Development Agreement - 2013 - River Walk Sub - 7/18/2013 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 11
BOISE IDAHO 09110113 12:01 PM
DEPUTY Gail Garrett
RECORDED—REQUEST OF 111111111111111111111111111111111111
Eagle City 113103019
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, 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 Home Capital Resources, LLC, ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 5001 and 5025 West
State Street, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A)
which is the subject of an application for Rezone identified as Rezone Application No. RZ-06-12; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition—Ada County designation); and
WHEREAS, the Owner desires a R-4-DA-P (Residential — up to four (4) units per acre with a
development agreement — PUD) zoning classification to develop a 55-lot (45 buildable, 10 common)
residential subdivision on the above described property, which is herein referred to as the"Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any residential subdivision project upon the Property must be limited with the use of a
development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a R-4-DA-P (Residential — up to four (4)
units per acre with a development agreement — PUD) zoning designation for the Property with the
requirements set forth in this Development Agreement;and
Page 1 of 8
K\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver doc
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same;and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; 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 herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the R-4-DA-P (Residential —up to four(4) units per acre with a development
agreement — PUD), after recordation of, and subject to the provisions of this Development Agreement.
The ordinance will become effective after its passage, approval, and publication and the execution and
recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 The maximum density for the Property shall be 2.77-dwelling units per acre(45 single-family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design review,
preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other
applicable applications as may be required by the Eagle City Code, which shall comply with the
Eagle City Code, as it exists at the time such applications are made except as otherwise provided
within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
Page 2 of 8
K.\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fill ver.doc
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden
decorative fencing. All other fencing(ie. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) A requirement that In the event any of the CC&R's are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&R's unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.5 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer, at the
time of the final plat review shall be dedicated to the public and shall only be constructed on rights
of way or easements. Easements or permits secured for the main extension shall be obtained in the
name of the City, along with all rights and title to the main at the time of service is provided to the
customer paying for the extension. Water mains shall be extended by the applicant to the north, east,
and west boundaries of the development or as otherwise designated by the City Engineer where
future water system extensions are expected to occur.
3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of the final plat. Each lot within the proposed subdivision shall use and be connected to central
sewer.
3.7 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot(10') wide asphalt public pathway to be located within a twenty-five foot
(25') wide easement to be located within the common lot located adjacent to the southern boundary.
The specific location and design of the pathway shall be approved by the Design Review Board. The
asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by
Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat for HCR/Level 3 Subdivision,
upon recordation of the final plat wherein the pathway is located.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit C) and be bound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30) days
of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other
rights or remedies,to cure such default or enjoin such violation and otherwise enforce the requirements
Page 3 of 8
K:\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver doc
contained in this Development Agreement or to terminate the Development Agreement following the
process established in Eagle City Code Section 8-10-1.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin
such default and to enforce the commitments contained in this Development Agreement, including
attorneys' fees and court costs.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-
R (Agricultural-Residential) zoning designation until Eagle enacts and records an ordinance changing
the property to the A-R(Agricultural-Residential)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party)and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the development is
sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
Page 4 of 8
K\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fill ver doc
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: Home Capital Resources, LLC
Attn: Mike Dixon
787 East State Street, Suite 105
Eagle, Idaho 83616
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight(48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
8.6 Grant of Security Interest. Owner hereby grants a lien to secure the payment of any deferred balance of
the attorney fees and the engineering fees, together with interest accrued thereon. In the event Owner
fails to pay such fees, the City may without prior notice, foreclose this Agreement as a mortgage in
accordance with the mortgage foreclosure laws of the State of Idaho. Upon request of Owner, the City
will execute and deliver a partial release of the lien created herein against any property located within
the Project upon payment by Owner of that portion of such fees which bears the same ratio to the then
remaining unpaid balance of such fees as the acreage of land to be released bears to the total acreage of
land utilized to compute the amount of the required fees. Upon request of Owner, the City will by
written agreement, subordinate the lien created hereby to any mortgage, deed of trust or other security
device required to secure the payment of any loan or advance made to Owner for the sole purpose of
financing the construction of improvements upon the subject property; provided however that the
financing institution entity shall first warrant and represent in writing that it understands that the
contemplated loan or advances will be used solely for the construction of improvements upon the land
and that it will take reasonable precautions usual and customary to the financing and lending industry
Page 5 of 8
K:\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver.doc
to ensure that the loan proceeds or advances will not be used for any other purpose. Any prepayments
made pursuant to this provision shall be applied in inverse chronological order against the regularly
scheduled payments set forth herein, and such payment shall not release Owner of any obligation to
make the next regularly scheduled payment.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the
Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant
to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any
other remedy available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC)action, and necessary corporate (or LLC)
resolution(s) have been executed for the undersigned representatives to sign this Agreement and so
bind their respective parties.
IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this /" day ofd U Li , 2013.
CITY OF EAGLE, a munic.•.1 corporation organized
and : isting under the law/the State of Idaho
By:4,: A), --i/.12.:—.16'
Ames D. Reynolds, • orl
Page 6 of 8
K.\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver.doc
,,%%Il%nu11p,I,r
EAG ''••
S04 < •
.�....... •
442' f°R A TF•: J. S
ATTEST: 0`1 ••
.
. •r _
_ �� 11')+^
i %� •
0
f 4:� •
w:
Sharon K. Bergmann, City Clerk , �'�,�; l't�� a•‘st s
"U.9 uix lA1
Home Capital Resources, LLC, an Idaho limited liability
company
By: Mike I ixon, : Manager
STATE OF IDAHO )
: ss.
County of Ada )
On this eday of JA,LI , 2013, before the undersigned notary public in and for
the said state, personally appeared JA I ES D. REYNOLDS, 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 aborin,,,,,
�
written. '• �NQRN �•••,��
/
•
Notary Pull c or Idaho J u 0 1
�
Residing at: L. /' A __LI, /�'yC / v • Q
My Commission Expires: d icq• yq? 1$
%•,ST 0,0
A•°
Page 7 of 8
K.\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver.doc
STATE OF IDAHO )
: ss.
County of Ada ) f
On this )g day of J (Al N.4 , 2013, before the undersigned notary public in and for
the said state, personally appeared MIKE DIXON, known or identified to me to be the Co-Manager of
Home Capital Resources, LLC, 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 firs'4 ••••,,•••II'4101_AL-Lid /''' ■I../f iii idel 6•%A written. •0 E. OSB '•,
NC, •N.... O.A.i
Notary P%lic for II aho : *
Residing at:,— %_�/ �'+ , ! C
f
My Commission Expires: s IPT/4i/ PUB ti • •7.
Page 8 of 8
KAPlanning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Subdivision da cc fnl ver.doc
RECEIVED&FILED
p,,,�, CITY OF EAGLE OiLiti
WA", . JA4afes'266
9
File:
,, Route to:
TM F, LAND GROUP, INC
January 16,2013
Project No. 112143
Annexation/Re-zone Description
Home Capital Resources
16.96 Acres
Exhibit"A"
A tract of land situated in a portion of the Southeast One Quarter of Section 11 and the Northeast
One Quarter of Section 14, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho,
described as follows:
COMMENCING at the Southeast Corner of said Section 11, which bears South 43°12'00" West a
distance of 971.74 feet to the POINT OF BEGINNING.
Thence North 60°29'02" West a distance of 380.01 feet;
Thence North 0°40'55" East a distance of 60.00 feet;
Thence North 73°16'49"West a distance of 341.88 feet;
Thence North 82°31'25"West a distance of 151.41 feet;
Thence North 0°23'11" East a distance of 839.70 feet to the centerline of West State Street
(State Highway 44);
Thence following said centerline, North 75°00'57" East a distance of 62.21 feet;
Thence following said centerline, 93.57 feet along a circular curve to the right, said curve
having a radius of 22,918.31 feet, a central angle of 0°14'02", a chord bearing of North
75°07'58" East, and a chord distance of 93.57 feet;
Thence leaving said centerline,South 0°23'11"West a distance of 437.16 feet;
Thence North 75°33'23" East a distance of 342.83 feet;
Thence North 0°40'56" East a distance of 436.99 feet to the said centerline of West State
Street;
Thence following said centerline, 343.28 feet along a circular curve to the right, said curve
having a radius of 22,918.31 feet, a central angle of 0°51'30", a chord bearing of North
76°32'29" East,and a chord distance of 343.28 feet;
Thence leaving said centerline, South 0°40'52" West a distance of 1,410.35 feet to the
POINT OF BEGINNING.
The above-described tract of land contains 16.96 acres more or less, subject to all existing
easements and rights-of-way. The purpose of this description is for annexation and/ox -
purposes only and is not intended to describe or transfer property rights.
. LAS ,
Attached hereto is Map Exhibit"B"and by this reference is made a part hereof ?X10 '9v,041. l
.0
Prepared By: THE LAND GROUP, INC. it ay. 7880 ;
462 E.SHORE DRIVE,SUITE 100 di r—Ile-W t,.Z
EAGLE, IDAHO 83616 4 ' "OF
O FS itt A
, a. - 0:;,;,,, :LUTS•tr€.Pi.. .(..'-�..Ivz ?O PP?,f? .,01 s.." , M _II. ,r s.7,,
cr..P , ,P 0 .',n f..x ,,'01'“,! :1, ? , �
-big rl , ` f
hs2 I y,,, D , ,&. x;) 1 ,I ;;261:', `',.J .. . 1; .1 , ,(;?, ,:1,,si:z 1 Ztkt e!an t
corq
1,-.,-i.•,;4=ii.satii,..f:s..,,
't "B"
..,--
-,-
Itil
....•
I
6 -
' ....,
Exhibit
, ,,,it,.,2,--.,•f.- -.'-',:-=4,-, '1'"' '';-;--r- ;‘,.." '-'
? •'; --P' ,,,,*.*--";'-;--',-":4;';'.1";;;0';;„<--,!,,,i;;'-,77,1!*1;;''''''';":";;;',:,: :: .'",,:;::,,:.,--;-:•:-,,::;.;.:,4- Z',' ';;;;;"'-t...,2,---''-,.L., ' , ,,;;;;:: - :
•,^J t+-, Ir.. ,
-,- i,,:y ' '-, , ,`,4' i * --*1- , .''',1,64.!"'=' '' ,45 -'• , -.:-,r, !...4"..,,4''.:*-,:"-:, !
i-,,,- -",--, ,f4. •;1
„..... ,, .,,
,, '4.4.4,.44"'-'-'''' *4-44 144:4. •44-....V"4- 4
344-3 ' C:t • :
4:4'4" ' -4'4:4;44''''''''t\
Ikt
--
-,-_,•,-,.„,,,,.,,-.:---,--6, -;--.34,-..,• :,,-='-,
04,,,,,,:, , ,
11 -•°- :', ''
7'
-;.Z.-,
, \ ,
,
,
,, .. -4
.6! i
ri-ii.;';;;:•:'-',-",' ''',3'
,;,,,""-AE„ ,i;„, •f•41-4
. ; •,•-:
.4 1"4";,'-';•"':;'i
-4..,
- ..-t-
=
e■ 'I
i
Cl)
±
,
-- .
-.,--. , ,-'
#; ,.
,, e• ' ...
- „ ' -.. _
,
__I
, .„..,.
,. , ., .
, . ..,
. . .,.. ....„,,
4.F -
' 3
,,- 1;1-.4,44-
,
i
'I:*14.rt;t4,44:4'4-*41Y3P4,3 44, 4' it
.3„,
, ..
F
4% '. r ,,
.,..f .,
. „ .. . ,
+
. , „.
, ..:
,......
,
,
>
,
'1 '
, f „,,,,,‘,..• , „s.„ ,„ ,,,8 ... „,„
2 ,..4, ';.'
1
2 ,
• " '---0--' - '''''- ,4, .7'.', ',„...7.1k-,-4,--_-'
■ ,
? -t ,' '
' SI\8 -—-14-,l...I .-'
1 4,, ::4.-•-,'*j.o..,,, ,,,,,,,,4.1 _ ,, _,..‘,„7,.:,‘,,;!&,..,i5
, , ?
...,
'
I ii#,..,
f•-.4„;,";;,,,,-e.,,,-,'„crlx.',,--c" ", ,,444,47--,-,„ ',!:,'-,' ,, 7 ' '
':-.!-:-'":'ri- ,. ‘,- .._„.:,#::'":::- '-'
„r...4477,!,,,,.; --.,.. _-:,.,,,,,:„:,,,,,,,f.:-_-.;.:J..-',---,--:•Titior-4,--74,-*..'" k7;1,--,.::,„
,,-4 ■
k ' '
,,. , ,,/,
3'4 .
r .).,. .... 41,;K * ''''',":,-7,,, / 1,
/ ''''
.4-'I i :41, ,,,,,.; ;,"•2;,-"f'4',1},..-' . '4_,, --:-..-t-;''''';4'; I; 'r ;
I
4e'A‘
,E1 --
- 4,-',,
' —',49.-"-• - _i,--.• "-, • ;' ; ‘---
,..,,
.7.13
2
,.,.,..
. ...
- .
.. .1 `...,... ..,,,,,,,. ..,"
.9pu - .„...„„ ....,..
.4._peou. ___. : ,....,.7.
ivA a lu 7 -.-=.-.,.....,f7,
Oa)
OU A31 •
---
1:4 -
71 E
iA5f4Ya
g.
--,-7.
Exhibit "C"
Affidavit of MIKE DIXON on behalf of Home Capital Resources,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
MIKE DIXON,who being first duly sworn under oath, deposes and says:
1. I am Mike Dixon, who is the Co-Manager of Home Capital Resources, LLC, whose
mailing address is 787 East State Street, Suite 105, Eagle, ID, 83616 ("Home Capital Resources,
LLC").
2. Home Capital Resources, LLC, is the fee simple owner of the parcel of real property
described on Exhibit 1, attached hereto(the"Property").
3. Home Capital Resources, LLC, authorizes the submission of the Property to certain
Development Agreement pursuant to the provision set forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the /0 day of Z__ 2013 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Mike Dixon, Home Capital Resources LLC (the
"Agreement").
DATED this /2 day of 1 , 2013.
By: Home Capital Resources, LLC
By: `.
Mike Dixon, o-Man. .er
SUBSCRIBED AND 65116 piitogie this /f day of JC(Jtf , 2013.
v • . 1. / 6 abv---
�l✓ , , ti
rry 'fiblic or da
�}$v '�eiding at
• •
, Idaho
• •••.o-„`'�;+S' Commission expires O/ !�/o2a15
STATS G. I.4%*
•%•.lilII&mot*
Page 1 of 1
K:\Planning Dept\Eagle Applications\SUBS\2012\HCR Level 3 Sub da afftdavit.doc