Development Agreement - 2020 - Molinari Park Sub - 7/10/2020Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.Q. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=19 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
DEVELOPMENT AGREEMENT
2020-085643
07/10/2020 11:54 AM
NO FEE
For Recording Purposes Do
Not Write Above This Line
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 Eagle 26, LLC ("Owner"),
WHEREAS, the Owner is the owner of record of certain real estate located on the south side of
East Plaza Drive approximately 300-feet east of the intersection of South 2°a Street and East Plaza Drive,
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. R1-07-18; and
WHEREAS, the proposed development includes properties within an arca currently zoned CBD
(Central Business District); and
WHEREAS, the Owner desires a CBD-DA-P (Central Business District with a development
agreement — PUD) zoning classification to develop a mixed use project 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 mixed use 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 CBD-DA-P (Central Business District with
a development agreement — PUD) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibits B1 — B2) pursuant to Eagle City Code Section 8-10-1(CX1) and be
bound by same; and
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KWtannieg DepaEagle AppficatioatPrefimin+ay Devdap neat Ptmu',20181MoIfnari Pais sub da cc fnl vcr4oc
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
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 Eagle 26, LLC ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located on the south side of
East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive,
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-07-18; and
WHEREAS, the proposed development includes properties within an area currently zoned CBD
(Central Business District); and
WHEREAS, the Owner desires a CBD-DA-P (Central Business District with a development
agreement — PUD) zoning classification to develop a mixed use project 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 mixed use 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 CBD-DA-P (Central Business District with
a development agreement — PUD) zoning designation for the Property with the requirements set forth in this
Development Agreement; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibits B1 — B2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same; and
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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 CBD-DA-P (Central Business District with a development agreement —
PUD), after recordation off 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 ON DEVELOPMENT
3.1 The maximum number of dwelling units shall not exceed 316-dwelling units.
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 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.
3.3 The Concept Plan (Exhibit C) 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.
However, the residential portion of this development proposal is recognized by Eagle and Owner as
a desired component to the development. A residential component of similar size and area to that
depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.4 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.
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, private streets, drive aisles, 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 homeowner's
association or other entity cannot be dissolved without the express consent of the city.
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(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 decorative fencing.
All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited.
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi-
family residential units.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs 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&Rs 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 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the CBD zoning designation (except as permitted
in Section 3.7, below).
3.7 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 Central Business 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 CBD (Central Business District) 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 CBD (Central
Business District) 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.
The following uses which are shown as "C" conditional uses under the CBD (Central Business
District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," shall be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Microbrewery
• Parking Lot, Parking Garage
• Parking Lot, Parking Garage, Commercial
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 to maintain
compatibility:
• Circuses and Carnivals;
• Nursery, plant materials;
• Restaurant (with drive -through)
• Riding Academies/Stables;
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3.8 The townhomes shall be constructed utilizing a style of architecture compatible with "Italianate" as
shown on Exhibit D. The multi -family dwellings shall be constructed utilizing an "Italianate"
styles of architecture as shown on Exhibit E. Commercial/retail buildings, multi -family residential
buildings, and pool house 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
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 units, pool house,
pumphouse for irrigation, and gazebos.
3.9 Owner 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, Owner shall
provide proof of central sewer service to the proposed residential 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 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.).
3.11 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.
3.12 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees
located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The
arborist report and map shall be provided with the submittal of a design review application. Owner
shall provide a narrative indicating how the trees will be incorporated into the design of the
subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior
to city approval of a tree removal and replacement plan.
3.13 In conjunction with 3.12 above, 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 and mitigation by the Design Review Board) shall be provided for Design Review
Board approval prior to the submittal of a final plat application.
3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed common areas throughout the
development, 3) landscape screening details and buffering for the residential units located adjacent
to State Highway 44, 4) elevation plans for all proposed common area structures and irrigation
pump house (if proposed), and 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, The design review application shall be
reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal
of a final plat application.
3.15 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 public sidewalk along the portion of the Property located
adjacent to State Highway 44. The public sidewalk shall be constructed in phases. The first phase
from the intersection of East Cedar Ridge Street and Public Road "A" (as shown on the preliminary
plat/preliminary development plan, date stamped by the City on September 11, 2018) easterly to
North Palmetto Avenue shall be constructed with Phase No. 1 of Molinari Park Subdivision. The
second phase from the west property boundary to the east phase line of Phase No. 2 of Molinari
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Park Subdivision, and the final phase connecting phases 1 and 3 shall be constructed with Phase
No. 3 of Molinari Park Subdivision. The specific location and design of the pathway shall be
approved by the City of Eagle Park, Pathway and Recreation Commission prior to submittal of a
design review application. The public sidewalk 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, upon recordation of the final plat(s) wherein the public sidewalk is located.
3.16 The parking ratio for the multi -family residential units shall be in conformance with Eagle City
Code Section 8-4-5. Public parking shall be permitted on the private streets.
3.17 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of a
design review application.
3.18 Owner shall be required to provide a public park located within Lot 72C, Block 2 (as shown on the
preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018).
The public park shall be operated and maintained by the Molinari Park Subdivision Homeowner's
Association.
3.19 The multi -family units located adjacent to Private Road "D" and Private Road "E" (as identified on
the preliminary plat/preliminary development plan, date stamped by the City on October 9, 2019)
shall have live/work commercial space located adjacent to the private roads.
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 B1 — B2) 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 contained in this Development Agreement or to terminate the Development Agreement
following the process established in Eagle City Code Section 8-10-1. and in accordance with the
notice and hearing provisions of Idaho Code Section 67-6509. In the event this Development
Agreement is terminated pursuant to this Article 5, use of the Property shall be limited to those uses
allowed within a CBD (Central Business District) zoning designation until Eagle enacts and records
an ordinance changing the property to the CBD (Central Business District) zoning designation.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle the prevailing party 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.
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ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this Development Agreement 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 the 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 Owner, and its 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.
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;
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Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner:
Eagle 26, LLC
Attn: Barry Marcus and Greg McVay
737 North 71 Street
Boise, Idaho 83702
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, Owner 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
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owner 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 Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash
deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owner is in the form of a letter of credit, and if the Owner 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 Owner.
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
Owner 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 Owner 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 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/fmancial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
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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.
8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate
5-years after the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ao day of , 2020.
ATT
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.._.bif Sharon -Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
%soi Pierce, Mayor
OWNER:
Eagle 26, LLC
By: Cx1\t\ Oki\C_��JJ
Barry Marcus, W...4 ing Member
By:
Greg McVay, Managing Member
Page 8 of 10
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STATE OF IDAHO
: ss.
County of Ada )
On this 1Yj day of 3UCIf,., , 2020, before the undersigned notary public in and for
the said state, personally appeared BARRY MARCUS, a managing member of Eagle 26, LLC, known or
identified to me to be the 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 first above
written.
TABITHA PENNY
COMMISSION
p BLIC#20191� STATE OF IDAHO
STATE OF IDAHO )
: ss.
County of Ada )
Notary Public for 1'daho
Residing at: ISC- , idol/ 0
My Commission Expires: 0 fi (o I to ZK
On this i'' day of tiune, , 2020, before the undersigned notary public in and for
the said state, personally appeared GREG MCVAY, a managing member of Eagle 26, LLC, known or
identified to me to be the 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 first above
written.
TABITHA PENNY
COMMISSION #20191529
NOTARY PUBLIC
STATE OF IDAHO
4p6{4i,b
Notary Public fo4 Idaho
Residing at: edI,SC , I do
My Commission Expires: 09 101 i Zoi
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.,14149
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' 011eitY1 YPIATOPt
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INDEX OF EXHIBITS,
A Legal Description
B 1 Affidavit of Barry Marcus
B2 Affidavit of Greg McVay
C - Concept Plan
D Townhome Elevations
E Multi -Family Elevations
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Sawtooth Land Surveying, LLC
P: (208) 398-81 04 P. (208) 395-8105
2030 5. Washington Ave.. Emmett. ID 836 17
EXHIBIT "A"
Eagle 26 Rezone Description
A parcel of land located in the NE1/4 of the NW1/4 of Section 16 and the SE1/4 of the SW1/4
of Section 9, T. 4 N., R. 1 E., B.M., City of Eagle, Ada County, Idaho, more particularly
described as follows:
COMMENCING at a found brass cap marking the NW corner of said NE1/4 of the NW 1/4
(W1/16 corner common to Sections 9 and 16), from which a found brass cap marking the NE
corner of said NE1/4 of the NW1/4 (1/4 corner common to Sections 9 and 16) bears
S. 89°52'44" E., 1324.68 feet;
Thence along the south line of said SW1/4 of the SW1/4, N. 89°51'33" W., 275.93 feet;
Thence leaving said south line, N. 01 °02'56" E., 25.00 feet to the centerline of E. Cedar Ridge
Drive and the POINT OF BEGINNING;
Thence leaving said centerline and continuing, N. 01°02'56" E., 323.49 feet to the centerline of
E. Plaza Drive;
Thence N. 86°35'08" E., 2.16 feet;
Thence N. 01 °03'22" E., 36.23 feet to the centerline of E. Plaza Drive;
Thence coincident with said centerline of E. Plaza Drive the following courses and distances:
Thence S. 89°36'02" E., 276.98 feet to the beginning of a curve right, having a radius of 339.00
feet;
Thence 192.78 feet along the arc of said curve, through a central angle of 32°34'56",
subtended by a chord bearing S. 73°18'34" E., 190.19 feet;
Thence S. 57°01'06" E., 671.12 feet to the beginning of a curve left, having a radius of 329.00
feet;
Thence 189.01 feet along the arc of said curve, through a central angle of 32°55'00",
subtended by a chord bearing S. 73°28'36" E., 186.42 feet;
Thence S. 89°56'05" E., 159.08 feet;
Thence leaving said centerline, S. 03°42'44" E., 156.19 feet;
Thence S. 32°18'38" E., 31.83 feet;
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Thence S. 44°38'22" E., 24.18 feet;
Thence S. 75°39'01" E., 189.05 feet;
Thence S. 00°46'47" W., 430.45 feet to the centerline of the Eagle Alternate Route (state
Highway 55) and the beginning of a non -tangent curve left, having a radius of 11459.16 feet;
Thence coincident with said centerline the following courses and distances:
Thence 456.90 feet along the arc of said curve, through a central angle of 2°17'04", subtended
by a chord bearing N. 80°26'44" W., 456.87 feet;
Thence N. 81 °39'24" W., 891.29 feet;
Thence N. 81 °36'27" W., 293.42 feet;
Thence N. 81 °04'52" W., 27.69 feet;
Thence leaving said centerline, N. 00°48'06" E., 540.44 feet to the centerline of said E. Cedar
Ridge Drive;
Thence S. 89°51'33" E., coincident with said centerline of E. Cedar Ridge Drive, 52.38 feet to
the POINT OF BEGINNING;
The above described parcel contains 27.914 acres more or less.
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2
EXHIBIT "B1"
Affidavit of BARRY MARCUS on behalf of Eagle 26, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
BARRY MARCUS, who being first duly sworn under oath, deposes and says:
1. I am BARRY MARCUS, who is a Managing Member of F. g1e 26, LLC, whose mailing
address is 737 North 7th Street, Boise, Idaho, 83706 ("Eagle 26, LLC").
2. Eagle 26, LLC, is the fee simple owner of the parcel of real property described on Exhibit
A, (the "Property").
3. Eagle 26, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions forth in Idaho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the itirday ofd Ufl . , 2020, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Barry Marcus, Eagle 26,
LLC. (the "Agreement").
DATED this 1$ day of `1 uJ I . , 2020.
By: Eagle 26, LLC
By: &O.ncu4
Barry
Managing Member
SUBSCRIBED AND SWORN to before me this (eday of (die_,
KELLI LYN ENGUM
COMMISSION #6464
NOTARY PUBLIC
STATE OF IDAHO
11
Notary Public for Ihq •
Residing at , Idaho
My Commission expires /,/e31 M4A
, 2020.
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K\Planning Dept\Eagle Applicaticns\Preliminary Development Plans124181Molinati Palk Sub da affidavit B I.doc
EXHIBIT "B2"
Affidavit of GREG MCVAY on behalf of Eagle 26, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
GREG MCVAY, who being first duly sworn under oath, deposes and says:
1. I am GREG MCVAY, who is a Managing Member of Eagle 26, LLC, whose mailing
address is 737 North 7h Street, Boise, Idaho, 83706 ("Eagle 26, LLC").
2. Eagle 26, LLC, is the fee simple owner of the parcel of real property described on Exhibit
A, (the "Property").
3. Eagle 26, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions sqLforth i daho Code Section 67-6511A and Eagle
City Code Section 8-10-1 dated the ($iday of (J 4 , 2020, by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Greg McVay, Eagle 26,
LLC. (the "Agreement"),
DATED this I L day of (2020.
By: Eagle 26, LLC
By:
Greg McVay, Managing Member
SUBSCRIBED AND SWORN to before me this (8 day of .J (fl , 2020.
KELLI LYN ENGUM
COMMISSION #6464
NOTARY PUBLIC
STATE OF IDAHO
Notary Public for Idaho
Residing at , , Idaho
My Commission expires / 4 / 6b
Page 1 of 1
K:\Planniag Depaagle Applicadona\Preliminary Development Plans\2U18\Molinari Park Sub da affidavit B2 doc
co+•Re.e. u•F nvaq
Phase 1
r E CFOAR IOOF AFREEF (AC R DI
Townhomes
35-ft height
2-3 stories
Phase 2
- „
STATE
Mom_ HIGHWAY.14 S TAJE STREET )ITO)
1316 Dwelling Units I
Two (2) mixed -use buildings
(retail / commercial / lofts)
45-ft height
3 stories
Multi -family /
retail / commercial
45-ft height
4 stories
Phase 4
a a a a
1111111'" 11911TI I
En iv in
•
■
MOLINARI PARK
SUBDIVISION
Exhibit C
'Commercial
Site
Phase 5