Development Agreement - 2009 - Legacy - Eagle Sports Legends DA MOD 2009 - 1/14/2009
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 01126/09 01:17 PM
DEPUTY Palli Thompson
RECORDED - REQUEST OF
Eag Ie City
AMOUNT
.00
22
1111111111111111111111111111111111111
109008326
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
F or 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 Idaho Development Services, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate consisting of
approximately 623.9 acres generally located between Linder Road and State Highway 16 and
between Beacon Light Road and State Highway 44, Eagle, Idaho, ("Property"), as specifically
defined in Development Agreement recorded under Instrument No. 106161990; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned R-2-DA-P; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 106161990 are in, and shall ~emain in full force and effect, except that, conditions 3.4.1.5,
3.4.4.2.3,3.16 and 3.21 are amended as stated herein.
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained in the
Development Agreement recorded under Instrument No. 106161990, the modification is agreed
to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.4.4.2.3 Construction of the Academy Core facilities shall commence upon recording
the first final plat for the Property. The construction of the Academy Core and
subsequent completion of facilities and corresponding issuance of residential
building permits shall follow the timelines as defined in Exhibit "0".
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3.4.1.5 The second story of any single-family detached dwelling unit on a lot less than
8,000 square feet shall not exceed 75% of the main floor's square footage,
inclusive of the garage area as shown in Exhibit "P" attached hereto and
incorporated herein.
3 .12 The use of pri vate gated roads shall be reviewed at preliminary plat to ensure they
do not conflict with the interconnectivity of Eagle. The location of potential
private roads and gates are designated in Exhibit K attached hereto and
incorporated herein. These areas shall be constructed to public roadway standard
at a minimum width of 36 feet from back of curb and shall not provide an
alternative connection/bypass to the public roadway system. The number of
dwelling units in private/gated areas shall not exceed 18% of the total 1,373
dwelling units that may be developed on the Property. These areas shall be
identified on each preliminary plat submittal, with the following justification
being provided:
. Unique or special circumstances exist with respect to the proposed use,
design, location, topography, or other features of the development or its
surroundings such that private streets will serve to enhance the overall
development
. The private streets shall provide safe and effective movement of both
vehicular and pedestrian traffic, sidewalks, and parking
. The private streets shall provide adequate access for service and emergency
vehicles
. The private streets do not adversely affect access or good transportation
planning to adjacent property and to the area travel networks
. The private streets do not land-lock adjacent property due to topography or
parcel layout
. Other than to provide emergency access, the private streets do not connect one
public street to another, thereby encouraging travel through the development
served by the private street
. The use or alignment of the private streets does not interfere with the
continuity of public streets
. An appropriate mechanism has been established for the repair and
maintenance of the private streets, including provisions for the funding thereof
Should the applicant request to convert an approved public road to a private road
the approval will be contingent upon approval of a vacation of the public right of
way by both ACHD and the City of Eagle. The applicant shall also provide the
following:
. Narrative addressing the eight items of justification listed above.
. Documentation that ACHD has accepted the road as constructed.
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. Amended final plat showing the private road identified as a common lot to be
owned and maintained by the homeowner's association.
. Addendum to the CC&R's identifYing the private road, maintenance intervals,
and an operation and maintenance budget.
. Documentation from ACHD approving the required storm drainage
modifications to transfer the system to private ownership.
. Storm drainage plan showing the system to be in compliance with City of
Eagle storm drainage requirements.
3.16 In all single-family attached dwelling units, first floors and common walls
between units shall be insulated to mitigate transfer of noise between the
floors and between units. The insulation method shall be reviewed and
approved by Eagle's Building Official prior to issuance of building permits.
3.21 As required by Eagle City Code, Title 6, Chapter 5, the Property shall become
part of Eagle's municipal water system and comply with the terms of the
November 17, 2005, Memorandum of Agreement or has amended and
attached hereto and incorporated herein as Exhibit M. All water mains to be
dedicated to the public shall only be constructed in rights of way, easements,
or on publicly owned property. Easements or permits secured for main
extensions shall be obtained in the name of Eagle, along with all rights and
title to the main, at the time water service is provided. Water mains shall be
extended by Applicants to the boundaries of the Property at locations future
water system extensions are expected to occur, as designated by the City
Engineer.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 106161990,
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.
. d;iJ.
DATED thIS ~ day of ~ 2009.
CITY OF EAGLE, a municipal corporation
orga d existing under the laws of the State of
Idano
By:
Phil Bandy, Mayor
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ATTEST:
STATE OF IDAHO )
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County of Ada)
On this 1f!:-day of ~, 2009, before the undersigned notary public in and for
the said state, personally appe\lred PHIL BANDY, 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: (p(30! I ~
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EAGLE SPORT LEGENDS INVESTMENTS, LLC,
an Idaho limited liability company
By: SIGNATURE SPORTS INVESTMENTS LLC,
an Idaho limited liability company
I ts: Manager
By: NGBRE, LLC,
an Idaho limited liability company
Its: Manager
/,- ~
By: . .~~~:;:-
- Scott C. Ad'cock
Its:....Manager
V'
STATE OF IDAHO )
: ss.
County of Ada)
On this J~ day of January, 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared SCOTT C. ADCOCK, in his capacity Manager of
NGBRE, LLC, an Idaho limited liability company, the Manager of SIGNATURE SPORTS
INVESTMENTS LLC, an Idaho limited liability company, the Manager of EAGLE SPORT
LEGENDS INVESTMENTS, LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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EAGLE SPORT LEGENDS INVESTMENTS #2, LLC,
an Idaho limited liability company
By: SIGNATURE SPORTS INVESTMENTS LLC,
an Idaho limited liability company
Its: Manager
By:
NGBRE, LLC,
an Idaho limited liability company
Manager ~._
By: ~~~
;-SC1rttC. Adco K
~s/'Manager
Its:
STATE OF IDAHO )
: ss.
County of Ada)
On this \h~ day of January, 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared SCOTT C. ADCOCK, known or identified to me (or
proved to me on the oath of ) in his capacity as Manager of
NGBRE, LLC, an Idaho limited liability company, the Manager of SIGNATURE SPORTS
INVESTMENTS LLC, an Idaho limited liability company, the Manager of EAGLE SPORT
LEGENDS INVESTMENTS #2, LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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LEGACY IDAHO LLC,
an Idaho limited liability company
~~/
/~~k,
ViIS:' Vice President
STATE OF IDAHO )
: ss.
County of Ada)
On this \~4"h day of January, 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared SCOTT C. ADCOCK, in his capacity as the Vice
President of LEGACY IDAHO LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
N TARYPUBLICFORIDAHO
Residing at 1'!7 0 1"-<- ~
My Commission Expires C1 1. P) l1/0 ) ~
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IDAHO DEVELOPMENT SERVICES, INC.,
an Idaho corporation
~~~
B /:/ cott A. ock
~ItS: Vice President
STATE OF IDAHO )
: ss.
County of Ada)
On this \'h~day of January, 2009, 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., an Idaho corporation, the
corporation that executed the instrument or the person who executed the instrument on behalf of
said corporation, and acknowledged to me that he executed the within instrument on behalf of
said corporation, and that such corporation executed the same in the corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate fIrst above written.
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SIGNATURE ACADEMIES IDAHO, LLC,
an Idaho limited liability company
By: IDAHO DEVELOPMENT SERVICES, INC.,
an Idaho corporation
Its: Member
STATE OF IDAHO )
: ss.
County of Ada)
On this \~ day of January, 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared SCOTT C. ADCOCK, in his capacity as the Vice
President of IDAHO DEVELOPMENT SERVICES, INC., an Idaho corporation, the Member
of SIGNATURE ACADEMIES IDAHO, LLC, an Idaho limited liability company, the limited
liability company that executed the instrument or the person who executed the instrument on
behalf of said limited liability company, and acknowledged to me that he executed the within
instrument on behalf of said company, and that such company executed the same in the
company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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EXHIBIT "M"
FIRST AMENDMENT TO
MEMORANDUM OF AGREEMENT
THIS FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT is made the
~ day of February, 2008 ("Amendment"), by and between the City of Eagle ("City"), an
Idaho municipal corporation located in Ada County, Idaho, and Eagle Sport Legends
Investments, LLC (f/kla Eagle Sport Legends Development, LLC); Eagle Sport Legends
Investments #2, LLC (f/kla Eagle Sport Legends Development #2, 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 here as ("Applicant"
or "EAGLE SPORT'); the Applicant and the City may be referred to herein as the "parties" or a
"party", as the case may be.
RECITALS
A. Applicant and the City negotiated and executed a Development Agreement dated October
10, 2006, recorded as Instrument No. 106161990 in Ada County, Idaho, which
incorporated the November 17, 2005, Memorandum of Agreement as Exhibit M as part
thereof;
B. The parties desire to amend the Memorandum of Agreement to accommodate the signing
and filing of a final plates) based on water rights rentals duly issued to the City through
the Idaho Water Bank which is administered by the Idaho Department of Water
Resources until such time as the water right licenses required by the Memorandum of
Agreement are completed as set forth in the Memorandum of Agreement; and
C. Any reference to EAGLE SPORT as set forth in the Memorandum of Agreement dated
November 17, 2005, and in this Amendment, includes and implies any heirs, successors
in interest, agents, employees and assigns thereof.
AGREEMENT
NOW THEREFORE, for valuable consideration, which the parties hereby acknowledge
and agree has been provided, the parties agree as follows:
Section 1. Amendment to Paragraph 5 of the Memorandum of Agreement. Paragraph 5 is
amended as follows:
EAGLE SPORT understands and agrees that licensing of the municipal water right and transfer
of the municipal wells and necessary easements as set forth above are an absolute condition for
approval of the final plat of the Legacy Subdivision, which is that real property subject to the
Development Agreement dated October 10, 2006, recorded as Instrument No. 106161990, Ada
County Recorder's Office, and any amendments thereto, and the CITY Clerk will not sign any
final plat until the water right is licensed and wells are completed, all necessary interests
conveyed to the CITY, the water right and the wells are ready and able to deliver water to the
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Subdivision, and all costs and expenses owed pursuant to Ordinance 479 have been paid to the
CITY and others. EAGLE SPORT further understands and agrees that the above described
water right and municipal wells, as approved by the CITY, the Idaho Department of Water
Resources and the Department of Environmental Quality, shall be the means by which Legacy
Subdivision is supplied potable water; provided, however, the CITY Clerk may sign a final
plates) under terms and conditions acceptable to the CITY, in its sole discretion, which provide
for the use of water rights leased by the Applicant to the Idaho Water Bank for use by the City as
a temporary measure to provide potable water to the real property subject to the October 10,
2006, Development Agreement and any amendments thereto. However, no obligation of
EAGLE SPORT under the Memorandum of Agreement or this Amendment may be or is waived,
minimized or terminated in any manner by the use of said water rights leases for a temporary
water supply. Further, conveyance of the municipal wells and necessary easements, and
payment of all funds, as set forth in this MOA remain absolute conditions precedent to the CITY
Clerk signing any final plat. The terms and acceptability of any lease and use of the leased water
rights shall be in such amounts and under such terms and conditions as may be determined by the
CITY in the CITY'S sole and absolute discretion, EAGLE SPORT is obligated to pay all fees
associated with the leased water rights received through the Idaho Water Bank.
Section 2:
New Paragraphs to be Added to the Memorandum of Agreement:
9, Subject to the City's alternatives and conditions set forth in paragraph 5, the City may
also, at its sole discretion, approve alternative methods of complying with this Agreement as a
temporary measure to provide potable water to the real property in order to allow the City Clerk
to sign the final plat(s).
10. Applicant waives any claims it may have or which may arise in the future against the
City regarding this Agreement. 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 lots in the final plat or plats signed by the City Clerk.
11. 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 in interest, and assigns to it terms. Reference to EAGLE SPORT
includes and shall bind any heirs, successors in interest, agents, employees, and assigns which
have been or shall be included in the development of the real property subject to the October 10,
2006 Development Agreement and its amendments, and the November 17, 2005 Memorandum
of Agreement and its amendments. This amendment to the November 17,2005 Memorandum of
Agreement is hereby made part of the October 10, 2006 Development Agreement as referenced
in that document.
12. 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 three (3)-
member arbiter panel selected in accordance with the rules of 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
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upon award rendered by the panel may be entered in the Fourth Judicial District of the State of
Idaho,
13. Except as provided herein, this Amendment shall not be construed to constitute a waiver
of any rights or claims of the parties, including any subrogated claims.
14. This Agreement or any section thereof shall not be construed against any party due to the
fact that said Agreement or any section thereof was drafted by said party.
Section 3. Full Force and Effect. Except as modified herein, all terms and conditions of the
Memorandum of Agreement shall remain in full force and effect. In the event of any conflict
between the Memorandum of Agreement and this Amendment, the language of the
Memorandum of Agreement shall control.
[End of Text; Signatures to Follow]
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IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first above
written.
CITY OF EAGLE
ATTEST:
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EAGLE SPORT LEGENDS INVESTMENTS, LLC,
an Idaho limited liability company
By: SIGNATURE SPORTS INVESTMENTS LLC,
an Idaho limited liability company
Its: Manager
By: NGBRE, LLC,
an Idaho limited liability company
Its: Manager
STATEOF f)jo...ho )
1 ..J ) SS.
County of ~~ )
~ }'Y)~h.--
On this~ day of F):Ilr1fary, 2008, before me i1cuft)A.,;I. ~
a Notary Public in and for said State, personally appeared SCOTT C. ADCOCK, kno or
identified to me (or proved to me on the oath of ) to be the
Manager of NGBRE, LLC, an Idaho limited liability company, the Manager of SIGNATURE
SPORTS INVESTMENTS LLC, an Idaho limited liability company, the Manager of EAGLE SPORT
LEGENDS INVESTMENTS, LLC, an Idaho limited liability company, the limited liability company
that executed the instrument or the person who executed the instrument on behalf of said limited
liability company, and acknowledged to me that he executed the within instrument on behalf of
said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~ ).1Jt#
NOTARY PUBLIC FOR IDA 0
Residing at ~~ '
My Commission Expires 3 of ~~
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EAGLE SPORT LEGENDS INVESTMENTS #2, LLC,
an Idaho limited liability company
By: SIGNATURE SPORTS INVESTMENTS LLC,
an Idaho limited liability company
Its: Manager
By: NGBRE, LLC,
an Idaho limited liability company
Its: Manager
STATE OF Jdcw )
() ,J ) ss.
County of ~ AlA f>-} )
_.I\h. f~'AfL./
On this ~ day of ~ri508, before me ~ if - 13 r;:(L,
a Notary Public in and for said State, personally appeared SCOTT C. ADCOCK, Kfiown or
identified to me (or proved to me on the oath of ) to be the
Manager of NGBRE, LLC, an Idaho limited liability company, the Manager of SIGNATURE
SPORTS INVESTMENTS LLC, an Idaho limited liability company, the Manager of EAGLE SPORT
LEGENDS INVESTMENTS #2, LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written,
. 'jJg~1 r/, ff:a.cie
NOTARY PUBLIC FOR IQ) 0
Residing at ~tI ,
My Commission Expires (., 130 /1 ~
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LEGACY IDAHO LLC,
an Idaho limited liability company
STATEOF~
County of (Jd.A-
)
) ss.
)
Jlb- -.jfJtJ.~~ci\. / JJ.. lit ~
On this L day of~, 2008, before me ~JjJ~ 7/),//1 ~. .. [~
a Notary Public in and for said State, personally appeared SCOTT C. ADCOCK. wn or
identified to me (or proved to me on the oath of ) to be the
Vice President of LEGACY IDAHO LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
~~d-~
NOTARY PUBLIC FOR ID
Residing at ~
My Commission Expires () j 30 J I .;t
r t
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IDAHO DEVEWPMENT SERVICES, INC.,
an Idaho corporation
STATEOF Jdo,ho
County of rXdf/.-
)
) ss,
)
b-- ~c1AC t'L- - .11 .A j J ~
On this~ day ofEebrmrry, 2008, before me ]IJi.tJ/Wt t7- -- ,
a Notary Public in and for said State, personally appeared SCOTT C. ADCOCK, wn or
identified to me (or proved to me on the oath of ) to be the
Vice President of IDAHO DEVELOPMENT SERVICES, INC., an Idaho corporation, the corporation
that executed the instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that he executed the within instrument on behalf of said
corporation, and that such corporation executed the same in the corporation's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
,'tf;dhrA J. ~
NOTARY PU;aLIC FW ~HO
Residing at 'CJ....../~
My Commission Expires &( l1'D I J ~
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SIGNATURE ACADEMIES IDAHO, LLC,
an Idaho limited liability company
By: IDAHO DEVEWPMENT SERVICES, INe.,
an Idaho corporation
Its: Member
STATE OF JikJw
County of 6 d [A ./
)
) ss,
)
On this ~ay Of~008. before me :i~ /-. ~
a Notary Public in and for said s:t;te, p~~sonally appeared SCOTT C. ADCOCK. own or
identified to me (or proved to me on the oath of ) to be the
Vice President of IDAHO DEVELOPMENT SERVICES, INC., an Idaho corporation, the Member of
SIGNATURE ACADEMIES IDAHO, LLC, an Idaho limited liability company, the limited liability
company that executed the instrument or the person who executed the instrument on behalf of
said limited liability company, and acknowledged to me that he executed the within instrument
on behalf of said company, and that such company executed the same in the company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written,
~
FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT - 9Error! Unknown document property name.
EXHIBIT 0
Academy Core Buildout Schedule
Academy Construction Commencement
Total # of Building Permits Issued Timetable
Three Hole Golf Practice Facility (approx. 35
Acres), Recreational Swimming Pool and
Initial-250 Restroom Facility (on Y2 acre lot on W.
Olympic Park Drive); Three Outdoor Tennis
Courts, Olympic-size Soccer Field and
Practice Area
Fitness Center Building, Resort Pool
(including lap lanes and recreation swim area),
251-500 Three (3) additional Outdoor Tennis Courts
and landscaping, Academy Infrastructure
(Parking Lot, underground utilities, etc.)
Driving range (dual sided, approx. 25 acres),
501-700 Short Game Golf Practice Area, 50 Meter
Olympic Pool w/ Bulkhead
701-900 Indoor Tennis Facility (six indoor tennis
courts)
Page I of I
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2005\Legacy DA MOD Exhibit O.doc
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