Mou/Moa - 2008 - Legacy MOU For Issuance Of Bldg Permits - 2/1/2008
MEMORANDUM OF UNDERSTANDING
FOR ISSUANCE OF BUILDING PERMITS
This Memorandum of Understanding (the "Agreement") is entered into as of the ~ day of
1eb~, 2008, by and between the City of Eagle ("City"), an Idaho municipal corporation,
located in Ada County, Idaho and Eagle Sports Legends Development, LLC; Eagle Sports
Legends Development #2, LLC; NGBRE, LLC; Legacy Idaho, LLC; Signature Academies
Idaho, LLC, all of which are Idaho limited liability companies, and Idaho Development Services,
Inc., an Idaho Corporation, (collectively referred to as "Applicant").
WHEREAS, the City and the Applicant entered into a Development Agreement recorded in Ada
County on October 12,2006 as Instrument Number 106161990 ("Development Agreement") and
the Applicant is, and remains, subject to the terms and conditions of that Development
Agreement and any executed amendments thereto; and
WHEREAS, the final plat for the Mosca Seca No.1 Subdivision cannot be signed until the
requirements of the November 17,2005 Memorandum of Agreement ("Development Agreement
MOA"), labeled as Exhibit M of the Development Agreement, are met; and
WHEREAS, they have not been met but Applicant has maintained that it needs to begin
construction of model homes; and
WHEREAS; the Applicant desires to obtain 13 building permits for lots located in the Mosca
Seca No.1 Subdivision prior to final plat approval; and
WHEREAS; the Applicant, in consideration of the City's issuance of the building permits,
agrees to transfer water rights to the Idaho State Water Bank for a period of five (5) years for the
City's use;
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements
contained herein, and intending to be legally bound, the parties hereto agree as follows:
1. Applicant will lease Water Right 63-7847 and Water Right 63-5094 to the Idaho State Water
Bank for a period of five (5) years for the limited and sole purpose of allowing the City to lease
those water rights from the Water Bank. No other party except the City shall be entitled to lease
any portion of Water Right 63-7847 and Water Right 63-5094 during the five (5) year period.
The City agrees not to serve any other properties with the Leased Water Rights without reserving
sufficient amounts of the Leased Water Rights to serve the thirteen (13) lots.
2. In the event the City leases any portion of Water Right 63-7847 and/or Water Right 63-5094,
the City shall be required to pay only associated administrative costs of the water lease.
3. The City will issue no more than thirteen (13) building permits on real property located in
Mosca Seca No. I Subdivision prior to signing the final plat by the City Clerk. Upon issuance of
the thirteen (13) building permits, Applicant acknowledges that no final certificates of occupancy
will be requested or issued and no further building permits will be issued for the Mosca Seca No.
MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 1
1 Subdivision until the terms ofthe Development Agreement MOA or its subsequent
amendments have been met.
4. Applicant waives any claims it may have or which may arise in the future against the City
regarding this Agreement or the availability of potable water to the thirteen (13) structures built
pursuant to the thirteen (13) permits.. Applicant further agrees to hold the City harmless from
any and all claims that may be brought or prosecuted against the City by any third-party or
subsequent owner(s) of the thirteen (13) lots on which building permits were issued for failure to
issue certificates of occupancy.
5. Any individual or officer signing this Agreement represents that he or she is properly acting
as an agent of any named organization and is vested with all necessary authority to execute this
Agreement on behalf of the named organization and to bind said organization, heirs, agents,
employees, successors and assigns to it terms.
6. Any dispute, difference, claim or disagreement arising under or with respect to this
Agreement, including the meaning or construction thereof, shall be referred to a single arbiter
agreed upon by the parties. If no single arbiter can be agreed upon, an arbiter or arbiters shall be
selected in accordance with the American Arbitration Association ("AAA"). Such dispute,
difference, claim or disagreement shall be settled by arbitration in accordance with the then
prevailing commercial rules of the AAA, and judgment upon award rendered by the arbiter(s)
may be entered in the Fourth Judicial District of the State ofIdaho. In the event an arbitration is
completed and an award rendered by the arbiter(s), it is agreed the prevailing party shall be
entitled to reasonable attorney fees to be fixed by the arbiter(s).
7. The parties acknowledge that this Agreement runs with the land and may be recorded with
Ada County.
8. This Agreement may be executed in several counterparts, each of which is an original but
collectively constitutes a single document.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the
day and year first above written.
L Feb.
Dated this . day of JafHiary-2008.
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CITY CLERKffREASURER
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CITY OF EAGLE
MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 2
ORIGINAL
SECOND AGREEMENT TO AMEND THE MEMORANDUM OF AGREEMENT
FOR COST SHARING OF ENGINEERING SERVICES
This Agreement to Amend and Extend the Memorandum of Agreement for Cost Sharing of
Engineering Services ("Agreement") is made this 2 I day of June, 2017 ("Effective Date"), by and
between the City of Eagle, a municipal corporation organized under the laws of the State of Idaho
("City"), the Eagle Urban Renewal Agency, an urban renewal agency organized under the laws of the
State of Idaho (`SURA"), the Eagle Fire Protection District, a governmental entity organized under
the laws of the State of Idaho, Pacific West Communities, Inc., an Idaho corporation and Eagle 26,
LLC, an Idaho limited liability company. The above noted individuals and entities may individually
be referred to as "Party" and collectively be referred to as "Parties".
WHEREAS, the Parties entered into a Memorandum of Agreement for Cost Sharing of
Engineering Services dated March 25, 2016 ("MOA");
WHEREAS, the Parties entered in an Agreement to Amend the Memorandum of Agreement for
Cost Sharing of Engineering Services dated October 12, 2016 set to expire March 31, 2017, unless
engineering services have not been completed and then an automatic 90 day renewal period would
commence;
WHEREAS, due to unforeseen delays, such as land title and access issues, the Engineering
Services have not been able to commence;
WHEREAS, the Parties continue to endeavor on this project as originally contemplated in MOA
and subsequent amendment;
WHEREAS, the Parties wish to extend this Agreement for a period of one (1) year.
NOW THEREFORE, for mutual consideration, the receipt, value and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Paragraph 2 of the Agreement to Amend the Memorandum of Agreement for Cost Sharing of
Engineering Services dated October 12, 2016 be deleted in its entirety. The term of the MOA
described in Section IIIA shall be amended as follows:
This Agreement begins immediately upon execution and shall remain in effect
through September -3072014 June 30, 2018, or until the engineering services are
completed and final payment is made by each of the Parties, whichever occurs first.
2. All other terms of the Agreement and amendments thereto remain the same and in full force
and effect.
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT FOR COST SHARING -- ENGINEERING SERVICES PAGE 1 OF 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this 1'? day
of June, 2017.
EAGLE URBAN RENEWAL AGENCY:
co/IA/+7
Bye Kunz, Chairman
CITY OF EAGLE:
Attest:
Ellen Smith, Secretary
Attest:
Stan Ridgeway, Mayor&t°1°('‘
baron Bergmann, City Clerk
EAGLE FIRE PROTECTION DISTRICT:
Attest:
O/Wein
Gary Stillwe Chairman Angi McBride, Administrative Manager
Kevan Kjar, CommNsio r
r
an Friend
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PACIFIC WEST COMMUNITIES, INC.:
Caleb Roope, President/CEO
EAGLE 26, LLC:
Greg McVay, Managing Member
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT FOR COST SHARING - ENGINEERING SERVICES PAGE 2 OF 2
Eagle Sport Legends Investment, LLC
~;--si.gnature
~lts: Manager
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STATE OF IDAHO )
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County of Ada )
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On the 1- day of 2 08, before me, the undersIgned, a Notary Pubhc In and
for said State, personally appeared ~(" tt Ad ( c cL in his capacity as Manager of Signature
Sports Investment, LLC, and known to me to the be person whose name is subscribed to the
within and foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREQJ....l.bay,e hereunto affixed my official seal the day and year first
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 3
NGBRE, LLC
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/~ Manager
ST ATE OF IDAHO
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On the I day of Jaffilary 2008, before me, the undersigned, a Notary Public in and
for said State, personally appeared Scott C. Adcock in his capacity as Manager of NGBRE,
LLC, and known to me to the be person whose name is subscribed to the within and foregoing
instrument and acknowledged to me that he executed the same.
County of Ada
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 4
Eagle Sport Legends Investment #2, LLC
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By: Signature.&pOrts Investment, LLC
Its: Manager
STATE OF IDAHO )
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County of Ada )
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On the day of..Jaetiary 2008, before me, the undersigned, a Notary Public in and
for said State, personally appeared SCD tt Adco( k.., in his capacity as the Manager of Signature
Sports Investment, LLC, known to me to the be person whose name is subscribed to the within
and foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written.
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 5
Legacy Idaho LLC
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~: Vice President
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On the day of 2008, before me, the undersigned, a Notary Public in and
for said State, personally appeared Scott C. Adcock in his capacity as Vice President of Legacy
Idaho LLC, and known to me to the be person whose name is subscribed to the within and
foregoing instrument and acknowledged to me that he executed the same.
Idaho Development Services, Inc.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 6
Idaho Development Services, Inc.
An Idaho Corporation
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.lJy~ Scott Adcock .
Its: Vice President
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On the /" /'" day of ~ 1008, before me, the undersigned, a Notary Public in and
for said State, personally appeared Scott C. Adcock in his capacity as Vice President of Idaho
Development Services, Inc, and known to me to the be person whose name is subscribed to the
within and foregoing instrument and acknowledged to me that he executed the same.
Idaho Development Services, Inc.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written. "........""
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 7
Signature Academies Idaho, LLC
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By: Scott C. Adcock /
Its: Vice President
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On the I day of.Jamtary 2008, before me, the undersigned, a Notary Public in and
for said State, personally appeared Scott C. Adcock in his capacity as Vice President of
Signature Academies Idaho, LLC and known to me to the be person whose name is subscribed to
the within and foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first
above written.
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MEMORANDUM OF UNDERSTANDING FOR ISSUANCE OF BUILDING PERMITS - 8