Development Agreement - 2020 - Lakemoor Subd CPA-4-02&A-03-02&RZ-5-02MOD6 - 4/3/2020ADA COUNTY RECORDER PhilMicGrane.
2020-03958t
BOISE IDAHO Pgs-�3 DAN RYALL5304,0 12020 11•19A€0..
EAGLE CITY I I I NO FEE
Recording Requested Ear arid ........ - ......
NVhen Recorded Return to:
�
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Plann
City oang f Eat d , �otxiri Administrator
le
P.O. Box 152€
Eagle, Idaho 83616 ADA COUNTY RECORDER Phil McGrane 2020-065645
BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 06/02/2020 11:07 AM
CITY OF EAGLE, IDAHO NO FEE
For Recording Purposes Ido
Not IvVrite Above This Line
DEVELOPMENT AGREE -ME T MODI KATION
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 C&O Development—Inc., (``owner").
NVHEREAS, ;the Owner is the owner of record of certain real estate whish was subject to
an application for modification of developmentagreement, identified as Eagle Rezone
Modification Application No, RZ-05-02 MOD4 (1_,akemoor Sr. bdi�,,isica)(De-%,elo e- t
Agreement) and
N THERE S, the proposed development agreement modification includes properties
within an area currently zoned MU -DA (Mixed Use with a development eut agre:ement); and
WHEREAS, all provisions with the Development Agreement recorded oder histrument
No. 2017-0323%73 are in, and shall remain in f.ffl force and effect, except that, condition Of
development 3.3 is amended as statedd herein,
WHEREAS. the Owner has previously provided Eagle with an affidavit agreeing to submit
the Property to a development agreement included as Exhibit'" C3" of the Development ./kgreement
recorded under Instrument No. 2€117-0'32 -0'32A73; and
W -HEREFORE, the Owner and the City of'Eagle desire to resolve the issues and c once s
that have arisen and for and in consideration of the mutual covenants contained in the
Development Agreement recorded under instrument TN'o. 2€117-0323 ,73, the modification is
agreed to as follows:
page l of 3
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ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.3 Area E of the Property, as depicted on Exhibit A2, may be developed by Owner with a
combination of any commercial and residential uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations" under the MLJ zoning
, designation
(except as limited in Section 3.9, below), a copy of which is attached as Exhibit D. An
assisted. living facility/senior housing development shall be a permitted use within Area E.
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 find Office Buildings shall be 50
feet; non -habitable architectural elements shall be a maximurri 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.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a combination
of either attached and/or detached townhornes at an approximate density of 10 units per
acre.
Setbacks and Minimum Lot Size for the Towi-diornes
Front 10 feet
Rear 10 feet
Side 0 feet. (common wall or adjacent to a common. lot)
Side 3 feet (adjacent to a building lot or exterior boundary)
NVI.mimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
ARTICLE 11
GENERAL IMATTERS
Enforceable Provisions. The original Development agreement, instrument number 2017-
0323373, 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.
Page 2 of 3
K:'Tianning Dept6hallic Applicariors\(PA\2002',CPA-4-02 & A-03-62 & 7R2-3-02 MOM da cc fin! verAoc
IN WFFNN ;SS WHEREOF, the parties have executed this Development Agreement
Modification.
DATED this day of �� �...'; 2020
STATE OF IDAHO
State
C&O Development, Idaho oo porat:on
Ddu M. Bake'r2 resi&r't
County of Ada �
On this , � d3 „ ; :.. �.... ' ' 020, before the u dersi�? ed Notary Public
its: and f-br the said state, personally appeared DENNIS M. BAKER, known or identified to ane to
be the President of C&O : EV'LOPI TE.W'. INC., an Idaho corporation, the owner of the
property referenced herein and the persons who executed the foregoing instrurnem.
IN WITNESS WHEREOF, 1 have herioto ,et: y hand -an day andel. year first
above written.
MY Conussion Expires
Page 3 of
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ADA COUNTY RECORDER Phil McGrane 2020-039584
BOISE IDAHO Pgs=3 DAN RYALLS 04/06/2020 11:19 AM
EAGLE CITY NO FEE
111111111 111 II II I II I'II I II I II II 1111111111111111
00763449202000395840030030
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
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 C&O Development, Inc., ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate which was subject to
an application for modification of development agreement, identified as Eagle Rezone
Modification Application No. RZ-05-02 MOD4 (Lakemoor Subdivision)(Development
Agreement); 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. 2017-0323373 are in, and shall remain in full force and effect, except that, condition of
development 3.3 is amended as stated herein.
WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit
the Property to a development agreement included as Exhibit"C3" of the Development Agreement
recorded under Instrument No. 2017-0323373; 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. 2017-0323373, the modification is
agreed to as follows:
Page 1 of 3
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02&A-03-02&RZ-5-02 MODE da cc fnl ver doc
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.3 Area E of the Property, as depicted on Exhibit A2, may be developed by Owner with a
combination of any commercial and residential 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 3.9, below), a copy of which is attached as Exhibit D. An
assisted living facility/senior housing development shall be a permitted use within Area E.
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.
The residential lots depicted on Exhibit A2 are to be developed by Owner in a combination
of either attached and/or detached townhomes at an approximate density of 10 units per
acre.
❑ Setbacks and Minimum Lot Size for the Townhomes
Front 10 feet
Rear 10 feet
Side 0 feet(common wall or adjacent to a common lot)
Side 3 feet(adjacent to a building lot or exterior boundary)
Minimum Lot Size 2,500 square feet
Streets Gated Private Streets
Maximum Lot Coverage 60%
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 2017-
0323373, 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.
Page 2 of 3
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02&A-03-02&RZ-5-02 MOD6 da cc fnl ver.doc
IN WITNESS WHEREOF,the parties have executed this Development Agreement
Modification.
DATED this 3 day ofr;L , 2020
ti,+� O EAG/ '•# CITY OF EAGLE, a municipal corporation
i�,c'�..'ORA?...■ organized and existing under the laws of the State
• o •
it • of Idaho
U r•
r + ■
C 5 By: , -___.c> ---
,� '•.' ?N%` v `�•`` aso fierce, Mayor
ATTEST: ''.,,.'T,q T E OY�,,,.,•.
f
1--tit.L.--iur 1,------ K, _4
Sharon K. Bergmann, City Clerl
OWNER:
C&O Development, d Idaho corporation
C------
By:1 - 0_4---
Dennis M. Baker, President
STATE OF IDAHO )
: ss.
County of Ada )
On this a3.3156day of IYi LI , 2020, before the undersigned Notary Public
in and for the said state, personally appeared DENNIS M. BAKER, known or identified to me to
be the President of C&O DEVELOPMENT, INC., an Idaho corporation, the owner of the
property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and 10e day and year first
above written.
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(PU ,. � Nci ary Public
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$ : Sr. Residing at: 6 11,....v JAJ7/
my 03tAgSSOI ; = My Commission Expires: L?-.21-/-_-7,
mins 1224.2025 I
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Page 3 of 3
K:\Planning Dept\Eagle Applications\CPA\2002\CPA-4-02&A-03-02&RZ-5-02 MOD6 da cc fnl ver.doc