Development Agreement - 2019 - Eagle Island Marketplace - 12/27/2019 Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator ADA COUNTY RECORDER Phil McGrane 2020-002587
City of Eagle BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 01108/2020 02:12 PM
P.O. BOX 1520 EAGLE CITY NO FEE
Eagle,Idaho 83616 1111111 111111111111111 liii 11 1II
00724093202000025870060067
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, made and entered into on the date 'as
indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho
("Eagle"), by and through its Mayor, and Lazy P Limited Partnership ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 1500 West
Chinden Boulevard, Meridian, Idaho ("Property"), as specifically described in the attached legal
description (Exhibit A) which is the subject of an Application for Rezone identified as Rezone
Application No. RZ-08-O8MOD; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned C-3-DA (Highway Business District with a development
agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 109105071 are in, and shall remain in full force and effect, except that, conditions of
development 3.25 is amended as stated herein.
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-
1(C)(1) and be bound by same; and
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns
that have arisen and for and in consideration of the mutual covenants contained in the
Development Agreement recorded under Instrument No. 109105071, the modification is agreed
to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.25 The development shall be limited to three (3) drive-thru
restaurants, one (1) pharmacy drive-thru, two (2) banks/financial
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42989.0013.12501481.1
institutions (with drive-up service), one (1) remote drive-up ATM,
and one (1) fuel service station. The City may place reasonable
limits on the hours of operation of all drive-thru uses to ensure
compatibility with adjacent uses.
ARTICLE II
GENERAL MATTERS
•
Enforceable Provisions. The original Development agreement,
instrument number 109105071, remains in full force and effect
except as modified in Article I herein.
Effective Date. This Development Agreement Modification shall
be effective after delivery to each of the parties hereto of a fully
executed original of this Development Agreement Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement
Modification.
DATED this 1. i day of, Q, 2019
e%111111/1Ij
OF EA �'A� CITY OF EAGLE, a municipal corporation
��;• o R ••.� organized and existing under the laws of the State
o�p /1?,*. = of Idaho
• " • .
SEAL
•.1�t� ,‘,``c\'4,%0 By: ! \
••....•.•
`ITEF�1�,$ Stan Ridgeway, Mayor
OF
ATTEST:
\fA
Sharon K. Bergmann, City Cleft
OWNER:
LAZY P LIMITED PARTNERSHIP,
an Idaho limited partnership
By: Lazy P Legacy Corporation,
an Idaho corporation
Its: General P rtner
By: /1
Kay Perkins
Its: Vice-President, Secretary and Treasurer
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42989.0013.12501481.1
STATE OF IDAHO )
: ss.
County of Ada )
On this 2ay of De.ct e rn b e lZ , 2019, before the undersigned Notary Public in
and for the said state, personally appeared KAY PERKINS, known or identified to me to be a
Vice-President, Secretary and Treasurer, of Lazy P Legacy Corporation, an Idaho corporation,
the owners of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
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F. Gni'', My Commission Expires: d z4 ems.. 2 2 2 e),;4't
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42989.0013.12501481.1
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL B OF RECORD OF SURVEY NO. 11551, RECORDED SEP 1 AMBER 26, 2018, AS
INSIRUMENT NO. 2018-091128,
AND BEING LOT 4 AND A PORTION OF LOT 5, BLOCK 1 OF LAZY P SUBDIVISION,
ACCORDING TO THS PLAT THEREOF, FILED IN BOOK 103 OF PLATS AT PAGES
13931 THROUGH 13933, RECORDS OF ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THS NORTHWEST CORNER OF SAID LOT 4 MONUMENTED BY A
FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "LAND GROUP PL 7880", FROM
WHICH THS NORTHEAST CORNER THEREOF BEARS SOUTH 89°22'32" EAST, A
DISTANCE OF 140.95 FEET; THENCE ALONG THE NORTHFIRLY BOUNDARY OF SAID
LOT 4, SOUTH 89°22'32" EAST, A DISTANCE OF 141.37 FEET TO A SET 5/8" REBAR
WITH PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE
SOUTH 00°37'28" WEST, OFFSET 0.42 FEET EASIERLY AND PARALLEL WITH THE
EASTERLY BOUNDARY OF SAID LOT 4, A DISTANCE OF 55.00 FEET TO A SET 5/8"
REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE ALONG THS
COMMON BOUNDARY OF LOTS 4 & 5,
NORTH 89°22'32" WEST, A DISTANCE OF 39.06 FEET TO A SET 5/8" REBAR WITH
PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE
SOUTH 00°37'28" WEST, OFFSET 9.10 FEET EASTERLY AND PARALLEL WITH THE
EASTERLY BOUNDARY OF SAID LOT 4, A DISTANCE OF 195.00 FEET TO A SET 5/8"
REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464" ON THS
SOUTHERLY BOUNDARY OF LAZY P SUBDIVISION; THENCE ALONG SAID
SOUTHERLY BOUNDARY,
NORTH 89°22'32" WEST, A DISTANCE OF 192.10 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 4, MONUMENTED BY A FOUND 1/2" REBAR WITH ILLEGIBLE PLASTIC
CAP; THENCE ALONG SAID WESTERLY BOUNDARY,
NORTH 00°37'28" EAST, A DISTANCE OF 195.00 FEET (FORMERLY 195.01' ON SAID
PLAT) TO A SET 5/8" REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464;
THENCE ALONG THE NORTHERLY BOUNDARY,
SOUTH 89°22'32" EAST, A DISTANCE OF 89.79 FEET TO A SET 5/8" REBAR WITH
PLASTIC CAP STAMPED "FLSI PLS 12464; THENCE ALONG THE WES1bRLY
BOUNDARY,
NORTH 00°37'28" EAST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING.
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42989.0013.12501481.1
EXHIBIT "B"
Affidavit of KAY PERKINS on behalf of Lazy P Limited Partnership
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
KAY PERKINS, who being first duly sworn under oath, deposes and says:
1. I am KAY PERKINS, who is the Vice President, Secretary, and Treasurer of Lazy P
Legacy Corporation executing the Affidavit of Legal Interest on behalf of Lazy P Limited
Partnership, whose mailing address is 7610 Amity Road,Nampa, ID, 83687 ("Owner").
2. Owner is the fee simple owner of the real estate located at 1500 West Chinden
Boulevard, Meridian Idaho as specifically described in the attached legal description
(Exhibit A) (the "Property").
3. Kay Perkins authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and
Eagle CityCode Section 8-10-1 dated the _ 1 oda of pec'err,, , 2019 byand
g � y
between the City of Eagle, a municipal corporation in the State of Idaho, and Owner (the
"Agreement").
DATED this 2 aayof L , 2019.
By: Lazy P Limited Partnership,
an Idaho limited liability company
By: Lazy P Legacy Corporation,
an Idaho corporation
Its: General Partner /
By: l-C/
Kay Perkins
Its: Vice-President, Secretary and Treasurer
SUBSCRIBED AND SWORN to before me this 2 7 dayof12ee'L R&c. , 2019.
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',,ass ameiti,,,, J::42e- ,-
) F. GO 'v
�►,.•�'••'••.• O Notary Public for Idaho
1,54): 14O AR Y � Residing at f , Idaho
I "' • My Commission expires .. 26,21
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•.,"1i.,••..••lVq, Page 5 of 6
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42989.0013.12501481.1
EXHIBIT A
LEGAL DESCRIPTION OF THS PROPERTY
PARCEL B OF RECORD OF SURVEY NO. 11551, RECORDED SEP 1 AMBER 26, 2018, AS
INSiKUMENTNO. 2018-091128,
AND BEING LOT 4 AND A PORTION OF LOT 5, BLOCK 1 OF LAZY P SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 103 OF PLATS AT PAGES
13931 THROUGH 13933, RECORDS OF ADA COUNTY, IDAHO AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 4 MONUMENTED BY A
FOUND 1/2" REBAR WITH PLASTIC CAP STAMPED "LAND GROUP PL 7880", FROM
WHICH THE NORTHEAST CORNER THEREOF BEARS SOUTH 89°22'32" EAST, A
DISTANCE OF 140.95 FEET; THENCE ALONG THS NORTHERLY BOUNDARY OF SAID
LOT 4, SOUTH 89°22'32" EAST, A DISTANCE OF 141.37 FEET TO A SET 5/8" REBAR
WITH PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE
SOUTH 00°37'28" WEST, OFFSET 0.42 FEET EASTERLY AND PARALLEL WITH THE;
EASThRLY BOUNDARY OF SAID LOT 4, A DISTANCE OF 55.00 FEET TO A SET 5/8"
REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE ALONG THE
COMMON BOUNDARY OF LOTS 4 & 5,
NORTH 89°22'32" WEST, A DISTANCE OF 39.06 FEET TO A SET 5/8" REBAR WITH
PLASTIC CAP STAMPED "FLSI PLS 12464"; THENCE
SOUTH 00°37'28" WEST, OFFSET 9.10 FEET EASTERLY AND PARALLEL WITH THS
EASTERLY BOUNDARY OF SAID LOT 4, A DISTANCE OF 195.00 FEET TO A SET 5/8"
REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464" ON THS
SOUTHERLY BOUNDARY OF LAZY P SUBDIVISION; THENCE ALONG SAID
SOUTHERLY BOUNDARY,
NORTH 89°22'32" WEST, A DISTANCE OF 192.10 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 4, MONUMENTED BY A FOUND 1/2" REBAR WITH ILLEGIBLE PLASTIC
CAP; THENCE ALONG SAID WESTERLY BOUNDARY,
NORI'H 00°37'28" EAST, A DISTANCE OF 195.00 FEET (FORMERLY 195.01' ON SAID
PLAT) TO A SET 5/8" REBAR WITH PLASTIC CAP STAMPED "FLSI PLS 12464;
THENCE ALONG THS NORTHERLY BOUNDARY,
SOUTH 89°22'32" EAST, A DISTANCE OF 89.79 FEET TO A SET 5/8" REBAR WITH
PLASTIC CAP STAMPED "FLSI PLS 12464; THENCE ALONG THE WESIERLY
BOUNDARY,
NORTH 00°37'28" EAST, A DISTANCE OF 55.00 FEET TO THE POINT OF BEGINNING.
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