Development Agreement - 2008 - MOD Eagle Island Crossing (Park Hampton LLC Arts West) - 11/24/2008
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12/08/08 08:06 AM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
Eag Ie Ci IV
AMOUNT .00
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113813132913
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 ofldaho
("Eagle"), by and through its Mayor, and Eagle Island Crossing, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate consisting of
approximately 16.05 acres generally located 1,320 feet east ofN. Park Lane on the north side of
State Highway 44 at 3300 & 3450 W. State Street and 3415 W. Flint Drive, Eagle, Idaho,
("Property"), as specifically defined in Development Agreement recorded under Instrument No.
105007541; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned MU-DA (Mixed Use with a development agreement; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 105007541 are in, and shall remain in full force and effect, except that, conditions of
development 2.7,2.14,2.15, and 2.16 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. 105007541, the modification is agreed
to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-
lieu of the PUD (except as conditioned in 2.12 below). Except for the limitations and
allowances expressly set forth above and the other terms of this Agreement, the uses
which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District
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Regulations" shall be considered permitted uses on Lots 5 and 8, Block 2, except that
the following uses shall be prohibited:
Mobile home (single unit primary residence)
Mobile home (single unit temporary living quarters)
Mobile home park
Animal shows or sales
Automotive washing facility
Bar
Cabinet shop
Cemetery
Circuses and carnivals
Christmas tree sales
Commercial entertainment facilities (indoors) - Note: see item 2.8 below
Commercial entertainment facilities (outdoors) - Note: see item 2.8 below
Drive-in theater
Electronic sales, service, or repair shop
Equipment rental and sales yard
Farmer's markets (outdoor)
Hardware store
Horticulture (general)
Hospital
Hotel
Industry
Kennel
Laboratories
Laundromat
Laundry (with drive up service)
Live entertainment events - Note: see item 2.8 below
Massage Spa
Mobile office
Mortuary
Motel
Parking lot, parking garage commercial
Personal wireless facilities (height-over 35 feet)
Research Activities
Retail sales (general)
Riding academies/stables
Roadside stand (temporary structure)
Sign shop, including painting
Small engine repair (mower, chainsaws, etc)
Storage (enclosed building)
Storage ( fenced area)
Street fair
Trade fair
Travel services
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Upholstery shop
Woodworking shop
The restaurant with drive-thru (limited to one of the following: coffee, yogurt/ice
cream, or deli sandwich shop), shown on the Eagle Island Crossing Site Plan (Exhibit
"D") as Building "L", which is a prohibited use within said section of Eagle City
Code and on the entire Property as noted above, shall be permitted with this
development agreement. Fisher Park Way shall be connected to Flint Drive from
State Highway 44 prior to the issuance of a building permit for the restaurant with
drive-thru.
2.14 Any building with a proposed drive-thru shall be designed in such a way as to
compliment the overall character of the development. and design styles exceeding the
standard utilitarian look of a building with a drive-thru shall be required. The
applicant shall also shall provide a minimum forty-eight inch (48") high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall, landscaping, or combination thereof within the buffer area adjacent to the drive-
. thru lane to reduce the impact of the vehicles utilizing the drive-thru lane (i.e. vehicle
headlights and vehicle cueing).
2.15 The applicant shall work with the Ada County Highway District regarding the
possibility that additional sidewalks should be required in proximity to Arts West
School.
2.16 The applicant shall work with the Arts West School administration to address any
student safety concerns in regard to the location of the restaurant with drive-thru
(limited to one of the following: coffee, yogurt/ice cream, or deli sandwich shop).
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 105007541,
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~ day of n~ 2008.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State
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By:
Phil Bandy, Mayor
ATTEST:
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STATE OF IDAHO )
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County of Ada)
On this t:!L day of fl~ , 2008, before the undersigned notary public in and
for the said state, personally appeared 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 ublic for Idaho
Residing" at: ~
My Commission Expires: ISO /1 ~
STA'FE OF IDAHO )
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County of Ada)
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On this ~ day of (hJQJrVlbJ , 2008, before the undersigned notary public in
and for the said state, personally appeared J. Thomas Ahlquist, known or identified to me to be
the Managing Member for Eagle Island Crossing, LLC, the owner of the property referenced
herein and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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