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Development Agreement - 2014 - Creek Water Subdivision - 4/29/2014 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 14 BOISE IDAHO 05/02114 09:26 AM DEPUTY Bonnie Recording Requested By and RECORDED-REQUEST OFg III I I IIIIII II III II IIIIIIIII II II I II III When Recorded Return to: Eagle City 114033254 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 Gary M. and Sandra L. Hazen ("Hazen") and Barros Investments, Untld./ Interamerica Develpoment("Barros"). WHEREAS, Barros and Hazen are the owner(s)of record of certain real estate located at 3395 and 3577 West Floating Feather Road, Eagle, Idaho, as specifically described in the attached legal description (Exhibit A)which is the subject of an application for Rezone identified as Rezone Application No. RZ-03- 13; and WHEREAS, Barros is the owner of record of certain real estate located at 3395 West Floating Feather Road, Eagle, Idaho, ("Property"), consisting of approximately 12.54-acres; and WHEREAS, Hazen is the owner of record of certain real estate located at 3577 West Floating Feather Road, Eagle, Idaho, ("Parcel") consisting of approximately 1.22-acres; and WHEREAS, the area described in Exhibit A includes properties within an area currently zoned RUT(Rural-Urban Transition-Ada County designation); and WHEREAS, Barros and Hazen desire a R-3-DA (Residential-up to three(3)units per acre with a development agreement)zoning classification; and WHEREAS, Barros desires to develop a 36-lot (30 buildable, 6 common) residential use on the property located at 3395 West Floating Feather Road, 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 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 Barros' and Hazens' use and enjoyment of the Property and Parcel while at the same time limiting any adverse impacts of Page 1 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc the development upon neighboring properties and the existing community and ensuring the Property and Parcel is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, Barros and Hazen have agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and Parcel and have consented to a R-3-DA (Residential — up to three (3) units per acre with a development agreement) zoning designation for the Property and Parcel with the requirements set forth in this Development Agreement; and WHEREAS, Barros and Hazen have provided Eagle with an affidavit agreeing to submit the Property and Parcel to a Development Agreement (Exhibit Cl and C2) 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, Barros and Hazen 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 and Parcel that is the subject of the application to the R-3-DA (Residential — up to three (3) units per acre with a development agreement), 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 2.36-dwelling units per acre(30 single-family lots). 3.2 Barros and Hazen will develop their Property and Parcel subject to the conditions and limitations set forth in this Development Agreement. Further, Barros and Hazen 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 Barros' current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that Page 2 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fn!ver2 doc 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 Barros and Hazen shall address the site specific conditions of approval of the lot line adjustment(LLA-02-13)and present a record of survey mylar ready for signature by the City Clerk prior to the adoption of an ordinance for annexation and rezone of the subject property. 3.5 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 and that the homeowners association or other entity cannot be 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. 3.6 Barros shall provide documentation from the Army Corps of Engineers regarding the requirement of a 404 permit prior to submittal of a final plat application. 3.7 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 submittal of the final plat. 3.8 A License Agreement from Drainage District No. 2 shall be provided for all improvements within the Drainage District No. 2 easement prior to the City Clerk signing the final plat. 3.9 Barros shall remove all structures (houses, barns, sheds, etc. - as designated on the preliminary plat "to be removed" from the site) prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said structures. Applicable agency approvals for the removal of the existing wells and septic tanks (associated with the existing residences that are to be removed) shall be provided to the City prior to the City Clerk signing the final plat. 3.10 The existing home located at 3577 West Floating Feather Road may continue the use of the existing well and septic, however Barros shall provide a stub-out for public water and sewer service to the existing home prior to issuance of any building permits for the subdivision. Page 3of10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc 3.11 The gravel driveway providing access to the existing barn located at 3577 West Feather Road shall be eliminated and the property owner may access the property from Creek Water Way located within Creek Water Subdivision. 3.12 Barros shall submit a Design Review and Alternative Method of Compliance application for the installation of landscaping and a sidewalk to be constructed at 3577 West Floating Feather Road. 3.13 The residential homes to be constructed on Lots 2-5, Block 1 (as shown on the preliminary plat, date stamped by the City on May 30, 2013)shall be single-story. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property and Parcel are attached hereto and incorporated by reference herein agrees to subject the Property and Parcel to this Development Agreement(Exhibit Cl and C2) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67- 6511 A 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 Barros and/or Hazen 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 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 Barros and/or Hazen (or other appropriate party) and Eagle. Page 4 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc lid ver2.doc 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 Barros and/or Hazen. Each commitment and restriction on the development shall be a burden on the Property and Parcel, shall be appurtenant to and for the benefit of the Property and Parcel, adjacent property, and other residential property near the Property and Parcel and shall run with the land. This Development Agreement shall be binding on Barros and Hazen, 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 and/or Parcel 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 Parcel 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. 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. Barros, Hazen, 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 Page 5 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc Barros: Barros Investments, Untld./Interamerica Develpoment Attn: Hernan and Susan Barros P.O. Box 1575 Eagle, Idaho 83616 Hazen: Gary and Sandra Hazen 3577 West Floating Feather Road 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 Financial Assurance. In addition to the other remedies afforded Eagle herein, Barros and/or Hazen ("Parties") agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees,together with interest accrued thereon. Eagle shall provide to the Parties an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. Parties shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Parties for such fees,adjusting the estimates as appropriate. Parties shall make payments for such fees as incurred by Eagle and as invoiced to the Parties or, if Parties has made a cash deposit with Eagle,Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Parties is in the form of a letter of credit, and if the Parties fails to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty(30)days of written notice of such failure from Eagle,Eagle may draw upon the financial assurance provided by the Parties. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance(whether it be in the form of a cash deposit or a letter of credit),the Parties shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees,Eagle shall release to the Parties the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Barros and/or Hazen fails to comply with the terms and conditions hereof in any material respect,the City may,without further notice to Parties, 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 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code; Page 6 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc 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 thiaq day of f4, 2014. 04 F A �.••e.c`l O • C'(•4' •, CITY OF EAGLE, a munici.al corporation organized ?�G. OQ,Q O R A?, and e;fisting under the law. the State of Idaho * C PA. �� • Bdr, SEAL �...rlL.� •.,•, , t .�` p•.� es D. Reynolds,Mao t ATTEST: •.,,�T% E�O1: \\�.•` ■ Sharon` . Bergmann, City Clerk Gary M. and Sandra L. Hazen _,. 4_,...,, By: Gary Haze By: zap-./ AI ,'L-- Sandra L. Hazen 0 Barro a' ents,Un ,'d./Interamerica Development E . j/////IM�/ ri W. Ba . Pri / H:I'.n ' >pal By: i ' C / Susan G. Barr*, evrincipal Page 7 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2 doc STATE OF IDAHO ) : ss. County of Ada ) On this"9 day of,1j/ , 2014, before the undersigned notary public in and for the said state, personally appeared JAMES 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 above written. rpsatrrrnnrr.,, .... Afeil •• Ntaryz . b • . Idaho Rs`Rid4• a P ,�/. ..i -MyCortimis •on Expires: I AgYe2O/. test` STATE OF IDAHO ) : ss. County of Ada ) On this p? 04''' -day of , - ' � , 2014, before the undersigned notary public in and for the said state, personally appeared HERNAN W. BARROS, known or identified to me to be a Principal of Barros Investments,Untld./Interamerica Develpoment,the owner(s) 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. 110 R T 0 ,,, (4t--12-A—L g&C kr -) ` ;.•••••••••.l' '•,� Notary Public ford o • `: C1 A R y Residing at: C' My Commission . 4' ALP 1 0 Page 8 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fel ver2 doe STATE OF IDAHO ) : ss. County of Ada ) On this 1 01/411--day of 4,-; I , 2014, before the undersigned notary public in and for the said state, personally appeared SUSAN G. BARROS, known or identified to me to be a Principal of Barros Investments,Untld./Interamerica Develpoment,the owner(s)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. " R$'o "1-15 (014 Notary Public for daho M ' Residing at: ,(iv--+'L ,..a,., My Commission .Expires. �' �Lp r„ STATE OF IDAHO ) . ss. County of Ada ) On this day o 'J(, 2014, before the undersigned notary public in and for the said state, personally appear d GARY M. HAZEN, known or identified to me to be an owner(s)of the property referenced herein and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto s- my hand a ■ s-. '.4and year first above written. 4441 ' : digrA IA Nota I Pu.'is .r Id.h+ Residing . My Commission E Aires: guilfaig 19 MrG EONA LONG Notary Pbttifo State'of! rho Page 9 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc STATE OF IDAHO ) : ss. County of Ada ) On this day of , 2014,before the undersigned notary public in and for the said state, personally appeare SANDRA L. HAZEN,known or identified to me to be an owner(s)of the property referenced herein and the person who executed the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set y hand and seal the day . • e. first above written. LAA A 4kv'gA Notary blic f rI..� °� 0,Residing at: My Commissio' xpir- : I'. Arin 41 A_NGELINA LONG Notary Public State of Idaho Page 10 of 10 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da cc fnl ver2.doc EXHIBIT "A" //,`;? kti? €3.• ie4e. Sawtoc. to.. ci 4,12,0 2'07 A tr-me-,tt, 17.) A parcel of land located in the NE1/4 of the NE1/4 of Section 12, T. 4 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northeast corner of Section 12; Thence North 89°22'22"West, coincident with the north line of said Section 12, a distance of 616.08 feet to a 5/8" rebar/cap marking the POINT OF BEGINNING; Thence South 0°43'51'West, 860.19 feet to a 1/2" rebar/cap PLS 2881; Thence North 84°31'41" West, 311.35 feet to a 1/2" rebar/cap PLS 2881; Thence South 0°40'00"West, 52.00 feet to the centerline of an irrigation ditch, from which a witness corner bears North 0°40'00° East, 30.00 feet to a 5/8" rebar/cap PLS 11334; Thence North 85°32'00"West, coincident with said centerline 391,87 feet to a point on the west line of the NE1/4 of the NE1/4 of said Section 12, from which a witness corner bears North 0°31'13" East, 38.87 feet to a 1/2" rebar/cap PLS 7323; Thence North 031'13" East, coincident with said west line of the NE1/4 of the NE1/4 of Section 12, a distance of 859.66 feet to said north line of Section 12; Thence South 89°22'22" East, coincident with said north line of Section 12, a distance of 704.42 feet to the POINT OF BEGINNING. The above described parcel contains 13.90 acres more or less. Together with and subject to covenants, easements and restrictions of record. LAN°,s er? Nf 15.4. Lk. Carl Porter, PLS ? 6'4 o End Description 5.3—eiMst) \lit OF ID° POVC P:12013113012-CREEKWATER SUB.-ROCK SOLID\DrawingstDescriptions113012-ANNEX LEGAL.docx P 2 1 �inl�c`u' _ EXHIBIT "B" e NIWIl38d I X.� 9% s Q. V suolsuaa 2J31tlM�33?JO x a \'"')l it E - e 1 S l � I,:;..Y�.f t t { 3 L - ly 3 9 Y4 q� l; ��d FL ; il % L `:sk�. .. y f1,W v.H/ R °3 R R § 4! r eP< mad -es e a x „(.: y' '�A.. [ IN x5N °sk tae '� t" a< y� _� � '"°i t g`'P �e �'�© 5i� rg� a � !£`^ R.—.: g k e g a € q R g\ L `' Lk! ay @ iQ - j w wed um i§ . ; :yNY sW us =i= 3 p es o o w&b= rK E 1= g f 1 a _ Z P ! 1, r I mss �',/ Z` i.!MOI ikeWa HE w I I I ■I ' Qso g ° I c\i _____t_'''_____ /// a 0 '. „” ice-- �� t-z "�` c°� v-,1::,; S i� " b 0 1fi rj l-J i i' f' ," i 6'cf 4,— =_., ,,,,r",':.Z.,1 1 I 41 :—G:;''' ! ' , —_.__,--, j),1,.: :::,;–..-.7..-7----. ::–1,110,1,/ l4'".i'!'.. ''Y 1 c i o ...r.2.,,it,i: cf ife, - .,„ ., ( 4 ,..- - \-• ,.._;„,r,....,Ar. 'i,i'illirlilltiref "-,..1Me ''. ! w� z� ,, L. :{I ( r .�e� t , .� i ,1 O O' / F¢: 7, <i m f ,I • • _.. �ii i � °5-r � ' } f•w , H►tea 1 1 i�U ® a �� I J AI" 1 m � Il "li /,, . 1,, L., / 1.4 a r it -- ---..--,f___, Pr iwC " /� /� 7 i i1 II �I f!\ p. I � W II r k `,,ter+ Ip I 0 "y °m. 4 3 r _ ry n 2 I �I �3 �r ° 8 ' a n � p t. r m m �' L NJ07H 9 1.• , j 0 t $�_ .. L —L. qq n y 6 fir r d6, I f'NNNNON,,, • ' I 1 ifl r li 4f / EXHIBIT"Cl" Affidavit of GARY M. AND SANDRA L HAZEN AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) GARY M. AND SANDRA L. HAZEN,who being first duly sworn under oath,deposes and says: 1. We are Gary M. and Sandra L. Hazen, whose mailing address is 3577 West Floating Feather Road, Eagle, ID, 83616. 2. Gary M. and Sandra L. Hazen are the fee simple owners of the parcel of real property described on Exhibit 1, attached hereto(the"Property"). 3. Gary M. and Sandra L. Hazen authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho code Section 67- 6511A and Eagle City Code Section 8-10-1 dated the /y day of /-e , 2014 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Gary M. and Sandra L. Hazen (the"Agreement"). DATED this P./ day of_ c?YI , 2014. By: Aie Gary M. H: .I .VI A Sandra L. Hazen SUBSCRIBED AND SWORN to before me this /4 day of `,f _ ;,�f, , ,2014. KELLY JUDY N fxteg,,Q,Lr lic fo Notary Public Residing at ,Idaho State of Idaho My Commission expires R -/ 7 '0 OJ Page 1 of 1 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub Hazen da affidavit.doc EXHIBIT"C2" Affidavit of HERNAN W.and SUSAN G.BARROS dba BARROS INVESTMENTS,UNLTD. /INTERAMERICA DEVELOPMENT AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) HERMAN W. AND SUSAN G. BARROS, who being first duly sworn under oath, deposes and says: 1. We are Hernan W. and Susan G. Barros, who are the Principals of Barros Investments, Unitd./ Interamerica Development, whose mailing address is P. O. Box 1575, Eagle, ID, 83616("Barros Investments,Unitd./Interamerica Development"). 2. Barros Investments, Unitd./ Interamerica Development, is the fee simple owner of the parcel(s)of real property described on Exhibit 1,attached hereto(the"Property"). 3. Barros Investments, Unitd./ Interamerica Development, authorizes the submission of the Property to certain Development Agreement pursuant to the provisio_ns, et forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the Gt5'day of Z. 2014 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Herman W. and Susan G. Barros, Barros Investments, Unitd./Interamerica Development(the "Agreement"). `' DATED this day of 7 , 2014. y: Barr. vl Unitd./Interamerica Development■ i By. . //, � //� � rrr ��;- ��� :'4 os,Principal I .. r , •y: Susan G. B. ''•s,Principal SUBSCRIBED AND SWORN to before me this 7. day of al.h....4.6•41, 2014. ,sesseemos4,_ "jr:---; — • --- N9.—e„.41—....3 te- (t4f eyV 4 Notary Public for Idaho ,tOTAR y Residing at G." --)---. -4. ,Idaho = My Commission expires V S -`S '• rE OF I `'� Page 1 of 1 K:\Planning Dept\Eagle Applications\SUBS\2013\Creek Water Sub da Barros affidavit.doc