (outdoor) C C P P P C Communication feaHlties C C P P P P p C Convenience store with fuel service C P P Convenience store with no Wei service 0 C 0 C P P P P p Detention faculties 0 Drive la theater C 0 C C 0 Drugstore C 0 P P P P Cay of Regie 8-24 8.2-3 LANG USES DISTRICTS A A -R R -E R L-0 C -A C-1 C•2 C•3 CBD BP M-2 M-3 PS MU COMMERCIAL (cont.) Electronic sates. service. or repair shop P P P P P P -sErFetgancy health care 0 P C C C P Emergency services CCCCPP PPP PPP P P Equtptnent'?6ntal and sales yard C C P 0 0 C Flex space P P P P Food and beverage sales C PPP P P Hardwire store P P P Health Chubs, ems. weight reduction setons C P P P P P Heliports P Home and bustness services P P P P P P P Hospital C C P P C C 0 Hate! P P A C Institution C 0 Kennel C C C C 0 C C 0 C LabaratOtlea P P P P P P C LaundrernM C P P P P P 0 Laundry (with drive up service) C P P P C Laundry (with no drive up sere co) 0 P P P P P tive entartamment events C C 0 P 0 P 0 Massage spa M 0 0 0 C C City ofRugla 8-2-3 8-2.3 LANG USES DISTRICTS A A -R R -E R L-0 C -A C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU COMMERCIAL (cont) Mobilo office C C C C C C C 0 Mortuary C C C 0 Motel P P P C Nonprofit rehabilitation center C C Nursery, plant materials P GCCP P P P P P 0 Nursing/convalescent home C C 0 C C 0 C 0 01f10e, business and professional P P P P P C P Parking lot, parking garage P P P C P P P P P Parking tot, parking garage, commercial C PPP CPC 0 Pawnshops (auto) C 0 Pawnshops (general) C C Personal improvement P P P P P P Personal services P P P P P P Personal wWess fact idea (height -31 toot or less) C C P P PPP PPPPIPPP Personal wireless facilities (height -over 38 feel) C C CCCCC C C C C 0 Photographic studlo P P P P P P Printing and/or blueprtndng P P P P P P P Professional aotivitles p P P P P p Restaurant (drive In) P P Restaurant (no drive thru) C C P P P P P Restaurant (with drive thru) P P Retail sates (geaerai) C C P P P 0 Cow ofEcfle 8-2-3 8-2-3 LAND USES DISTRICTS A A -R R -E R L -a C -A C-1 C-2 C.3 CBD M-1 BP M-2 M-3 PS M(1 COMMERCIAL (cont.) Rotati 4Sitsa (limited) P P P P P C Retail safes (pharmacies and medical) 0 P P P P P Riding academies/stables P C C C Shop. contractors Welter yard) C P P C P Shopping curlier 0 C C P 0 Shopping mall C 0 P Sign Atop, including `o painting P P P C P C (. j Smat1 engine repair (mower, ahalnsews. ale.) C P P P C C P Storage (enclosed ttutkfIng) P P P P P 0 P P C W Strap (fenced arca) C 0 C C C C C P P 0 Street tatr P P P P Tire shop, Including recapping P P P C Trade tatr P P C Travel eervlces P P P P P P Truck slap 0 P 0 0 Upholstery shop P P P P C 0 0 Vet clinic (animal hospital) 0 C C P PP P P ' Welding, toot strop C P P C P Woodworking shop P P P P 0 P 0 INDUSTRIAL Asphalt plant P P Automotive wrecking yard Of salvage 0 C 'City df Eagle 8-2-3 8.2.3 LAND USES DISTRICTS A A -R. R -E R 1-0 C -A C -t 0•2 C-3 CBD M-1 BP M•2 M-3 PS MU INDUSTR?AL (cont.) Beverage bottling plant @fflboaud manufacture Cement or stay probate manufacturing Chemical storage and manufacturing Conorata hatch plant Dairy products p ooessin; C Foadpocesstnp plant Fuel yard Grain storage los manufacture. vafd atdrage Industry Custom Limited Raaesrati and development Junkyard Luntb 'yards retail Machine sloop Manufacturing, furniture Mobilo home rnanufacturtnp Monument works. stone Patrols= storage Planing milt Public utifily yard Railroad yard or shop Cary ofRag:a G C P C C P P P Q R P P C PP P r~ P U R C C P W P P P D *2 P P C' P C C C C P P P P G P P 0 P P O G P c 0 P O 0 0 P O C P June 2002 8.2-3 8-2-3 LAND USES DISTRICTS A A -R R -E R L -O C -A C-1 C-2 C-3 C8D M-1 BP M-2 M-3 PS MU INDUSTRIAL (cant.} Recycttng operation C Rendering plant 0 Reaearch activities P C Sand or gravel yard C P Sanitary landfill C C Stockyard, alaughtarhouae; meatpacking C Terminal yard. trucking C P o0 Trull* and equlpmsnt U repair and sales {heavy} 0 C C 0 P .. Warehousing. wholesaling A plant P C P W Wood processing plant P PUBLIC/SEMIPUBLIC Golf caureo and related srnvicas0 0 0 0 C P P P P P C Government building, efflcaa P PPP P PP P P Library 0 0 P P P P P C Museum 0 0 P P P P P 0 Park and incraatIon facttiites C 0 0 0 C C 0 P P 0 Publto service facilities 0 C C C 0 C C 0 C C 0 0 0 0 0 0 School, public Or private CCOCC 0 0 C C P 0 (Ord. 298, 10.14.1997; amd. Ord. 925, 8-25.1908; Ord. 334, 6-9-1998; Ord. 357, 1-25-2000; Ord. 368, 3-21-2000; Ord. 373, 12-12-2000; Ord. 405. 1-29-2002; Ord, 422, 4.23-2002) Juno 2002 { City el Eagle EXHIBIT "D" ` f i) LAKEMOOR 1.11 ` PROPOSFt) DARK SITE CC1 COM8IIJFf1 THl.1RMr4N MII_LIWARM SPRINGS DITCH ti \ • Gil WARM SPRINGS DITCH /wore _ Fe. per 011.p•L•xt'i MUT w O trURUK, ust.t ��,Y//IARRIAA/%/fiPPRKGS tllT:i!/•f�'NAR'' SPAIN l C.c�K // j'-/////,/,/;////// A+ I' 7 /// /7 / // / 7 - /,/ 1r •1 ,Fi IiL'� fit' d_:r'�CI: lY' :_3 _ .1c t I k EXHIBIT E DESIGN GUIDELINES EXHIBIT E LAKEMOOR SITE DEVELOPMENT, ARCHITECTURAL AND LANDSCAPING DESIGN GUIDELINES The design guidelines, as set forth within, are provided to guide and direct the, site layout, architectural style and landscaping elements of the Lakemoor development. The commercial elements of this project fall within the design review regulations set forth in Eagle City Code. Administration of Design Guidelines The property developer and/or architectural control committee will have design review responsibilities for all site development, landscape and architectural components. This review and approval process will occur by the developer and/or the architectural control committee prior to being forwarded to the City of Eagle for its review as part of any required land use, building, or design review application. General Applicability All development within the Lakemoor property including but not limited to commercial, office, multifamily, and residential portions of the project is subject to these Guidelines. They shall be consistent with those set forth in Eagle City Code, the Comprehensive Plan, and other applicable requirements set forth by the City of Eagle. In case of conflict, the `higher standard' interpretation shall prevail. • Flexibility: These guidelines are intended to depict the general nature of the architectural character while allowing sufficient flexibility for development to accommodate the evolving market, remain economically viable, support the purpose and goals of the City of Eagle, and respond to site and other conditions as necessary while keeping within the desired character of the project to the extent possible. Design Intent The intent of the Design Guidelines is to provide a harmonious and integrated development of commercial and residential buildings sharing common streets, pathways, natural features, and open spaces. The general theme of Lakemoor is to emphasize traditional architectural styles and building materials. The architectural character for new buildings can be achieved by proper use of traditional elements such as sloping roofs, dormers, parapets, cornices, window and door styles, and attention to correctly executed details which have and will continue to stand the test of time. Exhibit E - 1 Scale, proportion, style and color of all buildings as they relate to each other and the open area around them is important and necessary to establish and maintain a strong sense of community. Submittals All site development within the Lakemoor project area shall conform to the current zoning and development guidelines established by the City of Eagle and which will be supplemented by the project area covenants, conditions, and restrictions. All development applications submitted to the City of Eagle Design Review Board for landscape design, site design, and architectural design shall be in accordance with those described in the Eagle City Code. Maintenance All parcel(s) within the Lakemoor project area shall be maintained in accordance with those provisions set forth in its covenants, conditions, and restrictions (CC&R's). Exhibit E - 2 SITE DEVELOPMENT DESIGN GUIDELINES General The term Site Development as used in this section, refers to the siting of structures and the placement of related improvements on individual parcels within the Lakemoor project. This includes but is not limited to roadways, boulevards, parking lots, service areas, walkways and pathways, signs or identification structures, and lighting. Site Development Theme The site development theme for Lakemoor will promote and preserve existing natural features such as Joplin Creek, located along the southerly boundary of the property, and the tree lined wetlands along the northerly property line. Open space corridors will be created to highlight mountain vistas lake views and streamside settings. Parking lots will be landscaped to minimize visual impacts, with undulating berms to buffer and screen automobiles. Pedestrian ways will be provided to promote alternative methods of travel and shall inter -connect all areas and uses to each other. Design Objectives The site development design guidelines for individual parcels reflect several important goals: to strengthen the area's identity and create a unique and aesthetically pleasing environment that will draw the neighborhood together. To accomplish this goal the following objectives are provided: • To create a development area that is visually distinctive and memorable to its users and residents. • To encourage the design of buildings and exterior spaces in the area to be of an overall high Quality and appropriate character yet diverse enough to reflect a variety of expression and creativity. • To create pedestrian scale in the design of streets, parking areas, buildings and spaces between buildings. SITE GRADING Exhibit E - 3 Each parcel is to be graded and/or contoured in such a fashion that all storm- water positively drains away from all buildings and structures into adjacent and interconnected landscaped bio -filtered drainage swales. These swales are to be landscaped with native wetland plant material commonly found within the local Boise River riparian system. Design Standards for 4 -Lane or 3 -Lane Collectors The following standards apply to all four -lane and/or three -lane major and minor collectors in the retail and office areas or as otherwise required by the Ada County Highway District (ACHD). • All crosswalks are 10 feet wide. • All crosswalks are handicapped accessible. A drop curb is required at corners to facilitate wheelchairs and strollers. • The pedestrian pathway is separated from the street by a min. five (5) foot wide planting strip. The following standards apply to collector and local streets in the residential areas in accordance to Ada County Highway District Standards. Appropriate signage shall be installed. • ACAD. ti� approved ensions Res. Lot * (2) -travel lanes, and parallel 1.,#) 5' min. Planting parking p on a S min. Planting Strip 5' Walkway 5 Walkway Section At Residential Area es, Lot° • The typical roadway allows two travel lanes and one parallel parking lane. • On each side of street are five (5) foot sidewalks. • All crosswalks are handicapped accessible. A dropped curb is at all corners to facilitate wheelchairs and strollers. Exhibit E - 4 Collector Width Requirements Recommended collector width requirements for 4 -lane and 3 -lane collectors within the Lakemoor project include: • 4 -Lane Collector: The entry roadway off of Eagle Road has four travel lanes, a central continual landscaped divider lane, two bike lanes, a min. 5 foot wide planting strip on both sides, and a 5 foot wide sidewalk on both sides. The right of way width is 100 feet. At busy intersections additional width may be required to accommodate additional left or right turn lanes. AC. D. mama dtnai cr I tLett 12Mravtd lanes, like tare r mh P1ai ti Sett 5 ifisialtsiv Walkway 41 Ped Cava! muta Section At Signalized Entry at Eagle Road ACHD.:oaoved 11:imenaass 0 I21.traae4 Imes. bite lana 5 mint Reran; Sor J S Meendafirg Moray • tandscese • 3 -Lane Collector: The roadway through the commercial areas has two travel lanes, a central continual turning lane, a 5 foot separated pedestrian path on each side and a min. five (5) foot planting strip on both sides. The minimum right of way width is 56 feet. At busy intersections additional width may be required to accommodate additional left or right turn lanes. Exhibit E - 5 I ACRD. acomed dirensccna v < 121-7avel *nes tun tares bace lane si J Laraacape g nut Paten Strip 5 ��Wi y 5 Meandering WakwaY Entryways to Individual Development Sites ACIfQ dbrl ne bike ko'iL Landscaped ', 'JCIIdn .1') landscape S, oft planting SppCel031r PaSCO abi ging S Moanderi g Warmly S Meandering Walkway Section at Sign in Residential Area Landscape Within the framework set forth in the architectural guidelines related to materials, colors, etc., encourage individual expression at entryways by allowing freestanding structures which incorporate signing, lighting, and landscaping and which enhance the visual identity from the street. The purpose of this guideline is to create a sense of arrival and should be oriented to both pedestrian and automobile. • The design of entryways should always relate to the design of other buildings in the development parcel in terms of materials, scale, and color. • Signs identifying the names of tenants or buildings may be incorporated into the entry. • Entryway designs should integrate signage in a way that respects the architectural design integrity of the entryway. • Signs are permitted on any entryway face. Exhibit E - 6 • Entryway signs may be placed on the property line without a setback requirement, provided that views of traffic are not obstructed as per current City of Eagle Standards. • Street trees shall not be located in front of entryway signs. Trees In Parking Lots Trees in parking lots are required to create smaller and friendlier spaces for people, to maximize the positive environmental effects that trees provide, and to reduce the impact of solar gain on cars and buildings. • Landscape planting area requirements for parking lots will be as described in the Eagle City Code. • Provide medium sized trees within the parking lot at the density described in the Eagle City Code. • Use trees to make smaller human -scaled spaces within parking lots and to soften the overall appearance of larger parking lot areas. • Locate the trees to allow for frame visibility of entries, signage, and to provide overall appropriate visibility for retail businesses. Section at Retail Area Parking Lot Parlay Let OWN Lane • Use a species of tree that will permit initial limbing of seven (7) feet. Prune trees regularly to achieve an ultimate minimum limb height of 12 feet. • Protect trees from overhanging bumpers with concrete curbs and allow for a minimum of three (3) feet between the curb and the center of the tree trunk. Exhibit E - 7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Minimum screen height is to be three feet or as described in the Eagle City Code. This enables people to see out and be seen from the street and cars. • Parking lot screens may be made of all plant material or a combination of earth berms and supplementary plant material. • Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. • A minimum height of 36 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. Drive -up service - Orientation and Screening Visually screen drive thru lanes from view along public streets. • When feasible, orient the drive thru lane to be perpendicular to public streets. This will reduce any possible confusion created from headlight glare into oncoming traffic. • Screening may be accomplished using plant material or a combination of low walls or earth berms and supplementary plant material. • Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of stone/cultured stone, masonry, or concrete. Walls shall be generally sight -obscuring. • A minimum height of 36 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. Service Area Screening Visually soften and screen all service functions within the retail and office, portions of the development from public views. (See architectural guidelines.) • Screen dumpsters and recycling bins from public view with plant material or with a combination of screen walls and plant material. All walls should be constructed of durable materials able to withstand normal use. The screen walls are to incorporate the same material as used in adjacent building structures. Exhibit E - 8 • The height of plant materials and walls should be equal to the height of the dumpster and / or recycling bin unit at the time of installation. • Visually separate loading dock areas from public view with landscaping or walls and landscaping. Walkways and Pathways An interconnected walkway and path system that will connect various development sites within the Lakemoor project area. • Provide one or more walkways, which directly link the pedestrian entrances of businesses within the retail and office development to the public pathways. Design Standards for Street Lights • Use shielded type fixtures to minimize problems of glare. • All streets, courts, cul-de-sacs, and parking lots are to be illuminated. Walkway and Pathway Lighting Provide lighting along all walkways and pathways located in non-residential areas of Lakemoor. • Avoid dark spots and abrupt changes in light levels. • Select fixtures to be harmonious with the design of the development. Site and Landscape Lighting Create site and landscape lighting to promote safety, security and visual attractiveness. • Use fixtures with indirect light sources (i.e., concealed from the users' line of sight) such as ground mounted lights or foliage lights. • Avoid creating dark spots which invite crime. • Help mitigate the effects of night blindness by avoiding any sudden changes in light levels. • Use site and landscape lighting as a means to harmonize the building and the site and landscape areas. Exhibit E - 9 • Metal Halide lighting will be used to illuminate water features entryway and monument .ionaoe and tuch1tceture. Parking Lot Lighting Create parking lot lighting which promotes a sense of safety, security and which is visually attractive. • Use shielded type fixtures to minimize problems of glare. • Avoid dark spots and abrupt changes in light levels. • Select fixtures to be harmonious with the design of the development. • A variety of historic style light fixtures will be used. "Shoe Box" style fixtures are prohibited. • Metal Halide lighting is prohibited. ARCHITECTURAL DESIGN GUIDELINES General Exhibit E - 10 The term architectural design as used in this section refers to the design of all buildings on individual parcels within the Lakemoor project including but not limited to commercial, office, multi -family and residential projects. Architectural styling will express timeless designs of enduring quality. Design Objectives The following architectural design objectives generally apply to all building types within the Lakemoor project including but not limited to commercial, office, multifamily, and residential portions of the project. Together these architectural objectives constitute the core design guidelines for the buildings. • Mass and Proportion: Buildings shall be of a scale and proportion that relates well to adjacent buildings without dominating, overwhelming or appearing insubstantial in relationship. Long walls shall be relieved with offsets, bays, projections or other architectural features. • Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use without intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. • Roofs and Roofing: Sloping roofs such as gables and hips are required on all buildings. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. Exhibit E - 11 • Windows: Windows shall be in proportion with the building facade and individual glazing panes shall not be over -sized. Horizontal mullions as well as vertical dividers are encouraged. Styles shall be historically consistent with the architectural character of the building. Multiple -arched, round, sloping head and other 'trendy' window styles are inappropriate. Shading shall be achieved with awnings, canopies, overhangs and other architectural elements. Where needed, tinted and colored glazing shall be allowed, as well as interior shading films. Awnings shall be simple and of traditional materials - lighted vinyl awnings are inappropriate. • Materials: Larger and high bay buildings shall be constructed of high quality, substantial, well -wearing materials: Brick or concrete masonry, concrete, stucco or EIFS (exterior insulated finish systems), or natural and synthetic stone, with proper detailing. Careful attention to detail must be made to avoid a monotonous, bland, or flat appearance. Proper lighting may be key to enhance materials and relief on large-scale facades. Smaller and low bay buildings are encouraged to use similar materials as well as simulated wood sidings - horizontal or vertical boards, boards or plywood with battens, and shingles. Natural or synthetic stone is encouraged and shall be used as walls, wainscots, bulkheads, columns or plinths. Appropriate combinations of materials to modify scale and add visual interest should be considered. • Architectural Elements: On high bay or multiple story buildings, smaller scale features such as arcades, trellises, or canopies, as well as one story elements, shall be used to provide pedestrian scale. Attention to detail is encouraged and shall be proportional to the facade with the caution that elements used for only decorative purposes are discouraged, especially when appearing out -of -place on larger walls. • Color: Large walls shall be of light to medium values - white, bright hues, and decorative painting are discouraged. Moderate changes in value and color used to decrease apparent scale and mass are acceptable. Brighter colors shall be used in limited areas Building Design Guidelines/ Commercial Exhibit E - 12 In addition to the general architectural design guidelines, the following items apply to office buildings, and retail uses within Lakemoor. • Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use without intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. • Roofs and Roofing: Sloping roofs such as gables and hips are required on all buildings. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. • Windows: All openings shall appear as individual 'punched' windows, or groups of openings, in lieu of ribbon windows or storefronts, except at building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. • Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements. Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. • Equipment, Loading and Service Concealment: Mechanical and electrical equipment shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. Service and delivery access, refuse and recycling containers, and the like shall be located as much as possible away from pedestrian areas and Exhibit E - 13 substantially concealed with the same or compatible materials of construction as the building. • Color: Walls shall be of light to medium values - decorative painting is discouraged. Moderate changes in value and color are acceptable. Brighter colors shall be used in limited areas. Building Design Guidelines/Senior Housing/Multifamily Residential In addition to the general architectural design guidelines, the following items apply to multifamily projects. • Garages and Carports: Enclosed garages attached to or separated from the building shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be given to the location of garages and carports to diminish the visual appearance of the doors. Garage doors shall be kept to minimum sizes and shall not be over -styled with arches, windows and decorative panels. Carports shall be scaled to not appear as being insubstantial or temporary. • Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windows, louvers and vents are encouraged on large expanses of roof, and parapets, cornices and other detailing is desirable. • Windows: All openings shall appear as individual 'punched' windows, or groups of openings. Horizontal as well as vertical mullions are encouraged to reinforce residential scale. Exhibit E - 14 • Architectural Elements: Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices, detailed chimney tops, short fences, gates, and appropriately designed entries are encouraged. • Parking, Open Space and Pathway Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be multiple pedestrian and bicycle access ways to the path and street system. Building Design Guidelines/ Residential In addition to the general architectural design guidelines, the following items apply to all residential projects. • Mass and Proportion: Houses shall be of a scale and proportion that relates well to adjacent houses without dominating, overwhelming or appearing insubstantial in relationship. • Character and Style: Houses shall be visually consistent with adjacent houses and reflect residential use without intentionally copying materials, details and colors except where it may be an advantage to do so, such as fences, exterior lighting, paving materials and elements that help define an integrated community. Facades shall not be over -styled with inappropriate decorative elements lacking respect for traditional precedent. • Garages: Enclosed garages attached to or separated from the house shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be given to setting garages back from the front of the house to diminish the visual appearance of the doors. • Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windows, louvers and vents are encouraged on larger roofs, and parapets, cornices and other detailing is desirable. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, and flat concrete tiles. Exhibit E - 15 • Windows: Individual and groups of windows shall be in proportion with the house facade and individual -glazing panes shall not be over -sized. Horizontal mullions as well as vertical dividers are encouraged to reinforce residential scale. Shading shall be achieved with approved awnings, canopies, overhangs and other architectural elements; tinted or colored glazing and interior shading films are allowed where appropriate. Trim, dormers, shutters and appropriate detailing are desirable. Fully arched windows are discouraged except when historically compatible with the architectural style. Multiple -arched, over -sized round, sloping head and other 'trendy' window styles are inappropriate. • Materials: Buildings shall to be constructed of high quality, substantial, well - wearing materials: Brick, stucco, wood or composition sidings - horizontal or vertical boards, boards or plywood with battens, shingles, or EIFS (exterior insulation and finish systems) with proper detailing. Natural and synthetic stone is encouraged and shall be used as walls, wainscots, chimneys, columns or plinths. Appropriate combinations of materials to modify scale and add visual interest should be considered. • Architectural Elements: Attention to detail is encouraged and shall be proportional to the facade with the caution that non-traditional elements used for only decorative purposes are discouraged. Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices, detailed chimney tops, and appropriately designed entries are encouraged. Fences shall be designed to enhance visibility and shall not be tall, solid barriers that negate the feeling of neighborhood. Fences shall not dominate corner lots or long side yards. • Parking, Open Space and Pathway Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be pedestrian and bicycle access to the path and street system. • Entry Walks and Drives: Driveway widths shall be kept to a minimum at the curb line and widen as necessary within the property. Walks shall be appropriately scaled. Brick and stone pavers, or patterned concrete is encouraged for walks and drives. LANDSCAPE DESIGN GUIDELINES PUBLIC RIGHTS OF WAY Design Objectives The design guidelines for public rights of way reflect several important goals; to strengthen the area's identity, to create a pleasant pedestrian environment, and too Exhibit E - 16 achieve an efficient and safe traffic flow. From these goals a number of objectives explain the purpose of the recommended design guidelines. • To establish consistency in the design of streets within the Lakemoor project area. • To create a strong visual framework through street design which unifies the project and which provides the background for individual expression in the design of specific project areas and parcels. • To, create streetscapes which are visually distinctive and memorable to users and residents of the project and thus strengthen the identity of the site within the context of the City of Eagle. • To, increase pedestrian accessibility, safety. and comfort throughout the project. Landscape Standards For 4 -Lane or 3 -Lane Collectors j, ACRO dm ACJID. dm Imams gavel Ian tatelane ' Le der to DOce tens 5' met Pantry Sat Co l (>�t S irk= S Aleandering Walkway Lableciped Setback is tasiae dal t3 • Large canopy trees are placed at approximately 35 foot intervals within the curbside planting strip. At street and driveway intersections trees are located with respect given to A.C.H.D. clear vision standards. • All street trees have a minimum four (3) inch caliper and are limbed to a minimum height of 8 feet at the time of installation. • The property owner fronting the street provides a minimum of five (5) feet of planting between the edge of the pedestrian path and edge of any site development (parking lot screens, landscaped areas, etc.) except at entryways where design flexibility is required. • Pedestrian crosswalks, which cross four -lane streets or any other exceptional heavily traveled street, have 10 foot wide crosswalks defined by a pair of 12 inch painted lines. Landscape Standards for Collector and Local Streets Exhibit E - 17 The purpose of the street tree standard is to provide a clear basis for selecting the appropriate type of tree for each street in the Lakemoor project. The visual importance of street trees is critical to the identity of the area. Street trees bring visual order by providing a unifying element to allow individual expression to distinctly occur. • Medium-size canopy trees are placed at approximately 35 foot intervals between the curb and sidewalk. • All trees and associated groundcovers or lawn areas are to be irrigated with underground, automatic systems. • All street trees have a minimum three (3) inch caliper and are limbed to a minimum height of 7 feet at the time of installation. • The property owner fronting the street provides a min. of five (5) feet of lawn or groundcover between the edge of the sidewalk and edge of any site development (parking lot screens, shrub landscaped areas, etc.). • The abutting property owner is responsible for maintaining the improvements within the public right of way from the property line to the edge of the curb. This includes street trees, groundcover areas, irrigation and sidewalks. • The entrances to the residential areas are to be defined with a raised feature planted island and identification sign. Plant Material The use of semi -mature plant materials is important to establish the character of the development. The use of more mature plant material allows for more immediate enjoyment and provides a more finished look to the development. At a minimum the size at time of planting should be that which is set forth in the Eagle City Code. Native Vegetation Make extensive use of native plant material (trees, shrubs, and groundcovers) in the design of landscape areas. Non-native ornamental plant material can be used to expand the creative palette of the landscape designer provided the plants are hearty and compatible in character with native material. • Retain as many existing trees as possible with calipers of four inches or greater. Retain understory vegetation to support wildlife habitat. • Add trees to groups of existing trees to visually expand and enhance the presence of the native plant environment. Exhibit E - 18 • Include sufficient evergreen plant material within the development to, create a year-round foliage effect. Possible locations include: service areas along borders with residential areas, along blank walls, and on parking islands. Exhibit E - 19 Exhibit F Design Guidelines Commercial (Areas D 8 E) Graphics — (continued) the signage meets the minimum standards of quality, elegance and sophistication established for the Center as a whole. The character of the project and the tenant signage will be defined by specific "Sign Design Guidelines" developed by Poag & McEwen and their design consultants, as the project evolves. These guidelines will allow individualistic expression and respect to the various brands, but will exercise control over the dimensions, locations, material and style of the signs. The Developer's group will reserve the right to review and modify any signage that does not comply with the directives of the pre -established standards. The following is a list of the potential (but not limited to) sign types that will be part of the project: • Pylons • Monuments • Vehicular directionals • Pedestrian directionals • Directories • Street signs • Blade signs • Storefront • Tenant • Banner program Signage The design of the signage at The Shops at Lakemoor is an integral and important component of the overall design theme. It is imperative for the success of the Center and the tenants that an eclectic and wide range of signing be allowed. This signage program shall be submitted for approval to the City of Eagle. The program consists of the following categories that have been established to more clearly identify the types of signs to be use at The Shops at Lakemoor. • Project identity signage (major anchor tenant not to exceed 72" in height, secondary tenants 7 not to exceed 36" in height both having a width of no more than 70% of the tenants space. • �� : c:�:� ::...... .... . 10' in height • Monument signs • Street signs • Banners • Temporary signs • Directional signs • Pedestrian directionals • Vehicular directionals • Pedestrian directionals • Tenant .signage • Fascia signs • Window signs • Blade signs • Awnings signs • Service area signs • Individual internally illuminated plexface channel letters • Individual internally illuminated back or halo lit letters • Externally illuminated signs • Non lit signs • Open face channel neon letters • (See attached exwnple of allowable sign types) Exhibit F - Exhibit F Design Guidelines Commercial (Areas D & E) Introduction It is the goal of Poag and McEwen to bring a high level of retailing and architectural sophistication to The Shops at Lakemoor. It is their desire to make this project an urban landmark that will not only encourage the residents of Eagle to remain in the community, but will also attract people from neighboring areas. In addition to shopping, this Center is intended to offer dining and entertainment in a friendly and engaging environment. It will serve as a catalyst of activity where people of all ages and gender will be able to interact with one another reinforcing the sense of belonging in the community. Guidelines Objectives The goal of these Architectural Design Guidelines is to establish minimum quality standards for the placement, arrangement, materials and style of the elements that will form the built environment. These guidelines are not intended to prescribe any one particular design solution but rather to set an overall framework where a variety of creative solutions can coexist in a pleasant and harmonic setting. Design Philosophy Sense of Place The design philosophy for the project is to create a safe, exciting, friendly, and visually stimulating environment that becomes a center of social activity for the community. It is intended to convey an inviting sense of elegance, exclusivity, and sophistication. The design and placement of the buildings and public spaces will be arranged and choreographed into an eclectic and visually stimulating composition. This arrangement shall elicit a positive emotional response defined as "sense of place." Sense of place means a setting that just feels right. Sense of place is achieved when the space meets the following characteristics: 1 • Sense of order • Sense of scale • Sense of mystery • Sense of enclosure • Sense of honesty • Sense of style Sense of Order The Shops at Lakemoor will have a clearly defined layout that will provide a sense of orientation and order. It will be inviting and comfortable and provide users with a sense of familiarity and security. The heart of the project, located at the center of the main vehicular drive, will offer congregational opportunities and it will be clearly defined by the positioning of significant buildings. This space will be connected by a network of sidewalks and vehicular drives which will be visually stimulating and provide a memorable experience for the users. In addition to these links, there will be a paseo that will provide convenient pedestrian flow between the shops and the parking areas located at the periphery of the Center. Sense of Scale • Relation to human scale • Clear understanding of proportions and relationships • Appropriate placement and dimensioning of elements The sizing of public spaces and the dimensioning of buildings, as well as the relationships in between them will carefully respond to the human scale. It will be important that the spaces generated by the layout of the Center provide a variety of experiences for the users. Spaces that transition from narrow to wide and open create dramatic effects that enhance the quality of the setting. Architectural elements that are tall in nature create a visually stimulating composition when they are positioned against low and horizontal backgrounds. Exhibit F - 2 Exhibit F Design Guidelines Commercial (Areas D 8 E) Some non occupied architectural features may exceed 40' in height to create focal destinations such as but not limited to: cupolas, finials, roof - ridge line, roof peaks and towers. Sense of Mystery • Development of a plot • Choreographing of elements • Sequencing / variety of experiences The project layout and architectural treatment of the buildings will promote exploration and discovery. The properly choreographed placement of architecturally significant elements and public areas will stimulate the desire to stroll around and get acquainted with the variety of experiences offered by the Center. Sense of Enclosure • Space containment • Sense of being immersed in a unique environment • Sense of security For the space to encourage personal interaction, be comfortable and safe, it is essential that there is containment and definition of its boundaries. The establishment of limits meets a basic human need. The definition of the space will occur at various levels, from street edges defined by the Targe buildings to intimate spaces defined by umbrellas and canopies. Sense of Honesty • Material selections (natural vs. faux or artificial) • Architectural credibility The architectural forms as well as the materials selected for the project must be perceived as natural and authentic in the areas that are in close contact with the public. This is especially true at sidewalks and areas of facades from the ground up to 8-15 feet high. 2 Any architectural style could potentially fit within the composition of the Center as long as the proportions, colors, and materials are consistent with that particular vocabulary. Sense of Style The architectural treatment of the buildings will be eclectic in character. To diminish visual fatigue and to create a rich and visually stimulating environment the Center will promote the co— existence of traditional contemporary and transitional styles in a harmonic composition. Good taste, individualistic expression, and appropriate building articulation will be more important than strict enforcement of any particular style. Zone of Direct Interaction Adding another dimension to the architectural elements, signage and environmental graphics will be instrumental in establishing the character and identity of the design. Since the vast majority of the pedestrian movement occurs on the sidewalks, the interaction with the spaces and therefore the perception of the quality of the environment is stronger in that area. Design Categories In order to better identify the specific intent for all of the components that potentially will be part of The Shops at Lakemoor, these guidelines have been divided into design categories associated with the different type of tenants. The following is a list of such categories: • Anchor tenants • Specialty shops • Restaurants • Service areas Exhibit F - 3 Exhibit F Design Guidelines Commercial (Areas D & E) Anchor Tenants Large format retail can be defined as anchor stores having prototype architecture on a regional or national basis. For the purpose of this document they will be defined as Tenants of 20,000 SF or larger. The design criteria outlined herein is intended to provide design standards for Targe footprint buildings that need to be assimilated within the context of the center without detracting from the scale, connectivity, traffic patterns, walk—ability and image of the project. • Facades shall be articulated to reduce any massive scale or impersonal appearance. • Buildings shall have architectural features and patterns that provide visual interest. • Variation in rooflines is encouraged. • Entryway design elements shall give orientation and be aesthetically pleasing. • Canopies or other weather protection elements will be recommended at main entrances to articulate the design features of the facade. • Builthngs may be two stony based on need and use requirements but can not exceed 50' in height. Specialty Shops Smaller retail and service-oriented establishments shall enhance the Center's identity and provide the core of shopping activity to the public. Their presence shall give a friendly and intimate appearance to the composition. Window displays should contribute to the visual enhancement of exterior facades. The design includes the following: • Appropriately scaled entryway features including windows, doors, portals, arcades, recesses, and overhanging projections. • Storefronts shall provided substantial transparency from grade to 10 feet high between piers. 3 • Large expanses of blank walls are unacceptable. • Fafade matenals shall be aesthetically pleasing and compatible with materials and colors used throughout the project. • All roof equipment must be concealed from the public view. • The parapet height for a one-story building shall be at a minimum to appropriately screen roof equipment. • The use of E.I.F.S. or easily damaged materials shall be discouraged below 6 foot above grade. Restaurants Restaurants are an important component of the fabric of the Center. They provide indoor and outdoor activity and help activate the public realm enhancing the sense of place. • Prototype identity for established restaurants will be embraced. • Service areas and rear facades shall be properly designed to maintain visual quality • Outdoor seating areas and patios are permitted and shall be encouraged. • Unusual exhaust and mechanical apparatus shall be carefully incorporated into the architecture of the buildings. • Building.s• may be two story based on need and use requirements but ran not exceed 50' in height Service Area Exhibit F - 4 • Service Courts will be treated with EI.F.S, painted CMU, or decorative CMU integrally colored to complement the Center palette. • Where portions of the service court wall(s) are exposed, additional enhancements will be incorporated that are consistent with the requirements for building facades. • All rooftop HVAC equipment will be screened from public view. Exhibit F Design Guidelines Commercial (Areas D 8 E) Service Area — (continued) • Adequate turning radii for trucks to circulate within the development will be provided. Materials The selections of materials for The Shops at Lakemoor will be evaluated on their capacity to perform under anticipated weather conditions and also by their visual appearance as well as ability to create the desired architectural effect. As a general rule, the materials that are in close contact with the public (sidewalks and the first eight feet of facade treatment) will be durable and convey a sense of naturalness and authenticity. The following is a suggested list of acceptable materials for the facades exposed to view: • Face brick • Smooth face, integrally colored concrete masonry units (used mainly as fences / screen walls typical) • Smooth face concrete masonry units • Fluted or split face, integrally colored concrete masonry units • Fluted or split face concrete masonry units • Quik Brik, Design Brik (C.M. U. that simulates brick) • Glass block • Poured Pre -cast, and colored/decorative concrete • Poured concrete • Cast stone and limestone • Simulated/cultured stone • E.I.F.S and Stucco • Stained wood • Glass (clear, colored, sand blasted, etched, etc.) • Storefront (aluminum, wood, steel, etc.) • Metal panels • Decorative metals • Curtain wall • Brick pavers, stamped and/or ceramic tile 4 • Clay or colored concrete roof tiles • Dimensional asphalt shingle roofing • Standing seam metal roofing • Slate roof • Synthetic slate roof • Painted C.M.U. (mainly for service areas) Colors The overall color palette for the center will be "warm and earthy" in character. The majority of the buildings coloration will have a bias towards the ambers, tans, beiges, and warm grey hues. These colors will be complemented with elements that will show higher intensities of tone such as deep ambers, yellows, ochres, and oranges to create visual interest. In special situations there will be an introduction of greens, aquas, violets, and other colors that are not part of the earthy spectrum. Elements such as awnings and signage will add color and intensity to the facades by using primary colors such as blues, yellows and reds. Facades The architectural treatment of the facades that are exposed to view will be a combination of traditional, contemporary and transitional styles. At strategic locations there will be architecturally significant elements such as towers or carefully articulated facades that will help define public spaces, terminate visual corridors or become orientation points that will add a sense of order and mystery to the overall composition. In an effort to add authenticity to the composition, the architecture will enable "individualistic expressions" thus allowing retailers the ability to showcase their image and brand. Elements such as storefronts, awnings and knee walls will be designed by the tenants with the developer's approval to enrich the visual quality of the space. Exhibit F - 5 Exhibit F Design Guidelines Commercial (Areas D & E) Facades — (Continued) The overall design of the buildings will promote horizontal and vertical movement in the facade planes to enhance interest and "sculptural feel". The building's facades will be complemented with trellises, canopies, colonnades, blade signs and wall mounted fixtures to create an accessorized look to the experience along the sidewalks. Hardscape The hardscape treatment for the Center will be designed to accentuate and define areas of activity and to enhance the architectural character of the space. A variety of materials will be used to add visual interest and richness to the environment. In plazas where congregational opportunities are provided, special attention will be given to the sculpting of the space. The introduction of elements such as fountains, sculptures, gazebos, seating areas, lawns, etc. will help create a comfortable yet dynamic environment for the public. These elements will help encourage multi— generational interaction. The use of pavers and accent treatments like sidewalks, pedestrian crossings and plazas will help create visual definition and embellishment to the pedestrian experience. Textural changes at vehicular traffic zones will function as traffic calming devices that will help create a safer environment for the users. Landscape Primary landscape materials will be of quality. Shrubbery and ground covers will provide visual impact with the use of color and texture while also providing screening in needed areas. The landscape elements in general will be used to highlight the architecture of the surrounding structures. Landscaping and planting areas will be reasonably dispersed throughout the site. The interior dimensions of any planting areas or any planting median must be sufficient to protect the landscape materials planted within and to ensure proper 5 growth with an attractive appearance. Plant material should be selected for type, size and quality on the basis of suitability to climate, setting, and compatibility with other plant material. Planting in public right of way to be considered. Tree replacement calculations will not he enforced in this situation. Parking areas have been designed to comply with the intent of the local code required landscape island spacing and density. Landscape terminal islands, perimeter islands as well as large landscape canoes where placed within the site to be within 60' of a vehicle by measuring from either the front or rear of the vehicle, The large canoes provide a better breakdown of the parking lot areas into smaller zones and provide better planting area for landscape materials. On Main Street we have included terminal islands at drive entries and have designed raised Landscape Planters at 50' centers located within the sidewalk transition zone for continuous street trees. All landscaping covenants described above are referenced in the "Landscape Plan LS 10 01, 10 02, 10 03, 10 04 and 10 05 dated 4/11/07" drawings attached. Lighting Lighting for the Center will be divided into general Illumination and specialty / accent lighting. General illumination shall include the following: • Parking lighting • Historic Style Street poles • Wall packs Specialty / accent lighting may include the following: • Decorative wall sconces • Accent building lighting • Landscape lighting • Lighted bollards General parking lot illumination will be designed and installed so that the level of illumination as measured in foot-candles at grade provides a minimum of 2 foot-candles. Where possible on the Exhibit F - 6 Exhibit F Design Guidelines Commercial (Areas D & E) Lighting - (continued) site and to maintain acceptable light uniformity, a maximum to minimum light level design goal is not to exceed a ratio of five to one. Light fixtures will be (HPS) high pressure sodiuin and mounted on a maximum 30' high pole and base assembly. Accent building lighting shall be used to enhance entries, tower elements, and piers at prominent locations and shall he metal halide. Landscape lighting shall be utilized to accentuate the plantings at entrances, the plaza and at prominent landscape features and shall be metal halide. Historic style light standards will line the main arteries of the center and shall be illuminated with metal halide. (See attached drawings I:1 thru 3 dated 6/7/07. Building Illumination Building and canopy lighting may be high efficiency, low wattage metal halide fixtures to maximize effect and color rendering. This includes equipment with inherently superior reflector Tight control and precision optics, eliminating glare and off-site light trespass. Some LED sources could be utilized as well. Architectural lighting sconces will be used at piers and entries for pedestrian orientation and safety. Low level recessed walkway lights will be utilized where necessary for supplemental safety illumination. A maximum 17' high historic pedestrian light pole will be used in pedestrian areas and street side vehicular parking locations. High efficiency, low wattage metal halide fixtures will be employed as the principal light sources in order to maximize effects and color rendering. Special accent lighting of landscape elements and water features will be employed at key locations to enhance the pedestrian experience. Both metal halide and LED illumination will be considered for longevity and color reliability. 6 Amenities The selection of architectural amenities shall be complementary to the architectural character of the center. The amenities shall convey a sense of warmth and comfort and be visually appealing and properly integrated into the fabric of the center. The materials used for the selected amenities shall be durable and functional. The list of potential amenities shall include (but not limited to) the following: • Benches • Trash receptacles / ash receptacles • Decorative poles with fabric banners • Bike racks • Fountains • Gazebos • Tower structures • Pedestrian walkway / trail way • Music systems • Flag poles • Plaques • Phone enclosures • Tables/umbrellas • Valet parking booths • Clocks • Advertising panels • Carts and kiosks • Customer service booths • Water fountains • Vending machines Graphics The graphics and the site signage for the Center will serve to orient and facilitate the movement of people around the center and to create an easily identifiable environment. They will also help to accessorize the architecture of the building and to highlight areas and zones of special interest. The overall feeling for the signage shall be compatible with the eclectic flavor of the buildings. A variety of styles will be encouraged as long as all Exhibit F - 7 Design Philosophy Sense of order, scale, mystery, enclosure, honest, style MR" ' 11 . -11iII -41111114 Exhibit F - 8 Sense of style Exhibit F - 9 Zone of interaction e t Varies Luse f,g„ Slrett light bus 4gri: Arty e UnoPi or ✓aft; bodies anenit.'es Exhibit F - 10 i 1 1 cairn sidesnft rtore/reve 'Attiep!'ints tn. Win Sense of order • 1 11 Exhibit F - 1 I Sense of place 'N3• COwU,T f Exhibit F - 12 Graphics & signage array STATCSartilr Exhibit F - 13 S.W. Mainstreet looking west N.E. Mainstreet looking east suownala AJeu!pleid c I - A INItlx11 North End of Center looking south Center Plaza looking north suon.eAG AJeuwjaid Proposed Center Plaza Rendering Exhibit F - 16 r MATCH LIN 15 CV q 0 1irJ JEW Z— PQND 4 • !t ti • sere .33 MATCH LINE ILAM/PE PITW — Pu TIS! iY� BO wCK .wr[ 7.77:41::".. ii "' "..."4: ''.''. .....2" V....: nq...ws „.•sscs razz - farm 11-1 Y�tliY WP Exhibit F - 17 I I I I I ,,.�R�1ATCiH UTNE 10_i2. r, MA CH LINE L10 0$ L! i 7 VII, .\ •',. •�. � \ \\�� \.-.:.\\,-,.)(.\\,V(.•_, I IV) 17- .1 I 1.1 I P* ef,mirmor . •��;. ��i:,-`i IOW e.' 40O'1+'2+ A .a.• arra r NM OO 2. 0.) ]5 - RANT UST Isyk4 etym.. Pout 1 co... wwc M. I aNu[�ru =AM os wol LIE -1 I = IItAND APEPUN I L DD 10 02 Exhibit F - 18 i PV.117 tic }nil WI.C/a .wd I CUWY 14•1 Goodin MIR II II esiVa II • r Vol 10.11 11 OrWw,. nlq I _ %CEWb�N•M I! r 0.0 roue wal WISE. VOI =Ws 6144 \< \ i i i i i AT'H--`"INE 10,02 MATCH LiNE L10.03 4)17511 MIK -7 rri I wOSCAPE uw PA 5 0 i 00 10 03 Exhibit F - 19 0 !O A. 0 LANDSCAPE PLAN I — i 11 r , 1.1, 7A 1 I I I 1.. r7'.) eillt 71 ,Alaik \ ' 111 IP LTV TNNraind. •LIIWIL IL i orall trerxr1111...,.:,.;1.:::)..14 °7 --411101ft wallei...'. —1,4PREflriwg004..Ti.t aCM 1M .agatiliNkiZWINE:. el. III 17•11147"4111110 .ar- ..2-...tgAMOI11111 '.:.;...AT tie. iie11mEfAiimirmir .:'..! ,i, . —7,...,,,,...0..,,,Forn.,„„i„, . , V:11. `V/i u r• , 0 1 a Il- $.1,' 11 11.. A 1 O. r -- t 11111 MI- ti Ige,glgig Ir! te: . .% lia ,(g••ITF.Tx IS 11110f ifiii.11111 NSSWi',1,N " gt Tgas Skopt 0 11 LAKEMOOR Exhibit F - 20 LAA 1:" lki111111111,1 vI REiltEEA6, 1 1 /•/ LAKEMOOR shrol Exhibit F - 21 0 PARKING LOT LIGHT POLE NOM 30' HIGH, 250w HPS 0 • J PEDESTRIAN LIGHT POLE. NOM 16' HIGH, 100W METAL HALIDE , • • v 1;1 1 • '" • • • , • , "r • . . • • • • - - r /, • ,1 • • • • • o • • • • • • , • • r: — e • • • • 1 • '"4A SITE LIGHTING PLAN EZ - d !9!4x3 DARKING LOT POLE LIGHTING ELEVATION 'EDESTRIAN POLE LIGHTING ELEVATION rc - A 1199X3 .EDESTRIAN LIGHTING DETAIL