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Development Agreement - 2014 - Amended & Restated Renovare Subdivision - 3/15/2014 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 23 BOISE IDAHO 07/10/14 02:06 PM DEPUTY Lisa Batt RECORDED—REQUEST OF II I I I II I II I II II I'I I IIIII'I II I II III Eagle City 1 14054703 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 AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated 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"), ROCK CONTRACTORS, INC., and MDG, LLC, ("Owners"). Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on May 13, 2008, as instrument number 108055908(the"Original Development Agreement")shall be void and of no further force or effect. WHEREAS, Owners are the owner of record of certain real estate consisting of approximately 40.2 acres generally located on the east side of South Edgewood Road approximately 710-feet south of State Highway 44, ("Property"), as specifically defined in the attached legal description (Exhibit A), and shown on the.Concept Plan(Exhibit B), which is a portion of the site subject of an application for rezone, identified as Eagle Rezone Application No. RZ-24-06 and which is subject to an application for modification of development agreement, identified as Eagle Rezone Modification Application No. RZ- 24-06-MOD4; and WHEREAS, Owners have previously been approved for modifications to the Original Development Agreement associated with the Property pursuant to Rezone Application No. RZ-24-06 MOD, Rezone Application No. RZ-24-06 MOD2, and Rezone Application No. RZ-24-06 MOD3 which modifications associated with the Property are implemented within this Development Agreement; and WHEREAS, the proposed development includes properties within an area that, at the time the Original Development Agreement was recorded, was designated on the Land Use Map of the Comprehensive Plan as Mixed Use and zoned MU-DA(Mixed Use with a development agreement);and WHEREAS, Owners desires to develop the Property for residential purposes as generally shown on the Concept Plan(Exhibit B); and WHEREAS, the City Council of Eagle has determined that the scope of any residential project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the Owners' right to use, enjoy and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and Page 1 of 13 K.\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx WHEREAS, Owners have agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to the Mixed Use District ("MU-DA") zoning designation for the Property with the requirements set forth in the Original Development Agreement as replaced by this Amended and Restated Development Agreement; and WHEREAS,the City Council has determined that, in accordance with Eagle City Code Section 8- 2-1,the Original Development Agreement, as amended and restated by this Development Agreement, are to be used in lieu of the PUD and conditional use process; and WHEREAS, Owners have provided Eagle with affidavits agreeing to submit the Property to a development agreement(Exhibit Dl and D2)pursuant to Eagle City Code Section 8-10-1(C)(1);and WHEREFORE, Owners and the City of Eagle desire to enter into this Amended and Restated Development Agreement 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 has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to MU-DA, subject to the provisions of the Original Development Agreement, and as specifically set forth previously in Ordinance No. 597 which became effective after its passage, approval, and publication on June 10, 2008. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 Owners will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owners will submit such applications regarding floodplain development permit review, 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. 3.2 The Concept Plan represents the Owners' 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. However, the residential portion of this development proposal is recognized by Eagle and Owners as a desired component to a mixed use development. A residential component of Page 2 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx similar size and area to that depicted in the Concept Plan with the provisions and allowances contained herein,shall be maintained. 3.3 The total number of residential units on the Property shall not exceed 183-units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required.A separate application shall be submitted for a conditional use permit for a height exception. 3.4 The Setbacks shall be as follows: Lots 2-21,23-30,37-40,42-43,49-50,53,56-59,60-65 Front 15 feet 20 feet to front loaded garage(5 foot reduction for side entry garage) Rear 3 feet (All lots located adjacent to or in proximity to the floodway line(as identified on the adopted Flood Insurance Rate Map at the time of issuance of a building permit)shall have a 50-foot setback from the floodway line. Interior Side 5 feet Street Side 10 feet Maximum Coverage 60% Lots 31-32,44-45,54-55 Front 30 feet 30 feet to front loaded garage(5 foot reduction for side entry garage) Rear 3 feet Interior Side 5 feet Maximum Coverage 60% Lots 47,48 Front 11 feet(16-feet to front loaded garage) Rear 3 feet Interior Side 5 feet Street Side 10 feet Maximum Coverage 60% Page 3 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx Lot 51 Front 15 feet 20 feet to front loaded garage(5 foot reduction for side entry garage) Rear 3 feet Interior Side 5 feet Street Side 5 feet Maximum Coverage 60% All single family residential structures shall require Architectural Control Committee (ACC) approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the"Contemporary"theme of the development. 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application(whichever the case may be)is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above,the following uses shall also be prohibited on the Property: • Residential,Mobile Home(Single Unit); • Residential,Mobile Home(Single Unit Temporary Living Quarters); • Residential,Mobile Home Park; • Adult Business; • Automotive washing facility; • Cemetery; • Circuses and Carnivals; • Drive-In Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery,plant materials; • Riding Academies/Stables; • Small Engine Repair; • Storage(fenced area); 3.6 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping,pressurized irrigation facilities,parking lots,and amenities. Page 4 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovate Sub da cc fill ver.docx (b) A requirement insuring compliance with the Design Guidelines approved with this Agreement. (c) A requirement for all front and rear yard fencing within the development to be open- style such as wrought iron,extruded aluminum(looks identical to wrought iron),or three-rail-type wooden decorative fencing. Vinyl fencing is allowed only on interior lot lines within the depths of the building foot print for privacy. 3.6.1 The Owners shall place a note on the final plat that all common areas are to be owned and maintained by the Owners Association(s) for the development. The Owners shall provide a copy of the CC&Rs (which include a similar statement regarding the common areas) for review and approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall provide that the association(s) shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees,in accordance with Eagle City Code, in perpetuity. 3.7 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (center landscape islands, street trees, pool, poolhouse, and, children's play areas) shall be required design elements as part of the final design for the site. The overall open space for the site shall remain a minimum of 40% (inclusive of the area which is to be donated to the City). For the purpose of this Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual,fee-simple residential building envelopes. 3.8 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. The overall open space for the site shall remain a minimum of 40% (inclusive of the area which is to be donated to the City). For the purpose of this Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual, fee-simple residential building envelopes. 3.9 The Owners's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owners shall provide proof of central sewer service to the proposed residential and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health,prior to issuance of any building permits. 3.10 Owners shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), the Army Corps of Engineers, the City of Eagle, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owners agrees all development and improvement of the Property shall comply with rule and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.11 Owners will comply with all applicable provisions of Title 10,Flood Control, of the Eagle City Code. Page 5 of 13 K:\Planning Dept Eagle Applications\SUBS\2012\Renovare Sub da cc flu ver.docx 3.12 A minimum of one emergency and/or service access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency and/or service access shall be as determined in coordination with the City of Eagle Park and Pathway Development Committee, Eagle Fire Department, and Boise River Flood Control District#10 and approved by the Eagle City Council prior to City approval of a master design review application for the Property. 3.13 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,tables,etc.). 3.14 The single-family dwellings shall be constructed utilizing"Contemporary" style architecture. Commercial/retail buildings, and multi-family residential condominiums (Exhibit"E"), shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, multi-family residential condominiums,pumphouse for irrigation,and gazebos. To assure compliance with this condition, the Owners shall create an architectural control committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.15 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the"Dark Sky"concept of lighting. 3.16 The Owners shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to Riverside Drive 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.17 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved,prior to the commencement of any construction on the site. Page 6 of 13 K:\Planning Dept'Eagle Applications\SUBS\20121Renovare Sub da cc fnl ver.docx 3.18 Owners shall provide pedestrian and bicycle public access as shown on the Concept Plan from Riverside Drive to the paved greenbelt pathway located adjacent to the west boundaries as shown on the preliminary plat date stamped by the City on June 17, 2013. The public access to the pathway shall be reviewed and approved by the Eagle Parks and Pathway Development Committee and the Design Review Board prior to submitting final plat application. 3.19 Owners 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 in alignment with the approved pathway located on the property west of Renovare Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Committee prior to submittal of a design review application. 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 Renovare Subdivision, upon recordation of the final plat wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the Renovare Subdivision and the Boise River shall be prohibited. 3.20 City of Eagle approvals shall be subject to any FEMA requirements. 3.21 Provide a license agreement from ACHD approving the landscaping located within the public right-of-way abutting the northern boundary of the Property(Riverside Drive)prior to the City Clerk signing the final plat. 3.22 Pathways connecting the residential areas to the commercial areas shall be provided. 3.23 Streets shall be constructed using the street section and widths as shown on Exhibit"C" or as otherwise approved by Ada County Highway District. 3.24 Provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submitting a final plat application. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of the Owners are attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement(Exhibit D1 and D2) 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 Owners fail 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 Page 7 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx 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 Owners. 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 Owner 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. 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. Page 8 of 13 K:\Planning DeptEagle Applications\SUBS\2012\Renovare Sub da cc fni ver.docx 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 Owners: Rock Contractors,Inc. Attn: Charlie Wood 444 West Karcher Road Nampa,ID 83687 MDG,LLC Attn: James B.Axelson 82 Monarch Bay Drive Dana Point,CA 92629 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, Owners agree 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 Owners an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owners 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 Owners for such fees, adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle and as invoiced to the Owners or,if Owners have made a cash deposit with Eagle,Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit,and if the Owners fail 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 Owners. 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 Owners 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 Owners 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. Page 9 of 13 K:\Planning Dept\Eagle Applicauons\SUBS\2012\Renovare Sub da cc fill ver.docx 8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material respect,the City may,without further notice to Owners,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; 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 (C-day of //A-'1 ,2014. CITY OF EAGLE,a municipal corporation organized and existing under the laws of the State of Idaho B . % J•I ,es D.Reynolds, yo ATTEST: ,' .•4 AC'LF'•% • •s* ••, B : J •_ _ ���► u� .�.� • Sharon K.Bergmann,City Cler V v do. `, p 6Q' 4N Imo•,* �1V([� � , •,,* 3'TATE p Page 10 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fill ver.docx Owners: •MDG,LLC &. PI es B.Axelson, anager By: ock Contractors,Inc.,an Idaho company Charlie W. Wood,President STATE OF IDAHO ) . ss. County of Ada ) On this /5 day of/let ,2014,before the undersigned notary public in and for the said state,personally appeared JMES 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. 9^` 1� z3: s • Notary ' :is f Idaho e ", >x Residing C cf.• L rx «� -. � •� My Commiss' n Expires: a jcli 5 • °' Cr . c° • Page 11 of 13 K:1Planning Dept\Eagle Applications\SUBS120121Razovare Sub da cc fnl ver.docx STATE OF IDAHO ) . ss. County r :da ) On this .ay of , 2014, before the undersigned notary public in and for the said state, personally app ed JAMES B. AXELSON, known or identified to me to be the Manager of MDG, LLC, that executed - within and foregoing instrument, or the person who executed the instrument on behalf of said limite. '•bility company,and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto _-t my hand and seal the day and year first above written. Notary Public for I.. . Residing at: My Commission Expires: STATE OF IDAHO ) . ss. County of Ada ) On this (3 day of AAA.t,( ,2014,before the undersigned notary public in and for the said state,personally appeared CHARLIE W. WOOD,known or identified to me to be the President of Rock Contractors,Inc.,an Idaho company,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 seal the day and year first above written. .� s ALL/4:N Not Public or Idaho • .•......4•r, Residing at: ( (() f s TARP 'iL % My Commission Expires: -alp (t • 9TE O2 ‘ 0' Page 12 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 > State of Califor is //`'� 's 4' (A l/l t County of (jJ1l >> On ( � before me, �t '� � ) I(S �L� 11/441 �/2 11 C- >> 'a e )�n � Here Insert Name and T,tle of the OHic ( �/ C. personally appeared s `' J k l'l`();1 Name(s)of Signer(s) ( J� who proved to me on the basis of satisfactory evidence to be the persons*, whose name(s) is/are >> ( subscribed to the within instrument and acknowledged )' to me that he/she/laey- executed the same in >> ,, CARINA NEWSMAN his/her their authorized capacity(ies), and that by ,;, :` Commission#2017845 his/heather signature * on the instrument the ?� i. - Notary Public-California ( �"4► ' Orange County � person(e), or the entity upon behalf of which the �j 1 persons) acted, executed the instrument. >> Comm.Ex 'rem 6,2017 ( I certify under PENALTY OF PERJURY under the >> laws of the State of California that the foregoing '• paragraph is true and correct. ( >> WITNESS my hand d offici I seal. >> Signature: `�' >> ( Place Notary Seal Above Signature of Notary Public � OPTIONAL >> ( Though the information below is not required by law, it may prove valuable to persons relying on the document >> ( and could prevent fraudulent removal and reattachment of this form to another document. >> ( Description of Attached Do }r e t yj ( ?i Title or Type of Document: AO . 11L,10 tied l IA OeVe Ib I UI l ilvriyir �, Document Date: 1 V� Number of Pages: i ( >> ( Signer(s)Other Than Named Above: 1\i/r/4 >> ( Capacity(ies) Claimed by Signer(s) >> >> Signer's Name: Signer's Name: P, C. ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): > ❑ Individual ❑ Individual ( ❑ Partner— ❑Limited ❑General ❑ Partner — ❑ Limited ❑General >> ( 1) ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee >> E7 Guardian or Conservator 111 Guardian or Conservator >> ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ( >> 0 2012 National Notary Association •NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 INDEX OF EXHIBITS A - Legal Description B - Concept Plan C - Street Cross Sections Dl - Affidavit of Owner(MDG,LLC) D2 - Affidavit of Owner(Rock Contractors,Inc.) E - Typical Housing Styles Page 13 of 13 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da cc fnl ver.docx EXHIBIT "A" LEGAL DESCRIPTION FOR PROPOSED RENOVARE SUBDIVISION parcel of land located in the West Half of Section 15,Township 4 North, Range 1 East, Boise Meridian, City of Eagle,Ada County, Idaho, described as follows: Commencing at the West Quarter corner of said Section 15,thence North 89°50'48"West a distance of 168.86 feet to a point on the Easterly right-of-way line of South Edgewood Way,the POINT OF BEGINNING; Thence along said right-of-way line, North 00°27'08" East a distance of 352.84 feet to a point; Thence continuing along said right-of-way line along a curve to the left an arc distance of 20.67 feet,said curve having a radius of 535.00 feet, a central angle of 02°12'50", and a chord bearing North 00°39'18" West a chord distance of 20.67 feet; Thence leaving said right-of-way,South 71°37'30" East a distance of 232.55 feet to a point; Thence South 80°00'00" East a distance of 370.30 feet to a point on a curve on the Southerly right-of- way line as describe in Warranty Deed, Instrument number 108077070, records of Ada County; Along said right-of-way line the following: Thence, along a non-tangent curve to the left an arc distance of 84.19 feet, said curve having a radius of 355.00 feet,a central angle of 14°23'55", and a chord bearing South 57°20'32" East a chord distance of 83.99 feet to a point of reverse curvature; Thence along a curve to the right and arc distance of 27.41 feet, said curve having a radius of 19.00 feet, a central angle of 82°40'08", and a chord bearing South 23°19'32" East a chord distance of 25.10 feet to a point; Thence South 71°22'12" East a distance of 50.00 feet to a point on a non-tangent curve; Thence along a curve to the right and arc distance of 27.66 feet,said curve having a radius of 19.00 feet, a central angle of 83°24'38", and a chord bearing North 59°27'28" East a chord distance of 25.28 feet to a point of reverse curvature; Thence along a curve to the left an arc distance of 15.51 feet, said curve having a radius of 355.00 feet, a central angle of 2°39'12",and a chord bearing South 80°09'36" East a chord distance of 15.51 feet to a point; Thence South 81°29'12" East a distance of 299.36 feet to a point; Thence North 00°32'13" East a distance of 35.34 feet to a point; Thence leaving said right-of-way line,South 81°29'12" East a distance of 447.26 feet to a point; Thence South 00°32'01"West a distance of 93.74 feet to a the Northeast corner of Government Lot 4 (Center West 1116th Corner)of said Section 15; Thence along the East line of said Gov't Lot 4, South 00°42'00"West a distance of 1516.57 feet to a point on the Northerly ordinary high water line of the North Channel of the Boise River; Thence along said Northerly line the following courses and distances: North 47°25'51"West a distance of 89.85 feet; North 64°09'29"West a distance of 160.69 feet; North 59°04'54"West a distance of 161.93 feet; North 55°09'29"West a distance of 70.64 feet; North 65°48'03"West a distance of 81.88 feet; North 68°23'50"West a distance of 166.63 feet; North 62°54'02"West a distance of 83.00 feet; North 51°46'07"West a distance of 87.64 feet; North 34°52'05"West a distance of 280.45 feet; North 46°58'10"West a distance of 45.91 feet; North 58°34'20"West a distance of 128.95 feet; North 58°35'20"West a distance of 93.39 feet; North 33°28'57"West a distance of 99.68 feet; North 20°37'38"West a distance of 255.66 feet to a point on the West line of said Section 15; Thence leaving said Northerly line along said West line, North 00°47'25" East a distance of 276.43 feet to a point; Thence North 89°52'29" West a distance of 203.24 feet to a point; Thence North 00°27'08" East a distance of 105.77 feet to a point on the Southerly right-of-way line of South Edgewood Way; Thence along said Southerly line,South 89°50'48" East a distance of 35.00 feet to the POINT OF BEGINNING. Said Parcel contains 40.202 acres, more or less. End Description Project No. 13-144 Prepared May 24, 2013 EXHIBIT "B" ,+ <C , sr� # 7, 4 A Ii; „,..fi x i,� G dA° a T 7/'7'''''.,'"7,-.:";..:'1:1'77'.;_;4:.1'... ' ."1:.1.' 2:4',..''''',.';'!".-,..:;-:'-'1.4.:....r. Nilt.:',*"..vt'777."7":',..'7'''"''''''''1.44,'''''''4''''.:i.i'''''''''' LLI ' ' ' ' .%0''.'' ' ' --' — d '� I #.. .r: • 1,g,,, /gi /7,, if /,, „ ..:. ,,.. ...,,,,,,,,,.7,-......- .110N,lor f t N '' ::.i/ffi4 f.. • �., - /r -a F ce :i I I :, - Y e 2 I / tillit f I d'- II I I f f IF�_ . N` _ T} 4! ��� n iY#F. . . ‘,.. ,, ,''';',„,4- - r *`b,s 8 u id', RECEIVED a F1LEb CITY OF EAGLE SEP 1 3 2013 EXHIBIT "C" • File: Route to: V � ��— R/W i 35.0' 0.25' 34.5' 0.25' BACK-TO-BACK 10' 10' 8' --0-6' THRU THRU PARKING LANE LANE LANE WALK STRIPE 0.5' PATH f 2.0X— • \\j\\ J=._ 4 .ti-a- .�ti -: -•-•=.-...,ii_L.1Lft:ILt6w�/\\\\\\: ,,,,,,,\/\:\ \/\\//\/�\/\\/\ \:�\\%/\./\%Wz\%%\/'/\/ (ROLLED CURB FRONTING .0' RIBBON CURB NOTE: PAVEMENT SECTION PER ACHD STANDARDS BUILDING LOTS) E LONE SHORE LANE (WITH PARKING) (PRIVATE) S RENOVARE PL.. S RENOVARE LN.. S ANCONA LN. (ALL PRIVATE) RAI f 0/vi 35.0' 0.25' 28.5' - 6.25' BACK-TO-BACK 11' 11' 0.5' �-6' THRU THRU TYP LANE LANE PATH STRIPE 2.0% \/\/\//i//i//\/i\/\/\/\/�\//\//i//%//.//,.\ ..\///.\//,\/�\// 6' VERT. CURB AND GUTTER 1.0' RIBBON CURB (ROLLED CURB FRONTING NOTE: PAVEMENT SECTION PER ACHD STANDARDS BUILDING LOTS) E LONE SHORE LANE (NO PARKING) (PRIVATE) Ititv 1.(y— f 70.0' RI► 0' 1.0' 46.0' 1 5.0' 8.0' 23.0' 23.0' B.0' 5.0' -0-- WALK OR 6.0' CENTER-TO-BACK CENTER-TO-BACK OR 6.0' WALK LANDSCAPE 0.5' ANDSCAPE 2% _ 2%— TYP, 2X '/\\>/>//\/\ \/�\•e _ \:\ \:«s\«\«\_j •:-`. ...R«...r_ «.. _v_::'..... %/\.,/ \\/\/ y/j/\%j \,V/AAA//AA// A/�A/VA/\/,//�//\''' /�j�/�AA� „A..A/\\A A;\AAVA��'''.,\\/ '.\- VA/A//VA//VA/VV/�V�����\' ALTERNATE 7' ATTACHED 4...../, SIDEWALK VERTICAL CURB & GUTTER ALTERNATE ROAD SIDE NOTE: PAVEMENT SECTION PER ACHD STANDARDS SWALE AND CURB CUT E RIVERSIDE DRIVE EXTENSION PROPOSED STREET SECTIONS EXHIBIT"Dl" Affidavit of JAMES B.AXELSON on behalf of MDG,LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) JAMES B.AXELSON,who being first duly sworn under oath, deposes and says: 1. I am James B. Axelson, who is the Manager of MDG, LLC, whose mailing address is 82 Monarch Bay Drive,Dana Point, CA, 92629("MDG,LLC"). 2. MDG, LLC, is the fee simple owner of the parcel(s) of real property described on Exhibit 1, attached hereto(the"Property"). 3. MDG, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the g day of - , 2014 by and between the City of Eagle, a municipal corporation in the State of Idaho, and James B. Axelson, MDG, LLC, the "Agreement"). DATED this day of , ,2014. By:M r� , LLC By: . J. des B.Axelson,M. ger S = CRIBED AND SWORN to before, e this o day of P ,2014. ublic for Idaho S ,A lI/-k 619 Residing at ,Idaho My Commission expir Page 1 of 1 K:\Planning Dept\Eagle Applications\SUBS\2012\Renovare Sub da affidavit MDG.doc CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 y.:r0 .!0e •: • . 4 4.t � .,6.!_.. . . .! .!2. .! .e.R.!-. .! y r C!.�C •t C 2 N,eo.erM..mac ils...7, )) 1 ee Attached Document (Notary to cross out lines 1-6 below) • ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) l C •� ., 4 1 1. Signature of Document Signer No.1 Signature of Document Signer No.2(if any) 71 State of California Subscribed and sworn to (or affirmed) before me p) County of on this <3 day of MI1tJ�' , 20 I q C Date Month Year 71 1 by n CName of Signer �� JJ 14 .,., CARINA KESHISHIAN proved to me on the basis of satisfactory evidence V110 ?a\s Commission#2017845 to be the person who appeared before me (.) (,) • q: Notary Public-California I and ►% Orange County ( 1 Comm.Ex iris A r 6,2017 (2) ki/ 1 Name of Signer proved to me on the basis of satisfactory evidence to be the person ho ...eared before me.) j 1 Signature t 4 Place Notary Seal Above Signature of Notary Public (4 14 OPTIONAL C RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER#1 OF SIGNER#2 0 Though the information below is not required by law,it may prove valuable Top of thumb here Top of thumb here 1. to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Anv Attached Document r a , Title or Type of Document: 111,6:-V it„d I cq IV IA yt Document Date: Number of Pages: (4 Signer(s) Other Than Named Above: W R Lid✓,4`✓4�✓4■✓,4�✓ :A/A`✓WY,W,4 ASL., ✓'S'ic 4�✓,4 t-eASS4�4C.;✓,4�✓W—(.: S;4•:✓4.L4. `%4S CAVAN . ,,4,✓',K✓,',,W_K4C.Sti4•✓,4,e4�✓4�.;$ ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5910 EXHIBIT"D2" Affidavit of CHARLIE WOOD on behalf of Rock Contractors,Inc. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss. County of Ada ) CHARLIE WOOD,who being first duly sworn under oath,deposes and says: 1. I am Charlie Wood, who is the President of Rock Contractors,Inc., whose mailing address is 444 West Karcher Road,Nampa,ID, 83687, ("Rock Contractors,Inc."). 2. Rock Contractors, Inc., is the fee simple owner of the parcel(s) of real property described on Exhibit 1, attached hereto (the"Property"). 3. Providence Development Group, LLC, 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 ,� day ofs' r , 2014 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Charlie Wood, Rock Contractors,Inc.,the"Agreement"). DATED this 3 day of __�,,,�� ,2014. By: Rock C• tract'•rs,Inc. By: � O .. .a Charlie W.Wood, President SUBSCRIBED AND SWORN to before me this .'�. day of <v -3� ,2014. �a�x,4xexxxxxxxxx Notary Public for Idaho 44* ,� . 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