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Development Agreement - 2013 - 2Nd Amended & Restated Lakemoor - 9/9/2013Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER slopher D. Rich AMOUNT .00 79 SOME IDAHO 09110113 tut PM DEPUTY Dail Darrell ��� I�f�l�ll�lllll�'llfll +�ll�l1III �!� RECORDED - REQUEST OF Eagle City 113103020 11 11 I For Recording Purposes Do Not Write Above This Line SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Second 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 "), and DMB Investments, LLC, an Idaho limited liability company ( "O%kner ") Upon recordation of this Second Amended and Restated Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on November 19, 2007, as instrument number 107155863 (the "First Amended and Restated Development Agreement ") shall be void and of no further force or effect. WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 178.5 acres located south of the Boise River, and east of Eagle Road, Eagle, Idaho, all as shown on Exhibits A 1 and A2 ( "Concept Plan ") and described on Exhibit B ( "Property'), which is the subject of an application for rezone, identified as Eagle Rezone Application No. RZ -5 -02 and which is subject to an application for modification of development agreement, identified as Eagle Rezone Modification Application No. RZ- 5- 02 -MOD2; and WHEREAS, the proposed development includes properties within an area that, at the time the First Amended and Restated 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, Owner desires to develop the Property for office, commercial, residential and open space purposes as generally shown on the Concept Plan; and WHEREAS, the City Council of Eagle has determined that the scope of any office, commercial and 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 Second Amended and Restated Development Agreement is to protect the right of Owner 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 15 K Plaaniny Dcr4 F4& Applimiom CPA :002 CPA 4•0. .0 AMkI S RZ•5 -01 ATOP? da cc vo-duc WHEREAS, Owner has provided a Termination Agreement and Mutual Release between DMB Investements, LLC and Poag and McEwen Lifestyle Centers -- Eagle, LLC, a Delaware limited liability company (party to the First Amended and Restated Development Agreement) terminating the contractual agreements between the Owner (DMB Investments, LLC) and Poag and McEwen Lifestyles centers - Eagle, LLC, a Delaware limited liability company (Exhibit G); and WHEREAS, 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 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 Second Amended and Restated Development Agreement; and WHEREAS, this Second Amended and Restated Development Agreement provides approval of height exception as allowed by Eagle City Code Section 8- 2A- 6(13)(6)(a) because this Second Amended and Restated Development Agreement is approved in lieu of a PUD as described herein; and WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8- 2-1, the First Amended and Restated Development Agreement as replaced by this Second Amended and Restated Development Agreement is to be used in -lieu of the PUD and conditional use process; and WHEREAS, Owner of the Property has provided Eagle with an affidavit agreeing to submit the Property to a development agreement pursuant to Eagle City Code Section 8- 10- 1(C)(I); and WHEREFORE, Owner and the City of Eagle desire to enter into this Second 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 -6511 A and Eagle City Code, Title 8, Chapter 10_ ARTICLE 11 ZONING ORDINANCE AMENDMENT Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to MU- DA, subject to the provisions of this Development Agreement. Ordinance #510 became effective after its passage, approval, and publication November 14, 2005, and the execution and recordation of the First Amended and Restated Development Agreement and Ordinance #510, will continue to be effective after the execution and recordation of this Second Amended and Restated Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner, as applicable 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 Page 2 of 15 K Pianniag Dc{e Eagle Applimnam CPA 1002 CPA-a j2 &A .13-02 & RZS-02 MOD-1 &t u Verdes 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 Development Agreement. 3.2 The residential Area A and F ( "Carriage Home Sites') as depicted on Exhibit A2 shall be developed by Owner in a combination of attached town homes and detached patio homes at an approximate density of five units per acre. ❑ Setbacks and Minimum lot size proposed for the Carriage Home Sites: Front 15 feet Rear 10 feet Common Side (town home) 0 feet Interior Side 5 feet Additional Setback for 5 feet per story Multi -Story structures 5 feet Street Side 15 feet Minimum Lot Size 5,000 square feet Any reduction of lot sizes below the minimum lot size of the standard lot within the MU -DA zone (5,000 square feet) shall require an offsetting increase of the same square footage of open space. The specific calculation for the offsetting increase of open space and such open space shall be incorporated into and shall be reviewed with the preliminary plat for Area A. The residential Area B and G ( "Luxury Home Sites ") as depicted on Exhibit A2 shall be developed by DMB for single - family detached homes at an approximate density of two units per acre. ❑ Setbacks proposed for the Luxury Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 5 feet per story Street Side 20 feet The residential Area C ( "Custom Home Sites') as depicted on Exhibit A2 shall be developed by Owner in single - family detached homes at an approximate density of four units per acre. ❑ Setbacks proposed for the Custom Home Sites: Front 20 feet Rear 25 feet Interior Side 7.5 feet Additional Setback for Multi -story structures 2.5 feet per story - When the 2nd story wall section is designed to be offset toward the inside of the house from the lower story so that there is "break" in the plane of the wall sections between stories then the second story setback may be reduced by 2.5 feet. 5 feet per story - When the first and second story wall sections are designed as a flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet. Page 3 of 15 K. Planning Dept Eagle Applicniom CPA 2003TPA4.02 & A -03.02 S RZ -54.2 MOD'_ da cc %rr doc For the purposes of implementation of the setbacks noted herein, the first story shall have a top plate no higher than ten feet (10'). Street Side 20 feet The residential portion of this development proposal is recognized by Eagle and Owner as a de: -iced component to a mixed use development. A residential component substantially in conformance to that depicted in the Concept Plan shall be maintained. 3.3 The Mixed Use Commercial Area D of the Property, as depicted on Exhibits A2 and A3, is proposed to be developed by Owner with a combination of any commercial and residential uses allowed within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations" under the MU zoning designation (except as limited in Section 3.09 below), a copy of which is attached as Exhibit C. Buildings up to a maximum 50,000 square feet each are permitted in Area D. The maximum height of commercial buildings shall be 50 feet; non - habitable architectural elements shall be a maximum height of 60 feet. The setback from East Eagles Gate Road shall be a minimum of 10 feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements staled in Eagle City Code are not exceeded. 3.4 Area E, depicted on Exhibit A2, may be developed similar to Ehe commercial uses proposed to be developed by Owner within Area D (except as limited in Section 3.09 below). If Owner does so develop Area E, buildings up to a maximum 50,000 square feet each are permitted for this Area E and multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. The maximum height of commercial buildings shall be 50 feet; non - habitable architectural elements shall be a maximum height of 60 feet. If Area E does not become an expansion of the commercial uses proposed to be developed within Area D, Area E shall be developed as provided in Section 3.5 below. 3.5 If Area E of the Property, as depicted on Exhibit A2, does not become an expansion of the commercial uses proposed to be developed within Area D as provided in Section 3.4 above, Area E is to be developed by Owner with a combination of any office and retail uses allowed within Eagle Cite Code Section 8 -2 -3 "Official Schedule of District Regulations" under the MU zoning designation (except as Iimited in Section 3.09, below), a copy of which is attached as Exhibit C. An assisted living facility shall be a permitted use within Area E. Buildings up to a maximum of 50,000 square feet each are permitted for this area. This square foot limitation does not apply to Fitness.1ndoor Recreation Facilities, Education Facilities, and Hotels. The maximum height of Hotels and Office Buildings shall be 50 feet; non - habitable architectural elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.6 This Development Agreement approves the height exceptions enumerated in paragraphs 33, 3.4, and 3.5 as allowed by Eagle City Code Section 8- 2A- 6(13)(6)(a) based on the Site Development, Architectural and Landscaping Design Guidelines, defined below, substantially in compliance with Exhibit E, attached hereto and incorporated herein by reference, and the Design Guidelines Commercial, defined below, substantially in compliance with Exhibit F, attached hereto and incorporated herein by reference. 3.7 The total square footage of building area for retail uses allowed in Eagle City Code Section 8 -2 -3 within this development steal I not in the aggregate exceed 330,000 square feet. Page 4 of 15 (D K Pl,nnin` LYE 2 agle Applieauats CPA 1002 CPA 4.02 & A 93.02 R RZ i-O: MOP2 u cc ver,doe 3.8 The Mixed Use Corporate Campus Areas H and I of the Property, as depicted on Exhibit A2, are to be developed by Owner 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 MU zoning designation (except as limited in Section 3.09, below). These areas are encouraged by Eagle to be developed by Owner with apartments or multi - family dwellings, with a maximum density of up to 16- units per acre. 15% open space within Areas H and I will be required if developed as multi - family residential. However, the use of Areas H and I as indicated on the Concept Plan (office) is approved as part of this Development Agreement. A change in the development of these Areas from office to multi - family residential (as encouraged herein) will not require a modification to this Development Agreement. This change may be considered at the time a design review application is made for these Areas. 3.9 All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall be considered permitted uses. All uses shown as "C' conditional uses under the MU zoning designation within Eagle City Code Section 8 -2 -3 `'Official Schedule of District Regulations," a copy of which is attached as Exhibit C, shall require a conditional use permit, except the residential portions of the Property described in Section 3.2 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; ❑ Commercial, Adult Business; ❑ Commercial, automotive, mobile home, travel trailer, andior farm implement sales; ❑ Commercial, Cemetery; ❑ Commercial, Drive -In Theatre; ❑ Commercial, Mortuary; ❑ Commercial, Storage (fenced area); ❑ Industrial, Railroad yard or shop; ❑ Industrial, Terminal yard, trucking; and ❑ Industrial, Truck and equipment repair and sales (heavy). However, if the permitted and conditional uses in the MU zoning designation are expanded, such expanded uses shall be allowed as permitted or conditional uses as the case may be. 3.10 Except for the limitations and allowances expressly set forth above and the other terms of this Development 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', a copy of which is attached as Exhibit C. Page 5 of 15 K Planning Dept Eagle Applicaliom CPA 2002 CPA4.0: & A -03 -02 & iiZ•3.02 NIOD'_ da cc .cr.duc 3.11 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 and amenities. (b) A requirement insuring compliance with the Site Development, Architectural and Landscaping Design Guidelines attached as Exhibit E or Design Guidelines Commercial attached as Exhibit F, as applicable, approved with this Development Agreement. 3.12 All development within Areas A through C and F through 1, as depicted on Exhibit A2, shall be consistent with the Site Development, Architectural, and Landscaping Design Guidelines ("Design Guidelines') attached hereto as Exhibit E and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on Exhibit AZ, shall be consistent with the Design Guidelines Commercial attached hereto as Exhibit F and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. The Concept Plan attached hereto indicates the general nature and relative location of certain elements for the Property. The intent of this Development Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept 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 (the round - abouts, center islands, and street trees) shall be required design elements as part of the final design for the site and the open space for Area D and Area E shall be 25% in the aggregate, and open space for Area F and G shall be a minimum of 25% in the aggregate, and open space in Area H and Area 1 (subject to Section 3.9 above) shall be 25% in the aggregate. For the purpose of this Development Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual residential lots within Areas A, B, C, F, and G. 3.13 Applicant agrees all development and improvement of the Property shall comply with applicable rules and regulations pertaining to regulated wetlands. 3.14 Applicant will comply with all applicable provisions of 1 "isle 10, Flood Control, of the Eagle City Code. 3.14.1 Area K (as shown on the concept plan as a pond and is 6.2 acres in size) may be used for flood water holding capacity and the area therein may be used as part of the site's no net loss calculation if the area is included within the corporate limits of the City of Eagle and is subsequently approved as part of the floodplain development permit pursuant to Title 10 of the Eagle City Code for the overall development. 3.15 Owner shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one hundred -foot (100') wide landscape area (not including right -of -way) along the portion of the Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the Property was addressed as a part of the preliminary plat application for the Property. 3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 94-1 -6 a minimum ten (10) foot wide public asphalt pathway in a landscaped strip located within the Chevron Pipeline easement, the design and landscaping for which shall be re%-hewed and approved by the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement Page 6 of 15 K Planning Deft Eagle Applicat om CPA 2002 CPA4.0.' &A -J! t:-° & RI NIOW da cc :er.doc or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 94- 1- 6:E.2, upon recordation of the final plat(s) wherein the pathway is located 3.17 Owner shall provide bus stops as may be recommended by Eagle. 3.18 Building placement shall be designed such that parking areas are not concentrated between the buildings and Eagle Road. The parking areas depicted on the Conceptual Plan for Area D depicted on Exhibit A3 are not considered to be concentrated between the buildings and Eagle Road. The side of any buildings facing Eagle Road shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 3.19 Owner shall keep and maintain for use on the Property such irrigation water rights as are reasonably required in order to provide a pressurized irrigation system or systems for all landscaped areas on the Property. In the event that Owner desires to transfer, sell or convey any excess water rights (that is, water rights not necessary to provide an adequate source of irrigation water for the landscaped areas on the Property), Owner shall first submit to Eagle reasonable written evidence that such water rights proposed for transfer are not necessary to provide an adequate source of irrigation water for the landscaped areas on the Property, including Areas D and E, and reasonable written evidence of the agreement to purchase said water rights by a third party purchaser and the price and complete terms agreed to be paid therefor. Eagle shall have forty-five (45) days after receipt of said notice within which to elect, in writing, to purchase such water rights upon the same terms which Owner is to receive from said third party purchaser, whereupon the water rights shall be sold to Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have given written notice of its intent to purchase the water rights within the said forty -five (45) day period, the first right of refusal created hereby shall terminate and Owner shall be entitled to sell its water rights free of any right or claim of right by Eagle. Owner shall have no obligation to Eagle hereunder in the event Owner sells, transfers or conveys any such excess water rights to any person or entity affiliated with Owner. As used herein, an affiliated person or entity is one which owns, is owned by, or shares any common ownership with Owner. 3.20 Subject to the conditions and limitations set forth herein, Owner shall provide a park site along the eastern boundary of the Property in Area J as generally depicted in Exhibit A2 attached hereto (hereinafter "Park Site ") which Park Site is to be developed, owned and maintained by and at the expense of Eagle. Owner's obligations to provide said Park Site shall be fulfilled as follows: A. Upon recordation of a final plat of any portion of the Property, Owner shall enter into an agreement to lease the Park Site to Eagle for use as a public park or for other public purposes reasonably acceptable to Owner, such purposes and terms to be specified in the lease agreement. Said lease agreement shall include, among other provisions acceptable to Owner and Eagle, a provision permitting Owner to use and occupy the Park Site for grazing or other uses not inconsistent with this Development Agreement and Owner's development project until such time as Eagle is prepared to fully develop the public facilities thereon. B. Upon completion of a road or roads constructed to ACHD standards by Owner to provide public access to the Park Site, Owner shall dedicate the Park Site to Eagle, which such dedication shall be subject to the following restrictions and reservations: 1. The Park Site shall be restricted for use only as a public park and shall act as a non- residential buffer for Boise City's waste water treatment facility and any expansions thereof. located easterly of the Property. Page 7 of 15 K Planning De{n Eagle Aprtical. m CFA 2 ?3= CPA4. " & Aa'"2 d RZ -5-J_ MOD2 dam %u doc 2. Dedication of the Park Site shall be subject to all reservations, restrictions and easements established of record or by use upon the Premises, Subject to the provisions of subparagraphs 4 and 5 below, (a) no such reservations, restrictions and easements made by Owner shall impair the future use of the Park Site by Eagle as described in this Development Agreement; and (b) the Park Site shall not be made subject to any restrictive covenants Owner may impose upon any other portion of the Property. 3. Eagle shall obtain Owner's written approval for any and all improvements to be made to the Park Site prior to the commencement of construction or installation thereof, such approval not to be unreasonably withheld or delayed over thirty (30) days from the date sent to Owner. Failure of the Owner to respond to the City within the 30 -day period is deemed as approved by the Owner. 4. The dedication shall be subject to a reversionary interest in Owner in the event that at least fifty percent (50 %) of the total area of the Park Site has not been developed for use as a park or other public purposes reasonably acceptable to Owner within five (5) years after the date of dedication thereof to Eagle. Once fifty percent (50°0) of the total area of the Park Site has been developed, the reversionary interest is extinguished. 5. The dedication shall be subject to a reservation of a public road right -of -way of up to 900 feet in width along the southerly boundary of the Park Site as generally depicted in Exhibits Al and A2 attached hereto for a public road connection to the east. C. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by Owner pursuant to the provisions of subparagraph B.3., above, prior to the completion of construction of a public road as described in subparagraph B, above, Eagle may so advise Owner thereof in writing and Owner shall dedicate to Eagle the portion of the Park Site which Eagle intends to develop and shall provide Eagle a temporary easement for access thereto, subject to the following: 1. The location of the temporary access easement shall be reasonably determined by DMB. 2. Owner shall, within 120 days of Eagle's request therefor, weather permitting, rough grade a 20 foot wide temporary roadway in the temporary easement area. Eagle shall be responsible for all other necessary roadway improvements as may be approved by Owner, such approval not to be unreasonably withheld. 3. Eagle shall be responsible for the maintenance and repair of the temporary roadway and shall provide for dust abatement thereon. 4. Owner may, at Owner's cost, relocate the temporary roadway, provided that such relocation shall not materially interfere with access to the Park Site. 5. The temporary easement, or any unnecessary portions thereof, shall terminate as construction of a public road providing access to the Park Site is completed. 6. Eagle shall defend, indemnify and hold Owner and its directors, officers, agents, employees, successors and assigns harmless from any and all claims, actions, causes of action, damages or liabilities of any description ("Claims ") arising out of or in any manner connected with the use of the temporary easement and roadway, except Claims arising out of the intentional or willful misconduct of Owner and its directors, officers, agents, employees, successors and assigns. D. Owner's dedication of the Park Site shall include any and all water rights and/or water shares or certificates evidencing the same, which are appurtenant to the Park Site, the amount or number of which shall be calculated on a proportionate basis with the rights appurtenant to the Property; Page 8 of 15 K Phz,nirE Dept I -We Applimmm CPA 2002 CPA-i 02& A-041'_ S PZ M:.)M da cc .er doc provided that Eagle shall be responsible, at Eagle's sole cost and expense, to (a) deliver irrigation %kater to Owner's property at the western boundary of the Park Site at such locations as may be required for the continued flood irrigation of Owner's property, it being understood and recognized that Owner presently has a right to receive irrigation water at three locations along the eastern boundary of the Park Site and, unless otherwise agreed, will require delivery of irrigation water at three locations westerly thereof in the locations depicted on Exhibit D attached hereto; and (b) to take such action as may be required in order to prevent irrigation and other surface water from flowing. migrating or draining onto Owner's property located westerly of the Park Site. Owner shall not sell or otherwise transfer any water rights. shares appurtenant to the Park Site prior to its dedication to Eagle nor shall Owner impair or impede the existing works which deliver irrigation water to the Park Site. E. To the extent permissible under the law, Owner shall be entitled to claim any available income tax benefits which may arise out of Owner's donation (and, if applicable, development) of the Park Site as set forth herein, and Eagle shall cooperate with 0%%-ner in seeking any such tax benefits. F. In the event Eagle shall desire to develop the Park Site (or a portion thereof) for a use approved by Owner pursuant to subparagraph B.3., above, Owner shall, within 120 days of Eagle's request therefor, weather permitting, provide rough grading and general contouring in conformance with such approved plans on a phase by phase basis as the Park Site is developed. Nothing contained herein shall be construed to require Owner to construct any improvements beyond rough grading and general contouring, including but not limited to irrigation or drainage facilities nor shall DMB be obligated to import any material to the Park Site in order to perform such rough grading and general contouring. 3.21 Considerations specifically regarding gravel extraction operations and stub streets to adjacent properties "ill be addressed as part of the City's revie%% of any preliminary and final plat applications for the Property. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement and to 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 (Exhibit H). ARTICLE V DEFAULT 5.1 In the event Applicant or any successor 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 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. However, if a default occurs after the Property is divided, any termination shall only affect the lot or parcel in default and shall not affect other portions of the Property. Page 9 of 15 K Planning Dept Eagle Applications CPA '002 CPA4 -02 S A -03-02 & RZ -3.02 MOD: da cc imdoc 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, the enforcing 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 attorney's fees and court costs. 5.3 If any term, provision, commitment, or restriction of this Development Agreement or the application thereof incorporated for the benefit of Eagle shall be held invalid or unenforceable and not voluntarily adhered to by Applicant and their successors notwithstanding any such invalidity or unenforceability, the remainder of this instrument shall terminate and the zoning of the Property (except that portion thereof for which a plat has been recorded or which has otherwise been improved in accordance with the provisions of this Development Agreement) shall revert to the A -R (Agricultural Residential) zoning designation, unless the portion of this instrument determined to be invalid or unenforceable is re- negotiated in good faith between Applicant (or other appropriate party) and Eagle as an amendment to this Development Agreement processed in accordance with the notice and hearing provisions of Idaho Code § 67 -6509 and Eagle City Code Section 8 -10 -1. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Development Agreement or the application thereoi-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 Applicant (or other appropriate party) and Eagle. ARTICLE V11 ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of Applicant. Each commitment and restriction contained herein shall be a burden on the Property and shall be appurtenant to and for the benefit of the Property and shall run with the land. This Development Agreement shall be binding on Eagle and Applicant and owners, and their respeccive heirs, administrators, executors, agents, legal representatives, successors and assigns; provided, however, that if all or any portion of the Property is divided, each owner of a legal lot shall only be responsible for duties and obligations associated with an owner's parcel and shall not be responsible for duties and obligations or defaults as to other parcels or Iots within the Property. 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 liable for all commitments and other obligations arising under this Development Agreement with respect only to such owner's lot or parcel. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreemeni 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 Exceptions and Variances. Nothing in this Development Agreement shall be construed to prevent Applicant, nor shall Applicant otherwise be prevented, from seeking, by appropriate application thereof, approval for such waivers, exceptions or variances as may be authorized by the provisions of the Eagle City Code. Page 10 of 15 K Planning Dqn Lagk Applications CPA ?OUP Ci'A4 -+:1 &A -01-11' & RZA-U? MOW & a +er doc 8.3 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. 8.4 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. 8.5 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 310 E. State Street Eagle, Idaho 83616 With Copy to: Susan E. Buxton Moore Smith Buxton & Turcke, Chid. 950 W. Bannock Street, Suite 520 Boise, Idaho 83702 DMB: DMB, Inc. Attn: Dennis M. Baker 250 S. Beechwood, Suite 120 Boise, Idaho 83709 With Copy to: Stephen A. Bradbury Williams Bradbury, PC 1015 West Hays Street Boise, ID 83702 or such other addresses and to such other persons as the parties may hereafter designate as provided herein. Any such notice shall be deemed delivered upon personal delivery twenty -four (24) hours after deposit with Federal Express or other reputable overnight delivery service, or three (3) days after deposit in the United States mail, if sent by mail pursuant to the foregoing. 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 Page I I of 15 K Planning thM E:ayk Applkmiom CPA 1002 CPA4 v' &-A,",' i RZ t- °i_ 61-7 _' da cc ver doe 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 financial guarantee of performance collected pursuant to Section 8.6 4this Development Agreement and Section 94 -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 AUeement: 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. Page 1.2 of Is 0 K. Planning Dept Eagk A{phralioos CPA 2002 CPA4.0? 4 A-03-024 U-5-02 MOD2 da m,ff doc IN WITNESS WHEREOF, the parties have executed this First Amended and Restated Development Agreement. DATED this day o X013. _, _ �°�' °yll, 90RArE' cj � 'V•dr. ATTEST: J B Sharon K. Bergmann, City Cler STATE OF IDAHO CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho James D. Reynoldg, Mayor DMB Investments, LLC, an Idaho limited Iiability company By: - Dennis M. Baker, President ss. County of Ada ) On this day of , 2013, before the undersigned notary public in and for the said state, personally appeared J. MES 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. written. IN WITNESS D O 4 , y Ge Z %� 4° ,c �t set my hand and s., I tl otary P da o Residing My CommiQV'� Expi res: day and year first above Page 13 of 15 K Ptannitq; Dept Eagle Applicatiom CPA 1002 CPA4 -02 k A -03.02 & RZ."2 MOD2 da = i u dec STATE OF IDAHO ) )Ss. County of Ada ) On this day of 2013, before me, the undersigned, a Notary Public in and for said State, personal Appeared DENNIS M. BAKER, known or identified to me to be the President of DMB Investments, LLC, the Idaho limited liability company that executed the «ithin and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company executed the same. IN WITNESS WHEl 4F, I have hereunto set my hand and affixed my official seal the day and year in this certificate fffl igye;!ktn. Q #OTAgr Notary Public fo Idaho Residing at }"� y My commission expires: a 7 ! of Page 14 of 15 K JUwing Dcpt Eagle ApV1"ions CPA _'(N)_ CPA4-0= & A -03.02 3 RZ "_ MOD2 da cc ver doc INDEX OF EXHIBI'T'S Al Concept Plan of Property A2 Concept Plan of Property A3 Concept Plan of Area D of Property B Legal Description of Property C Eagle City Code Section 8 -2 -3 `Official Schedule of District Regulations" D Location of Irrigation Water Deliveries E Design Guidelines F Commercial Design Guidelines G Termination Agreement and Mutual Release H - Development Agreement Affidavit Page 15 of 15 K Planning Dept Eagle Applications CPA 2002 CPA4-02 S A-03.02 & RZ -M2 MOM da R %a dot EXHIBIT ("Al") Lol a-, ��j fa ad N 4 tz v Exhibit "A2" g z � to ig ja hs--:009 J1 1-195 igll I Igo' 18 19 1 �ab'ao$$�_lsfs $$!s`d$ o5ls'��'o`So'$`�15$I��lSsr �[J f�NIC ��C✓{�N_� +�IG �f���Pi��'IQ - .Z�/f ~�r1WlVNt01�0��^ r avow 3-19Y3 a U U Z a w w 0 r. Ui LL: Tr 1 -4 LL E E 0 0 C-Al J, RIP ca LU MU Claibom I Vaitc ConsLd&, LLC 3550 E. Commerd'd Court Meridian, Idaho 81642 (208)794-6622 Fk• 68-1-8002 B.W., Inc. EXHIBIT "B" A PARCEL OF LAND LYING WITHIN THE NORTHWEST 11, SOUTHWEST' 4 AND SOUTHEAST !/4 OF SECTION 21, TOWNSHIP 4 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21; THENCE S 01 011' 40" W, ALONG THE WEST BOUNDARY OF SAID SECTION, A DISTANCE OF 2626.02 FEET TO THE WEST !.4 CORNER OF SAID SECTION, THE REAL POINT OF BEGINNING; THENCE N 01 °11'40" E, ALONG SAID WEST BOUNDARY LINE, A DISTANCE OF 944.75 FEET; THENCE LEAVING SAID WEST BOUNDARY LINE N 89'56'09 "E, A DISTANCE OF 339.67 FEET (FORMERLY DESCRIBED AS S 89 °57'00" W); THENCE N 04 054'52" E, A DISTANCE OF 174.27 FEET (FORMERLY DESCRIBED AS S 04 °53'20" W, 174.30'); THENCE S 70 059'34" E, A DISTANCE OF 256.40 FEET (FORMERLY DESCRIBED AS N 70 059'50" W, 256.50'); THENCE S 66052'17" E, A DISTANCE OF 91.84 FEET (FORMERLY DESCRIBED AS N 66 050'10" W, 91.80'); THENCE S 60 039'36" E, A DISTANCE OF 305.27 FEET (FORMERLY DESCRIBED AS N 60 °40'00" W, 305.20'); THENCE S 66 °44'35" E, A DISTANCE OF 229.62 FEET (FORMERLY DESCRIBED AS N 66043'10" W, 229.50'); THENCE S 77 024'34 "E, A DISTANCE OF 85.90 FEET (FORMERLY DESCRIBED AS N 77 025'20" W, 85.80'); THENCE N 70013'27" E, A DISTANCE OF 79.52 FEET (FORMERLY DESCRIBED AS S 70 018'30" W, 79.70'); THENCE N 37-20'1 7" E. A DISTANCE OF 427.10 FEET (FORMERLY DESCRIBED AS S 37 °18'30" W); THENCE S 83 °21'33" E, A DISTANCE OF 70.76 FEET (FORMERLY DESCRIBED AS N 83 °21'50" W, 70.80'); THENCE S 58 033'39" E, A DISTANCE OF 336.00 FEET (FORMERLY DESCRIBED AS N 58°31' 10" W); THENCE S 64 °34'35" E, A DISTANCE OF 189.65 FEET (FORMERLY DESCRIBED AS N 64 036'20" W, 189.50'); THENCE S 70058'11" E, A DISTANCE OF 169.70 FEET (FORMERLY DESCRIBED AS N 71 °00'30" W); THENCE S 82 027'06" E, A DISTANCE OF 122.18 FEET (FORMERLY DESCRIBED AS N 82022'10" W, 122.40'); THENCE N 80 012'03" E, A DISTANCE OF 132.57 FEET (FORMERLY DESCRIBED AS S 80 003'50" W, 132.50`); THENCE S 84 040'47" E, A DISTANCE OF 24.66 FEET; THENCE S 19 °58'21" W, A DISTANCE OF 862.67 FEET TO THE SOUTH BOUNDARY OF THE NORTHWEST ' /a OF SAID SECTION 21; THENCE S 89029'15" E, ALONG THE SOUTH BOUNDARY OF THE NORTHWEST '/4 OF SAID SECTION 21 (FORMERLY DESCRIBED AS S 89 °29'20" E) A DISTANCE OF 402.94 FEET TO THE CENTER' /. CORNER OF SAID SECTION 21; THENCE S 89 028'50" E ALONG THE NORTH BOUNDARY OF THE SOUTHEAST' /, OF SAID SECTION 21, A DISTANCE OF 151.99 FEET; THENCE S 00 °03'31" E, DISTANCE OF 1164.07 FEET; THENCE S 37 010'42 "E, A DISTANCE OF 955.90 FEET; THENCE S 22 004'38" E, A DISTANCE OF 466.57 FEET; THENCE N 73 004'22" W, A DISTANCE OF 65.15 FEET; THENCE N 80 034'50" W, A DISTANCE OF 307.24 FEET; THENCE N 8644356" W, A DISTANCE OF 227.99 FEET; 4 THENCE S 00419'31" W, A DISTANCE OF 84.42 FEET; THENCE 88 059'55" W, A DISTANCE OF 199.27 FEET; THENCE S 87 °18'46" W, A DISTANCE OF 201.30 FEET; THENCE N 89 027'30" W, A DISTANCE OF 90.00 FEET; THENCE S 00 028'42" W, A DISTANCE OF 294.28 FEET TO THE SOUTH BOUNDARY OF SAID SECTION 21; THENCE N 89 008'06" W, ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 135.09 FEET; THENCE LEAVING SAID SOUTH BOUNDARY, N 00 °40'03" E, A DISTANCE OF 619.71 FEET; THENCE N 67013'56" W, A DISTANCE OF 460.16 FEET; THENCE S 01 °03'41" W, A DISTANCE OF 70.94 FEET; THENCE N 78 °24'51" W, A DISTANCE OF 304.77 FEET; THENCE N 01 054'05" E, A DISTANCE OF 84.70 FEET; THENCE N 71 043'26" W, A DISTANCE OF 255.25 FEET; THENCE N 78 011'09" W, A DISTANCE OF 253.86 FEET; THENCE S 81 059'04" W, A DISTANCE OF 252.10 FEET; THENCE S 89 016'39" W, A DISTANCE OF 381.51 FEET; THENCE N 00 °01' 16" W, A DISTANCE OF 91.52 FEET; THENCE N 76 °51' I7" W, A DISTANCE OF 548.02 FEET TO THE EAST BOUNDARY LINE OF SAID SECTION 21, AND THE CENTERLINE OF EAGLE ROAD; THENCE N 00036'10" E, ALONG THE EAST BOUNDARY LINE OF SAID SECTION' 21, A DISTANCE OF 1502.01 FEET, TO THE REAL POINT OF BEGINNING, CONTAINING 183.40 ACRES OF LAND, MORE OR LESS. PREPARED BY: �� CLAIBORN l WAITE CONSULTING, LLC 4cezal TODD R. WAITE, P.L.S. , 4y J y 0 A OF Page 3 of 3 R. 41 Olt "° PL it PA "Z E1=LE -A1 'OOSSV 2? 23374d8 '0 J 311 - 11111n8U00 911DAK WOCHDP 1181HU 3Naz31 �j +Ifi te, 0�1 t gill � it � Ik de I Z O d' r� c11 �1 Q w Q J Q 0 y0S iAlf t� S '�N1II11111i1M1�1 OYO]I 31OV3 HISOH 5 I I I it I I a � IR It rW 0 i= 1r le x u 1 I I I 1 I F N CO 2 x w m N co m m U p L O o QCL J ' �U t7 WO a: a_ U Z [C — N LL CU Oo uj 7 0 ❑ O uU 2 ' U U cn _j Q N tL m Lt O� 0. m v+ cn F- 0 CO W cn ❑ Z a IL co N i CL Yc G in U co U N U r U U O J w _ Q ►O nt a a_ a- CL 4 rui u--A- U U UUU N m C 7 7 U CIL 0- a. C. C. C. a. a_ C- :. C. a_ C. CL C. a_ C. IL a. a_ 0-00 Q U M M U C. M C. a_ a- 0 U U U U U U U U C. U U u a_ U C. U U C. U U a- 0 L T CD ` C 6 m D m m �. p UGC v1 � ^ a L p cu Q d r. m p t O M X m m m c co C G tm m i > Ri or_— ° `�m ' a mm ym a p `m 3 m _j 'a E-0 m c a Q C Im = C m J D s "m Cu 1 ► — eG — LL E C m m T ¢ D V O W O G O a J l�tl U oC n m A . . 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Q o IL MMCL 000 EAU. � �. d m IL CL (L CL 000 . c \ �\ CL (L IL a 0 0 0 6 G m C � � �q G O a- C-) 000 /q .� o QQ 000 %% LU� o ooO // C wO 7: o oQQ qk � « 0 00 \� ktd LO o c cc ? o g 2 Lo u LO 7 G),a S, �2 M ID � g5 = J= m o %& 20 q 2 f� 2 2 E e f /q k\2k�.� -0 J0 �2 � m� fo c- 2 2 » = -�t� oCe@c coo c Sm 2 m « ■ 2 _ - ° tm ? =�- �0 -2 §§ 2 §■ e m LUE2 =�m� E= q �_ N c= e o a CL C 'a =aCD� o _ m© G�2���§�¢k§ 0 �� 0 CD >, o e E o OL - 0 m §2 ka° E ° _ _ � »` Como %e » -° »�� v te a -ten k f�=cGU)V) io00 p� a m W 2 h Z a J 1:1 m m J J_ B3 z a } It w J w Q iJ H Z O a } J w U H O C7 Z IL U) CY Q J J_ W Q H 0 Cf © p U} Z O 0 2 a LLj O J IL Z m 2 O 0 2 Q 3: 68(5(5 h Z a J 1:1 m m J J_ B3 z a } It w J w Q iJ H Z O a } J w EXHIBIT E LAKEMOOR SITE DEVELOPMENT ARCffiTECTUR.AL ?1ND LANDSCAPING DESIGN GUIDELINES The design guidelines, as set forth «within, are provided to guide and direct the, site layout. architectural style and landscaping elements of the Lakemoor development. The commercial elements of this project fall within the design review regulations set forth in Eagle City Code. Administration of Design Guidelines The property developer and/or architectural control committee «will have design review responsibilities for all site development, landscape and architectural components. This review and approval process will occur by the developer and/or the architectural control committee prior to being forwarded to the City of Eagle for its review as part of any required land use, building, or design review application. General Applicability All development within the Lakemoor property including but not limited to commercial, office, multifamily, and residential portions of the project is subject to these Guidelines. They shall be consistent with those set forth in Eagle City Code, the Comprehensive flan, and other applicable requirements set forth by the City of Eagle. In case of conflict, the 'higher standard' interpretation shall prevail. • Flexibili : These guidelines are intended to depict the general nature of the architectural character while allowing sufficient flexibility for development to accommodate the evolving market, remain economically viable, support the purpose and goals of the City of Eagle, and respond to site and other conditions as necessary while keeping within the desired character of the project to the extent possible. Design Intent The intent of the Design Guidelines is to provide a harmonious and integrated development of commercial and residential buildings sharing common streets, pathways, natural features, and open spaces. The general theme of Lakemoor Is to emphasize traditional architectural styles and building materials. The architectural character for ne ,-N- buildings can be achieved by proper use of traditional elements such as sloping roofs, Page 1 of 19 t .C�-,cuments and Settings mwilkams\Local Settings Tcmporary Internet Fiics.O K361Exhibil E (clean 6- 211 -07) doc dormers, parapets, cornices, windw- %- and door styles, and attention to correctly executed details which have and will continue to stand the test of time. Scale. proportion, style and color of all buildings as they relate to each other and the open area around them is important and necessary- to establish and maintain a strong sense of community. Submittals All site development within the Lakemoor project area shall conform to the current zoning and development guidelines established by the City of Eagle and which will be supplemented by the project area covenants, conditions, and restrictions. All development applications submitted to the City of Eagle Design Review Board for landscape design, site design, and architectural design shall be in accordance with those described in the Eagle City Code. Maintenance All parcel(s) within the Lakemoor project area shall be maintained in accordance with those provisions set forth in its covenants, conditions, and restrictions (CC &R's). Page 2 of 19 C \Documents and Settings\tnwilliamslLocal Settings "Tcrnporary Internet Files1OLK36`Zxhibit E (dean 6- 20 -07) doc SITE DEVELOPMENT DESIGN GU- IDELrNTS General The term Site Development as used in this section, refers to the siting of structures and the placement of related improvements on individual parcels within the Lakemoor project. This includes but is not limited to roadways, boulevards, parking lots, service areas, .valk%vays and pathways, signs or identification structures, and lighting. Site Development Theme The site development theme for Lakemoor xvill promote and preserve existing natural features such as Joplin Creek, located along the southerly boundary of the property, and the tree lined wetlands along the northerly property line. Open space corridors mill be created to highlight mountain vistas Iake vies and streamside settings. Parking lots will be landscaped to minimize visual impacts, with undulating berms to buffer and screen automobiles. Pedestrian ways will be provided to promote alternative methods of travel and shall inter - connect all areas and uses to each other. Design Objectives The site development design guidelines for individual parcels reflect several important goals: to strengthen the area's identity and create a unique and aesthetically pleasing environment that will draw the neighborhood together. To accomplish this goal the following objectives are provided • To create a development area that is visually distinctive and memorable to its users and residents. • To encourage the design of buildings and exterior spaces in the area to be of an overall high quality and appropriate character yet diverse enough to reflect a variety of expression and creativity_. • To create pedestrian scale in the design of streets, parking areas, buildings and spaces between buildings. Page 3 or I4 C1Documents and SettingskmwitliamsUcal Settings.Tempornry Internet Files OLK36Txhibit E (clean 6- 20- 07).doc SITE GRADING Each parcel is to be graded and/or contoured in such a fashion that all storm - water positively drains away from all buildings and structures into adjacent and interconnected landscaped bio- filtered drainage s%�,-ales. These swales are to be landscaped with native wetland plant material commonly found within the local Boise River riparian system. Design Standards for 4 -Lane or 3 -Lane Collectors The following standards apply to all four -lane and /or three -lane major and minor collectors in the retail and office areas or as otherwise required by the Ada County Highway District (ACRD). - All crosswalks are 10 feet wide. - All crosswalks are handicapped accessible. A drop curb is required at corners to facilitate wheelchairs and strollers. - The pedestrian pathway is separated from the street by a min. five (5) foot wide planting strip. The following standards apply to collector and local streets in the residential areas in accordance to Ada County Highway District Standards. Appropriate signage shall be installed. ACRD. approved dimensions J - % Res. Lot (2)- travel lanes, and parallel i Res. Lot parking on one side min. Planting Stnp 5 min Planting Sfin'p 5 Walkway 5' Walkway Section At Residential Area Page 4 of 19 C \Documents and Settingstmwilhams\Local 5ertings'rempornry Internet t=iles- ALK36Txhibit E (clean 6- 20- 07).doc • The typical roadw ay allows twin travel lanes and one parallel parking lane. - On each side of street are five (5) foot sidexvalltis. • All crosswalks are handicapped accessible. A dropped curb is at all corners to facilitate wheelchairs and strollers. Collector Width Requirements Recommended colleceor width requirements for 4 -lane and 3 -lane collectors within the Lakemoor project include: • 4 -Lane Collector: The entry roadway off of Eagle Road has four travel lanes, a central continual landscaped divider lane, two bike lanes, a min. 5) foot wide planting strip on both sides, and a 5 foot wide sidewalk on both sides. The right of way width is 100 feet_ At busy intersections additional width may be required to accommodate additional left or right turn lanes. i ° AGHD ax�oved dmeruiors Crave lam. Gee fare t Landscape 12}•travel lanes Eltt lane r Central Sam PEantinQ Sup � i S met P1anUq Strip 5 Meamereg walkway —S Meswereq Wakway Section At Signalized Entry at Eagle Road • 3 -Lane Collector: The roadway through the commercial areas has tNro travel lanes, a central continual turning lane, a 5 foot separated pedesirian path on each side and a min. five (5) foot planting strip on both sides. The minimum right of way width is 56 feet. At busy intersections additional width may be required to accommodate additional left or right turn lanes. Page 5 of 19 C Documents and SattingslmwiRiamsUcal Settings-.Temporary lntemet Fdes'-0LK361Exhibit E (clean 6- 20 -07) doc { j ACRa aevoved dscerscns ' l2] -ravel Tares tun fare. take late Late :ease Laresca;e S mat parts+q Str p Smut t= tarts S:ra 5''wlearderrV Wakway 5 Mearecnry WaMIM Entryways to Individual Development Sites Acres. d=+t 1 � Axa an S� P ' WMI kam Wks lard 11 11 Larescape S ft ftntN 5trp A S rm Pan irp S Meendoft Wakway 5 McWle -.np Walkway Section at Sign in Residential Area Within the framework set forth in the architectural guidelines related to materials, colors, etc., encourage individual expression at entryways by allowing freestanding structures which incorporate signing, lighting, and landscaping and which enhance the visual identity from the street. The purpose of this guideline is to create a sense of arrival and should be oriented to both pedestrian and automobile. The design of entryways should al,�cays relate to the design of other buildings in the development parcel in terms of materials, scale, and color. • Signs identifying the names of tenants or buildings may be incorporated into the entry. • Entryway designs should integrate signage in a way that respects the architectural design integrity of the entryway. Page 6 of 19 C Documents and 5ettingslmwdliamslLoca! settings,Temporary Internet Files -.OLKWExhibil E (clean 6- 20.47) doe Signs are permitted on any entryway face. • Entryway signs may be placed on the property line without a setback requirement, provided that views of traffic are not obstructed as per current City of Eagle Standards. • Street trees shall not be located in front of entry -nay signs. Trees In Parking Lots -Frees in parking lots are required to create smaller and friendlier spaces for people. to maximize the positive environmental effects that trees provide, and to reduce the impact of solar gain on cars and buildings. • Landscape planting area requirements for parking lot,, will b` as described in the Eagle City Code. • Provide medium sized trees within the parking lot at the density described in the Eagle City Code. • Use trees to make smaller human - scaled spaces within parking lots and to soften the overall appearance of larger parking lot areas. • Locate the trees to allow for frame visibility of entries, signage, and to provide overall appropriate visibility for retail businesses. Section at Retail Area Parking Lot Page 7 or 19 C \Documents and Settingslmwilliams °Local 5ettings'.'remporary Internet Files1OLK361Exhibit E (clean 6.20- 07).doc • Use a species of tree that will permit initial limbing of seven (7) feet. Prune trees regularly to achieve an ultimate minimum limb height of 12 feet. • Protect trees from overhanging bumpers with concrete curbs and allow for a minimum of three (3) feet between the curb and the center of the tree trunk. Parldng Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be aroided because of potential security and safety problems. Minimum screen height is to be three feet or as described in the Eagle City Code. This enables people to see out and be seen from the street and cars. • Parking lot screens may be made of all plant material or a combination of earth berms and supplementary plant material. • Designs for wall screens shall material to visually soften the wall. masonry, or concrete. include some low foundation plant Walls may be constructed of wood. * A minimum height of 36 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. Drive -up service - Orientation and Screening Visually screen drive thru lanes from view along public streets. - When feasible, orient the drive thin lane to be perpendicular to public streets. This will reduce any possible confusion created from headlight glare into oncoming traffic. • Screening may be accomplished using plant material or a combination of low walls or earth berms and supplementary plant material. • Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of stone /cultured stone, masonry, or concrete. Walls shall be generally sight- obscuring. Page B of 19 C 1Documents and settingslmwtlliams\Local 5ettinpTemporary Internet Files.oLK361Exhtbtt E (clean 6- 20 -07) doc • A minimum height of 36 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum Freight of four (4 feet to permit visual surveillance to and from the street. Service Area Screening Visuallv soften and screen all service functions within the retail and office, portions of the development from public views. (See architectural guidelines.) • Screen dumpsters and recycling bins from public view- with plant material or with a combination of screen walls and plant material. All walls should be constructed of durable materials able to withstand normal use. The screen walls are to incorporate the same material as used in adjacent building structures. - The height of plant materials and walls should be equal to the height of the dumpster and ? or recycling Erin unit at the time of installation. • Visually separate loading dock areas from public view with landscaping or walls and landscaping. Walkways and Pathways An interconnected walkway and path system that .%-III connect various development sites within the Lakemoor project area, • Provide one or more walkways, which directly link the pedestrian entrances Lif businesses within the retail and office development to the public pathways. Design Standards for Street Lights • Use shielded type fixtures to minimize problems of glare. • All streets, courts, cul -de -sacs, and parking lots are to be illuminated. Walkway and Pathway Lighting Provide lighting along all walkways and pathways located in non - residential areas of Lakemoor. - Avoid dark spots and abrupt changes in light levels. • Select fixtures to be harmonious with the design of the development. PagC 9 01`19 C \Documents and Settings\rnw ill iams\Local Settmgs"Temporary Intemet Files1O1.1{36\Exhihit E (clean 6- 20 -07) doc C) Site and Landscape Lighting Create site and landscape lighting to promote safety, security and visual attractiveness. • Use fixtures with indirect light sources (i.e., concealed from the users' line of sight) such as ground mounted lights or foliage lights. • Avoid creating dark spots which invite crime. • Help mitigate the effects of night blindness by avoiding any sudden changes in light levels. • Use site and landscape lighting as a means to harmonize the building and the site and landscape areas. • Metal Halide lighting will be used to illuminate water features entryway and monument signage and architecture. Parking Lot Lighting Create parking lot lighting which promotes a sense of safety, security and X"'hich is visually attractive. • Use shielded type fixtures to minimize problems of glare. - Avoid dark spots and abrupt changes in light levels. • Select fixtures to be harmonious with the design of the development. - A variety of historic style light fixtures will be used. "Shoe Box" style fixtures are prohibited. • Metal Halide lighting is prohibited. Page 10 of 14 C \Documents and Settinps mwilliamALocal Settings Temporary [ntemel Files oLKWExhibit E (clean 6- 20 -07) doc ARCHITECTURAL DESIGN GUIDELINES - Y. all ,r... 'RIO General 0 The term architectural design as used in this section refers to the design of all buildings on individual parcels within the Lakemoor project including but not limited to commercial, office, multi- family and residential projects. Architectural styling will express timeless designs of enduring quality. Page 11 of 19 C 1Documcnts and Settingslmwilliams\Locai Settings ',Temporary intemet Files %OLK361C•xhibit E (clean 6- 20- 07) doc Design Objectives The following architectural design objectives generally apply to all building types within the Lakemoor project including but not limited to commercial, office, multifamily, and residential portions of the project. Together these architectural objectives constitute the core design guidelines for the buildings. • Mass and Proportion: Buildings shall be of a scale and proportion that relates well to adjacent buildings without dominating, overwhelming or appearing insubstantial in relationship. Long ,valls shall be relieved with offsets, bays, projections or other architectural features. - Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use x ithout intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. • Roofs and Roofing: Sloping roofs such as gables and hips are required on all buildings. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. * Windows: Windows shall be in proportion with the building facade and individual glazing panes shall not be over - sized. Horizontal mullions as well as vertical dividers are encouraged. Styles shall be historically consistent with the architectural character of the building. Multiple - arched, round, sloping head and other 'trendy' window styles are inappropriate. Shading shall be achieved with awnings, canopies, overhangs and other architectural elements. Where needed, tinted and colored glazing shall be allowed, as %% -ell as interior shading films. Awnings shall be simple and of traditional materials - lighted vinyl awnings are inappropriate. • Materials: Larger and high bay buildings shall be constructed of high quality, substantial, well- wearing materials: Brick or concrete masonry, concrete, stucco or EIFS (exterior insulated finish systems), or natural and synthetic stone, with proper detailing. Careful attention to detail must be made to avoid a monotonous, bland, or flat appearance. Proper lighting may be key to enhance materials and relief on large -scale facades. Smaller and low bay buildings are encouraged to use similar materials as well as simulated wood sidings - horizontal or vertical boards, boards or plywood with battens, and shingles. Page 12 of 14 C:13GCumcnts and SettingslmwilliamslLocal Settftg%Temporary ]ntcmct Filc.,W�LKIAExhibit E (clean 6- 20- 07).doc Natural or synthetic stone is encouraged and shall be used as walls. v ainscots, bulkheads, columns or plinths. Appropriate combinations of materials to modify scale and add visual interest should be considered. • Architectural Elements: On high Flay or multiple story buildings, smaller scale features such as arcades, trellises, or canopies, as well as one story elements, shall be used to provide pedestrian scale. Attention to detail is encouraged and shall be proportional to the facade with the caution that elements used for only decorative purposes are discouraged, especially %%-hen appearing out -of -place on larger walls. • Color: Large walls shall be of light to medium values - « -hite, bright hues, and decorative painting are discouraged. Moderate changes in value and color used to decrease apparent scale and mass are acceptable. Brighter colors shall be used in limited areas Building Design Guidelines/ Commercial In addition to the general architectural design guidelines, the following items apply to office buildings, and retail uses within Lakemoor. • Character: Buildings shall be visually consistent with adjacent buildings and reflect their designated use without intentionally copying materials, details and colors except where it is an advantage to do so, such as canopies, trellises and elements that help define several structures as part of an intended group. Page 13 of 19 C 1Documcnts and settingslmwilliamALacal Settingffemporary Internet Fi1cs'- 0LK361Exhibit E (clean 6- 20 -07) doc - Roofs and Roofing: Sloping roofs such as gables and hips are required on all buildings. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, wood shingles or shakes, flat concrete tiles, or metal with standing or batten/rib seams. - Windows: All openings shall appear as individual 'punched' windov,s, or groups of openings, in lieu of ribbon tiNindows or storefronts, except at building entries. All windows shall have solid bulkheads between the sill and adjacent ground or paving surface except at entry sidelights. • Relationship to parking: Main entries shall be easily visible and distinguishable from adjacent parking areas through the use of architectural elements. Pedestrian friendly crosswalks, trellises, canopies, landscaped buffers and the like shall be incorporated. • Equipment, Loading and Service Concealment: Mechanical and electrical equipment shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. Service and delivery access, refuse and recycling containers, and the like shall be located as much as possible away from pedestrian areas and substantially concealed with the same or compatible materials of construction as the building. •' '.'..? OEM Pr a m an S SEEN Raoul Ross' r - Color: Walls shall be of light to medium values - decorative painting is discouraged. Moderate changes in value and color are acceptable. Brighter colors shall be used in limited areas. Page 14 of 19 C Documents and Setttngslmwilliams\Local Settings Temporary Internet Files'.OLh36\Exhihit is (clean 6- 20 -07) doc Building Design Guidelines /Senior Housing/Multifamily Residential In addition to the general architectural design guidelines, the follow -ing items apply to multifamily projects. Garages and Carports: Enclosed garages attached to or separated from the building shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be giti-en to the location of garages and carports to diminish the risual appearance of the doors. Garage doors shall be kept to minimum sizes and shall not be oN -er- sq led v6th arches, «indows and decorative panels. Carports shall be scaled to not appear as being insubstantial or temporary. - Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windo« s. louvers and vents are encouraged on large expanses of roof, and parapets, cornices and other detailing is desirable. Windows: All openings shall appear as individual 'punched' windo«s, or groups of openings. Horizontal as well as x ertical mullions arc encouraged to reinforce residential scale- • Architectural Elements: Fireplace chimneys and enclosures are desirable. Porches, decks -%N 3th railings, columns. cornices, detailed chimney tops, short fences, gates, and appropriately designed entries are encouraged. • Parking, Open Space and Pathway Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be multiple pedestrian and bicycle access ways to the path and street system. Building Design Guidelines/ Residential .j_. .4 .x • ___ _ _ _ - .+ 7 - .�� -? -++f ��_r�� ' ^ _` � �_ � Y- `� -• �-. � Lam.- ..�� -. J � �� _ � 1- _ • . �. r s ��' 1_ �� ,mss - • e� -_ _: I Mal may . ii-IL +: J .Jf.l �• ywr: 'I' .. �. Page 15 or 19 C Documents and Setvnps rnwilhamslLocal Srnings"Temporary Internet Fi1esl0LK361Exhihit E (clean 6- 20 -07) doc In addition to the general architectural design guidelines, the following items apply to all residential projects. 4 • Mass and Proportion: Houses shall be of a scale and proportion that relates well to adjacent houses without dominating, overwhelming or appearing insubstantial in relationship. • Character and Style: Houses shall be visually consistent with adjacent houses and reflect residential use without intentionally copying materials, details and colors except where it may be an advantage to do so, such as fences, exterior lighting, paving materials and elements that help define an integrated community. Facades shall not be over -styled with inappropriate decorative elements lacking respect for traditional precedent. - Garages: Enclosed garages attached to or separated from the house shall be of the same architectural character and materials, and painted with compatible colors. Consideration should be given to setting garages back from the front of the house to diminish the visual appearance of the doors. - Roofs and Roofing: Sloping roofs such as gables and hips are required. Dormers for windows, louvers and vents are encouraged on larger roofs, and parapets, cornices and other detailing is desirable. Materials for sloping roofs should be appropriate to the scale of the building and can be asphalt or composition shingles that do not simulate other materials, `Food shingles or shakes, and flat concrete tiles. • Windows: Individual and groups of vindows shall be in proportion with the house facade and individual - glazing panes shall not be over - sized. Horizontal mullions as «ell as vertical dividers are encouraged to reinforce residential scale. Shading shall be achieved with approved awnings, canopies, overhangs and other architectural elements; tinted or colored glazing and interior shading films are allowed where appropriate. Trim, dormers, shutters and appropriate detailing are desirable. Fully arched windows are discouraged except when historically compatible with the architectural style. Multiple- arched, over -sized round, sloping head and other 'trendy' v.-indow styles are inappropriate. • Materials: Buildings shall to be constructed of high quality, substantial, well- wearing materials: Brick, stucco, wood or composition sidings - horizontal or vertical boards, boards or plywood with battens, shingles, or EIFS (exterior insulation and finish systems) with proper detailing. Natural and synthetic stone is encouraged and shall be used as walls, wainscots, chimneys, columns or plinths. Appropriate combinations of materials to modify scale and add visual interest should be considered. Page 16 or 19 C \Documents and scttings-.mwd1iams\Loca1 Settings Temporary Internet Fi1cs %OLK361Exhihi1 E (clean 6- 20- 07).doc • Architectural Elements: Attention to detail is encouraged and shall be proportional to the facade with the caution that non - traditional elements used for only decorative purposes are discouraged. Fireplace chimneys and enclosures are desirable. Porches, decks with railings, columns, cornices. detailed chimney tops, and appropriately designed entries are encouraged. Fences shall be designed to enhance visibility and shall not be tall, solid barriers that negate the feeling of neighborhood. Fences shall not dominate corner lots or long side yards. • Parking, Open Space and Pathway Access: Parking for residents and guests shall be conveniently located. Open spaces for landscaping, decks, terraces and visual relief shall be considered. There shall be pedestrian and bicycle access to the path and street system. • Entry Walks and Drives: Driveway widths shall be kept to a minimum at the curb line and ~Widen as necessary within the property. Walks shall be appropriately scaled. Brick and stone pavers, or patterned concrete is encouraged for walks and drives. LANDSCAPE DESIGN GUIDELINES PUBLIC RIGHTS OF WAY Design Objectives The design guidelines for public rights of way reflect several important goals; to strengthen the area's identity, to create a pleasant pedestrian environment, and too achieve an efficient and safe traffic flow. From these goals a number of objectives explain the purpose of the recommended design guidelines. • To establish consistency in the design of streets within the hakemoor project area. • To create a strong visual framework through street design «which unifies the project and which provides the background for individual expression in the design of specific project areas and parcels. • To, create strectscapes which are visually distinctive and memorable to users and residents of the project and thus strengthen the identity of the site within the context of the City of Eagle. • To, increase edestrian accessibility. safe !y. and comfort throughout the project. Page 17 of 19 t: °: 3ccuments and 5emngsltnwilliams\Local senmgs'Tcrnporary Internet Filcs,.0LK361Exhibit E (clean 6- 20.07) doe Landscape Standards For 4 -Lane or 3 -Lane Collectors AC1• a dm L ALBS) aril travel lane, bale " Laracamd [ravel tans. hlke lane landscaped Se'back U. pe S mh Panting Strip Centro Island 5 min Planft Strip is residentW lots V Meardwv walkway 5 MeanderN Wakway Large canopy trees are placed at approximately 35 foot intervals within the curbside planting strip. At street and driveway intersections trees are located with respect given to A.C.H.D. clear vision standards. - All street trees have a minimum four (3) inch caliper and are limbed to a minimum height of 8 feet at the time of installation. - The property owner fronting the street provides a minimum of five (5) feet of planting between the edge of the pedestrian path and edge of any site development (parking lot screens. landscaped areas, etc.) except at entryways where design flexibility is required. Pedestrian crosswalks, which cross four -lane streets or any other exceptional heavily traveled street, have 10 foot wide crosswalks defined by a pair of 12 inch painted lines. Landscape Standards for Collector and Local Streets The purpose of the street tree standard is to provide a clear basis for selecting the appropriate type of tree for each street in the Lakemoor project. The visual importance of street trees is critical to the identity of the area. Street trees bring visual order by providing a unifying element to allow individual expression to distinctly occur. - Medium -size canopy trees are placed at approximately 35 foot intervals between the curb and sidewalk. - All trees and associated groundcovers or Iawn areas are to be irrigated with underground, automatic systems. Page 18 of 19 C Documents and Settingslmwilliams\Local Settings Temporary Internet Files1OLK361Exhibit E (clean 6- 20 -07) doc k 1 11i Ilu � AC1• a dm L ALBS) aril travel lane, bale " Laracamd [ravel tans. hlke lane landscaped Se'back U. pe S mh Panting Strip Centro Island 5 min Planft Strip is residentW lots V Meardwv walkway 5 MeanderN Wakway Large canopy trees are placed at approximately 35 foot intervals within the curbside planting strip. At street and driveway intersections trees are located with respect given to A.C.H.D. clear vision standards. - All street trees have a minimum four (3) inch caliper and are limbed to a minimum height of 8 feet at the time of installation. - The property owner fronting the street provides a minimum of five (5) feet of planting between the edge of the pedestrian path and edge of any site development (parking lot screens. landscaped areas, etc.) except at entryways where design flexibility is required. Pedestrian crosswalks, which cross four -lane streets or any other exceptional heavily traveled street, have 10 foot wide crosswalks defined by a pair of 12 inch painted lines. Landscape Standards for Collector and Local Streets The purpose of the street tree standard is to provide a clear basis for selecting the appropriate type of tree for each street in the Lakemoor project. The visual importance of street trees is critical to the identity of the area. Street trees bring visual order by providing a unifying element to allow individual expression to distinctly occur. - Medium -size canopy trees are placed at approximately 35 foot intervals between the curb and sidewalk. - All trees and associated groundcovers or Iawn areas are to be irrigated with underground, automatic systems. Page 18 of 19 C Documents and Settingslmwilliams\Local Settings Temporary Internet Files1OLK361Exhibit E (clean 6- 20 -07) doc • All street trees have a minimum three (3) inch caliper and are limbed to a minimum height of 7 feet at the time of installation. • The property owner fronting the street provides a min, of five (5) feet of lawn or groundcover bet«'een the edge of the sidewalk and edge of an} site development (parking lot screens, shrub landscaped areas. etc.). • The abutting property owner is responsible for maintaining the improvements within the public right of way from the property line to the edge of the curb. This includes street trees, groundcover areas, irrigation and sidewalks. • The entrances to the residential areas are to be defined .Nith a raised feature planted island and identification sign. Plant Material The use of semi - mature plant materials is important to establish the character of the development. The use of more mature plant material allows for more immediate enjoyment and provides a more finished look to the development. At a minimum the size at time of planting should be that «hich is set forth in the Eagle City Code. Native Vegetation Make extensive use of native plant material (trees, shrubs, and groundcovers) in the design of landscape areas. Non - native ornamental plant material can be used to expand the creative palette of the landscape designer provided the plants are hearty and compatible in character xith native material. • Retain as many existing trees as possible with calipers of four inches or greater. Retain understory vegetation to support Nvildlife habitat. • Add trees to groups of existing trees to visually expand and enhance the presence of the native plant environment. • Include sufficient evergreen plant material within the development to, create a year -round foliage effect. Possible locations include: service areas along borders with residential areas, along blank walls, and on parking islands. Page 19 of 19 C. `Documents and Settingslmwilhams'i,ocal SettingsUemporary Internet F3lcs1OLK3611 xhibit E (clean 6.20- 07)..doc Exhibit F Design Guidelines Commercial (Areas D & E) Introduction It is the goal of Poag and McEwen to bring a high level of retailing and architectural sophistication to The Shops at Lakemoor. It is their desire to make this project an urban landmark that will not only encourage the residents of Eagle to remain in the community, but will also attract people from neighboring areas. In addition to shopping. this Center is intended to offer dining and entertainment in a friendly and engaging environment. It will serve as a catalyst of activity where people of all ages and gender will be able to interact with one another reinforraing the sense of belonging in the community. Guidelines Objectives The goal of these Architectural Design Guidelines is to establish minimum quality standards for the -icement, arrangement. materials and style of the .ements that will form the built environment. These guidelines are not intended to prescribe am_ one particular design solution but rather to set an overall framework -,-,here a variety of creative solutions can coexist in a pleasant and harmonic setting. Design Philosophy Sense of Place The design philosophy for the project is to create a safe, exciting, friendly, and visually stimulating environment that becomes a center of social activity for the community. It is intended to convey an inviting sense of elegance, exclusivity, and sophistication. The design and placement of the buildings and public spaces will be arranged and choreographed into an eclectic and visually stimulating composition. This arrangement shall elicit a positive emotional 3ponse defined as "sense of place." Sense of place means a setting that fast feels right. Sense of place is achieved when the space meets the following characteristics: • Sense of order • Sense of scale • Sense of mystery • Sense of enclosure • Sense of honesty • Sense of style Sense of Order The Shops at Lakemoor will ha,, e a clearly defined layout that will provide a sense of orientation and order. It will be inviting and comfortable and provide users with a sense of familiarity and security. The heart of the project, located at the center of the main vehicular dri-,e, will offer congregational opportunities and it will be clearly defined by the positioning of significant buildings. This space will be connected by a network of sidewalks and -,ehicular drives which «ill be visualh stimulating and pro-, ide a memorable experience for the users. In addition to these links, there will be a paseo that will provide convenient pedestrian flo%-, between the shops and the parking areas located at the periphery of the Center. Sense of Scale Relation to hiunan scale Clear understanding of proportions and relationships Appropriate placement and dimensioning of elements The sizing of public spaces and the dimensioning of buildings, as well as the relationships in between them %rill carefully respond to the human scale. It will be important that the spaces generated by the layout of the Center provide a variety of experiences for the users. Spaces that transition from narrow to wide and open create dramatic effects that enhance the quality of the setting. Architectural elements that are tall in nature create a visually stimulating composition when they are positioned against low and horizontal backgrounds, Exhibit F Design Guidelines Commercial (Areas D & E) Some non occupied architectural features may exceed 40' in height to create focal destinations such as but not limited to: cupolas. finials, roof - ridge line. roof peaks and to-viers. Sense of Mystery Development of a plot i Choreographing of elements • Sequencing varlet}' of experiences The project layout and architectural treatment of the buildings «will promote exploration and disco-, ery. The properly choreographed placement of architecturally significant elements and public areas v, ill stimulate the desire to stroll around and get acquainted with the Variety of experiences offered bN the Center. Sense of Enclosure • Space containment • Sense of being, i innersed in a unique environment • Sense of security For the space to encourage personal interaction. be comfortable and safe, it is essential that there is containment and definition of its boundaries. The establishment of limits meets a basic human need, The definition of the space will occur at N arious levels, from street edges defined by the large buildings to intimate spaces defined by umbrellas and canopies. Sense of Honesty • Material selections (natural vs. faux or artificial) • Architectural credibility The architectural forms as , %vell as the materials selected for the project must be perceived as natural and authentic in the areas that are in close contact ith the public. This is especially true at sidewalks and areas of facades from the ground up to 8.15 feet high. 2 Am architectural style could potentially fit within the composition of the Center as long as the proportions. colors. and mat�zials are consistent with that particular vocabulary. Sense of Style The architectural treatment of the buildings dill be eclectic in character. To diminish visual fatigue and to create a rich and N isuall-, stimulating environment the Center Nvill promote the co- existence of traditional contemporary and transitional steles in a harmonic composition. Good taste. indiv idualistic expression. and appropriate building articulation ,Hill be more important than strict enforcement of any particular st le. Zone of Direct Interaction Adding another dimension to the architectural elements. signage and enN ironmental graphics w be instrumental in establishing the character and identity of the design. Since the east majority of the pedestrian movement occurs on the sidewalks. the interaction «ith the spaces and therefore the perception of the quality of the environment is stronger in that area. Design Categories In order to better identify the specific intent for all of the components that potentially will be part of The Shops at Lakemoor, these guidelines have been divided into design categories associated with the different ty pe of tenants, The follo%Ning is a list of such categories: • Anchor tenants • Specialty shops • Restaurants • Sets -ice areas Exhibit F Design Guidelines Commercial (Areas D & E) Anchor Tenants Large format retail can be defined as anchor stares having prototype architecture on a regional or national basis. For the purpose of this document they will be defined as Tenants of 20.000 SF or larger. The design criteria outlined herein is intended to provide design standards for large footprint buildings that need to be assimilated within the context of the center without detracting from the scale, connectivity. traffic patterns, n alk -- ability and image of the project. • Facades shall be articulated to reduce arry inassire scale or impe'r'sonal appearance_ • Bulilclings shall grave architectural features and patterns that provide visual interest. • Kariation in r•ooflines is encouraged. • Entryiray design elements shall give orientation and be aesthetically pleasing, + Canopies or other heather protection elements will be recommended at main entrances to articulate the design features of the fa4ade. • Buildings may be tiro store based on need and use r•equirenrents but can not exceed 50' in height. Specialty Shops Smaller retail and sen-ice- oriented establishments shall enhance the Center's identity, and proti-ide the core of shopping actin ity to the public. Their presence shall give a friendly and intimate appearance to the composition. Window displays should contribute to the visual enhancement of exterior facades. The design includes the following: Appropriately scaled entr3•tt ay features including windows, doors, portals, arcades. recesses, and overhanging projections. Storefronts shall provided substantial transparency from grade to 10 feet high between piers. ■ Large expanses of blank galls are unacceptable. ■ Fagade materials shall be aestherically pleasing and compatible with materials and colors used tiv mahout the project. ■ All roof equipment must be concealed fi-onr the public Weir. The parapet height for a one -story building- shall be at a mininnan to appropriately screen roof equipment. The use of E.I. F. S or easily damaged materials shall be discouraged beloir bjoot above grade. Restaurants Restaurants are an important component of the fabric of the Center. They provide indoor and outdoor activity and help activate the public realm enhancing the sense of place. • Protoope identityfor established restaurants it-ill be embraced. • Service areas and rear facades shall be properly designed to maintain i•isual qualit},. • Outdoor seating areas and patios are permitted and shall be encou raged • Unusual exhaust and mechanical apparatus shall be carefully incorporated into the architecture of the buildings. • Buildings may be hro store based on need and use requirements but can not exceed 50' in height Service Area • Service Courts will be treated u th E I.F.S., painted CAM, or decorative CAIU integrall}- colored to complement the Center palette. • Where portions of the service court irall(s) are exposed, additional enhancements brill be incorporated that are consistent with the requirements for building facades. • All rooftop HVAC equipment }rill be screened from public vieir. Exhibit F Design Guidelines Commercial (Areas D & E) 0 Service Area — (continued) • Ckn, or colored concrete roof tiles • .� Dinzer ?sional asphalt shingle roofing • degzrate tzn•rzing radii far tr•zrcks� to • Standing seam metal roof rrg circulate tiritlrirz the development it ill be • Synthetic slate roof provided. • Painted C.11 U. (mainly for service areas) Materials The selections of materials for The Shops at Lakemoor ,sill be e%aluated on their capacity to perform under anticipated weather conditions and also by their visual appearance as ,Nell as ability to create the desired architectural effect. As a general rule, the materials that are in close contact with the public (side%s alks and the first eight feet of fagade treatment) will be durable and con,%-e,, a sense of naturalness and authenticity. The following is a suggested list of acceptable materials for the facades exposed to vieNN : • Face brick a Smooth fare. integrally colored concrc're rnasonrY units (used mainly as fences screen walls t}pzcal) ■ Smooth face concrete masonry units Fluted or split face, integr•all y colored concrete masonry waits • Flitted or split face concrete masomy units • Ouik Brik, Design Br•ik (C. -I i=f. that simulates brick) • Glass block • Poured, Pre -cast, and colored decorative concrete • Poured concrete • Cast stone and limestone • Simulated cultured stone • E.1F S and Stztcco • Stained wood • Glass (clear, colored, sand blasted, etched, etc.) • Storefront (aluminum, wood, steel, etc,) • Metal panels • Decorative metals • Curtain gall • Brick pavers, stamped and/or ceramic tile 4 Colors The oN erall color palette for the center will be «arm and earthy" in character. The majority of the buildings coloration will have a bias towards the ambers. tans. beiges. and �i'arm grey hues. These colors v. ill be complemented w ith elements that ,Nill show higher intensities of tone such as deep ambers. y elloss-s. ochres. and oranges to create visual interest. In special situations there NN-ill be an introduction of greens. aquas, violets. and other colors that are not part of the earth} spectrum - Elements such as awnings and signage is ill add color and intensity to the facades by using prima, colors such as blues. vellokvs and reds. Facades The architectural treatment of the facades that are exposed to be a combination of traditional. contemporary- and transitional steles. At strategic locations there %Hill be architecturally - significant elements such as to«-ers or carefully articulated facades that will help define public spaces, terminate %visual corridors or become orientation points that ki ill add a sense of order and mystery to the overall composition. In an effort to add authenticity to the composition. the architecture N,611 enable "indis idealistic expressions" thus alImN ing retailers the abi lit) to showcase their image and brand. Elements such as storefronts, awnings and knee tis'alls v ill be designed by the tenants vdth the dev'eloper's approval to enrich the Visual quality of the space, Exhibit F Design Guidelines Commercial (Areas D & E) Facades — (Continued) The overall design of the buildings gill promote horizontal and vertical movement in the fagade planes to enhance interest and "sculptural feel ". The buildings facades wiIl be complemented with trellises. canopies. colonnades, blade signs and wall mounted fixtures to create an accessorized look to the experience along the side« alks. Hardscape The hardscape treatment for the Center will be designed to accentuate and define areas of activity and to enhance the architectural character of the space. A variety of materials will be used to add Visual interest and richness to the environment. In plazas where congregational opportunities are provided, special attention will be given to the sculpting of the space. The introduction of %pments such as fountains, sculptures. gazebos. ating areas. lawns. etc. will help create a comfortable yet dynamic em ironment for the public. These elements will help encourage multi generational interaction. The use of pavers and accent treatments like sidewalks. pedestrian crossings and plazas "ill help create visual definition and embellishment to the pedestrian experience. Textural changes at vehicular traffic zones will function as traffic calming devices that kill help create a safer environment for the users. Landscape Primary- landscape materials will be of quality. Shrubbery and ground covers will provide visual impact with the use of color and texture NNhile also providing screening in needed areas. The landscape elements in general will be used to highlight the arclvtecture of the surrounding structures. Landscaping and planting areas will be reasonably .spersed throughout the site. The interior imensions of any planting areas or any planting median must be sufficient to protect the landscape materials planted within and to ensure proper growth with an attractive appearance. Plant material should be selected for type. size and quality on the basis of suitability to climate. setting. and compatibility with other plant material. Planting in public right of «ay to be considered. Tree replacement calculations ,%%iIl not be enforced in this situation. Parking areas have been designed to comply with the intent of the local code required landscape island spacing and densit} . Landscape terminal islands, perimeter islands as well as large landscape canoes ,%here placed within the site to be %iihin 60' of a vehicle b) measuring from either the front or rear of the vehicle, The large canoes pro,, ide a better breakdown of the parking lot areas into smaller zones and provide better planting area for landscape materials. On Main Street �%i,e have included terminal islands at drive entries and have designed raised Landscape Planters at 50' centers located �N ithin the sidewalk transition zone for continuous street trees. All landscaping co,, enants described above are referenced in the "'Landscape Plan LS 10 01. 10 02. 10 03. 10 04 and 10 05 dated 4' 11 07" drawings attached. Lighting Lighting for the Center v, ill be divided into general illumination and specialty accent lighting. General illumination shall include the following: Parking lighting Historic St},le Street poles • Mall packs Specialty accent lighting may include the following: • Decorative }call sconces • Accent building lighting • Landscape lighting • Lighted bollards General parking lot illumination will be designed and installed so that the level of illumination as measured in foot - candles at grade provides a minimum of 2 foot - candles. Where possible on the Exhibit F Design Guidelines Commercial (Areas D & E) Lighting -- (continued) site and to maintain acceptable light uniformitN. a maximum to minimum light level design goal is not to exceed a ratio of five to one. Light fixtures will be (HPS) high pressure sodium and mounted on a maximum 30' high pole and base assembly. Accent building lighting shall be used to enhance entries. to« er elements. and piers at prominent locations and shall be metal halide. Landscape lighting shall be utilized to accentuate the plantings at entrances. the plaza and at prominent landscape features and shall be metal halide. Historic style light standards will Iine the main arteries of the center and shall be illuminated with metal halide. (See attached drawings L -1 thru 3 dated 6/7!07. uilding illumination Building and canop} lighting may he high efficiency. lo« .vattage metal halide fixtures to maximize effect and color rendering. This includes equipment with inherently superior reflector light control and precision optics. eliminating glare and off -site light trespass, Some LED sources could be utilized as ti�ell. Architectural lighting sconces «ill be used at piers and entries for pedestrian orientation and safety. Low level recessed walk«-ay lights will be utilized where necessary for supplemental safety illumination. A maximum 17' high historic pedestrian light pole be used in pedestrian areas and street side vehicular parking locations. High efficiency, low wattage metal halide fixtures «till be employed as the principal light sources in order to maximize effects and color rendering. Special accent lighting of landscape elements and ater features will be employed at key locations to enhance the pedestrian experience. Both metal halide and LED illumination %Nils be considered for longevity and color reliability. R Amenities The selection of architectural amenities shall be eomplementan• to the architectural character of the center. The amenities shall coati ey a sense of -,Narmth and comfort and be N isually appealing and properly integrated into the fabric of the center. The materials used for the selected amenities shall be durable and functional. The list of potential amenities shall include (but not limited to) the follm".-ing: • Benches • Trash receptacles a+,h receptacles • Decorative poles Frith fabric banners • Bike racks • Farnticri�ls • Gazebos • Tower writenf •es • Pedestrian walk ra}` 'trail 1i cn, • Music SIStems • Flag poles • Plaques • Phone enclasures • Tables umbrellas • 1 alet parking booths • Clocks • .4di,ertising paneh • Carts and kiosks • Customet' service booih3 • Metter fountains • rending machines Graphics The graplucs and the site signage for the Center «ill serve to orient and facilitate the movement of people around the center and to create an easil} identifiable environment. They ,%Hill also help to accessorize the architecture of the building and to highlight areas and zones of special interest. The overall feeling for the signage shall be compatible with the eclectic flaN or of the buildin A variety of styles will be encouraged as long as a -,. Exhibit F Design Guidelines Commercial (Areas D & E) Graphics - (continued) the signage meets the minimum standards of quality. elegance and sophistication established for the Center as a whole. The character of the project and the tenant signage will be defined by specific "Sign Design Guidelines" developed by Poag &_ McENven and their design consultants, as the project evolves. These guidelines will allow individualistic expression and respect to the various brands, but will exercise control over the dimensions, locations. material and style of the signs. The Developer's group will reserve the right to review and modify° any signage that does not comply with the directives of the pre - established standards. The follo«7ng is a list of the potential (but not limited to) sign types that «ill be part of the project: • 111onnrnteltts Mende ular directionals Pedestrian directionals • Directories ■ Street signs • Blade signs + Storefi -ont * Tenant • Banner program Signage The design of the signage at The Shops at Lakemoor is an integral and important component of the overall design theme. It is imperative for the success of the Center and the tenants that an eclectic and wide range of signing be allowed. This signage program shall be submitted for approval to the City of Eagle. The program consists of the folloNN ing categories that have been established to more clearly identify the types of signs to be use at The Shops at Lakemoor. Project identity signage (major anchor tenant not to exceed 72" in height, secondary tenants not to exceed 36" in height both having a width of no more than 70% of the tenants space. 7 • Monument signs • Street signs • Banncrs • Ternnporar►' sighs • DirectIonal signs • Pedestrian directionals • Vehicular directionals • Pedestrian directionals • Tenant signage • Fascia signs • Windom signs • Blade signs • A11117irngs signs • Set ice ar'e'a signs • Individual internally illuminated pler face channel letter's • Individual internalh, illuminated back or halo lit letters r • Externally illtlrnrrnated signs • 11ton lit signs • Open face channel neon letters • (See attached example of allowable sign types) Design Philosophy Sense of order, scale, mystery, enclosure, honest, style q j�. V-19, IP! X, -P .4 IOW 7 Ar jF m Sense of style Jim Zone of interaction OL Varies W410 _ RrWt�'� c ........................... 1� r 'a4 .J K� ,7 I if f i9t! AMUN rlcrdr�et polt�l p!�n� ri�ee ur�i� Sense of order •�A w r. la I 4 . f "I if ni r MF -'rt- P V him L 41W �Iilg *SIP All S 4 Y • r h{ M1 i 44414 t • z 4 r FF it `cam-_' _„ E Sense of place �Mvl UA J C,1111 R JYIlM 4.' +t wt+rtwW `0 •.r �ar� �fY V IM clrr• Ca "L. i 174i•Ji �tTw1 UA J C,1111 Graphics & signage m i f tw r 'Fig ,ilk ,�- �� �i I �Y} I3 t NY Td H --m A x m i - �` f f�E ��r OL x m r m x r Ndoo - . WS SNI 'Hill, I+ P IL Ell Air Al [ ,� �t o, . r HIT it Cis i clW. , �_I ; —• - -: _c: � ai} �i�1? �d:�srs•rcti�,�5' M —f � - 1 ` �• '� `1F ' .J' ° 7111 IT y 1 I F .I I- I'' - iiJj -'� � �r .,,fit ,•� '`'' , . f .�t - - 1 4 T1 1 171 1 I •* ,�� . 7 �4 .r � ti�Y `{, i l71\I. � l �� -- " ! .. �3.J r I � ; T � � �.'e � .a .tea•. -��, _ ., [t +1 ui Di I J � y ie, cv 7� 1JI ART I t.i; iti � ��l M� ;; � ,II ! � i � �` :�� two;' � ! 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Z Q E- C/} W W CL Preliminary Elevations a "f s R q D) .3G 0 ,*,I 0 ATf e U W 1 s L 4. i } D) .3G 0 ,*,I 0 �r Proposed Center PlazaRendering .a.ar�.ra 6- i i P# Preliminary Elevations —0! , u V! C6 It \tr. 5 •r' � fY y } - + 1 � � f • L K 1 rr #- ill. i r * T CD .aG O O a' I Exhibit "G" rah ? �,,.,1? TERMINATION AGREEMENT AND MUTUAL RELEASE This Termination Agreement and Mutual Release (this "Agreement') is made and entered into as of the day of April, 2008 by and among BW EAGLE, INC., an Idaho corporation ( "BW "), DMB INVESTMENTS, LLC, an Idaho limited liability company ( "DMB Investments," and together with BW, sometimes hereinafter collectively referred to as "DMB "), POAG & McEWEN LIFESTYLE CENTERS — EAGLE, LLC, a Delaware limited liability company ( "P &M "), and EAGLE LIFESTYLE CENTER, LLC, a Delaware limited liability company (the " Company'). RECITALS WHEREAS, BW and P &M entered into that certain Limited Liability Company Agreement of Eagle Lifestyle Center, LLC (the "LLC Agreement "), dated as of December 1, 2006; WHEREAS, BW, P &M and the Company entered into that certain Eagle Lifestyle Center LLC Contribution Agreement (the "Contribution Agreement." and collectively with the LLC Agreement, the "Contracts'), dated as of December 1, 2006; WHEREAS, BW has sold to DMB Investments the real property located in Eagle, Utah (the "PropertX'), which was to be the subject of the joint venture between BW and P &M (the "Joint Venture"), and has also assigned its rights under the Contracts to DMB Investments; WHEREAS, P &M has determined and elected not to proceed with the lifestyle center project contemplated by the Contracts (the "Lifestyle Center "); and WHEREAS, DMB, P &M and the Company desire to terminate the Contracts and to mutually release each other of all obligations and liabilities with respect to the Contracts. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Termination of Contracts. The parties hereby agree that the Contracts and all obligations and liabilities of the parties to the Contracts shall be terminated effective as of the date this Agreement is signed by all parties hereto. 2. Transfer of Entitlements. P &M and the Company hereby assign, transfer, and set over to DMB Investments any and all rights and interests in governmental entitlements from the City of Eagle, Ada County Highway District and the Idaho Transportation Department in and with respect to the development of the Property and disclaim any right or interest in the Property. P &M and the Company do further agree to cooperate with DMB Investments to effect such transfer, and to execute any documents necessary to effect the aforementioned transfer of entitlements in and with SLC_ 1773044 I respect to the Property or the development thereof. DMB agrees to indemnify and hold harmless the Company and the P &M and Company Releases from any obligation or liability under or with respect to the First Amended and Restated Development Agreement between City of Eagle, DMB Investments and the Company dated November 13, 2007. 3. Transfer of Membership Interest in the Company. BW hereby resigns its membership interest in the Company, if any, and transfers any such interest to P &M. BW agrees to cooperate with P &M and the Company to execute any documents required by law to complete such transfer of membership interest. 4. Payment of Costs and Ex erases. Each party to this Agreement hereby agrees to pay its own costs and expenses incurred in connection with the formation of the Joint Venture, the development of the Property, and any other costs and expenses incurred with respect to the Contracts, including, without limitation, the preparation and execution of this Agreement. S. Release by DMB. DMB hereby fully and forever RELEASES, waives, surrenders and discharges P &M and the Company and their respective officers, members, managers, affiliates, directors, owners, agents, representatives, heirs, successors, assigns, and attorneys (collectively the "P &M and Company Releasees") from any and all claims, causes of action, suits, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, costs, or expenses, of any kind or nature whatsoever, known or unknown, fixed or contingent as of the date hereof, in each case relating to the Company, the Contracts or the development of the Property, that DMB may have against the P &M and Company Releasees ( "DMB Claims "), and further COVENANTS NOT TO SUE UPON or otherwise hereafter assert any such claims. DMB represents and warrants that there has been no assignment or other transfer of any interest in any of the DMB Claims, and DMB agrees to indemnify and hold the P &M and Company Releasees, and each of them, harmless from any liabilities, claims, demands, damages, costs, expenses, and attorneys' fees incurred by such P &M and Company Releases, or any of them, as a result of any person asserting any such DMB Claims. b. Release by P &M and the Company. P &M and the Company each hereby fully and forever RELEASES, waives, surrenders and discharges DMB and their respective officers, directors, managers, affiliates, owners, agents, representatives, heirs, successors, assigns, and attorneys (collectively the "DMB Releasees") from any and all claims, causes of action, suits, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, costs, or expenses, of any kind or nature whatsoever, known or unknown, fixed or contingent as of the date hereof, in each case relating to the Company, the Contracts or the development of the Property, that P &M or the Company may have against the DMB Releasees ( "P &M Claims "), and further COVENANTS NOT TO SUE UPON or otherwise hereafter assert any such claims. P &M and the Company each represents and warrants that there has been no assignment or other transfer of any interest in any of the P &M Claims, and P &M agrees to indemnify and hold the DMB Releasees, and each of them, harmless from any liabilities, claims, demands, damages, SLC 177309.4 costs, expenses, and attorneys' fees incurred by such Releasees, or any of them, as a result of any person asserting any such P &M Claims. 7. No Releases of Claims under this Agreement. Paragraphs 5 and 6 notwithstanding, the parties do not release, and do not agree to indemnify for, any claims that may arise against the other under this Agreement. 8. Representation and Warranty. Each entity hereby covenants and warrants that such entity has full right and authority to enter into this Agreement and to perform all of its obligations hereunder, that any individual executing this Agreement on behalf of such entity is duly and validly authorized to execute this Agreement on behalf of such entity, and that such execution will be binding upon the corporation or limited liability company on whose behalf the individual is signing. 9. No Admission of Liability. Execution of this Agreement shall not be construed as an admission of liability and/or wrongdoing by any party hereto. 10. Confidentiality. The parties hereto each covenant and agree to maintain the terms of the Contracts and this Agreement as confidential, except as such disclosure may be required by law or as needed to enforce this Agreement. Notwithstanding this provision, any party hereto may truthfully respond to an inquiry from Eagle City or the Idaho Transportation Department to the effect that the Joint Venture and the lifestyle center contemplated by the Contracts are not going forward at the present time; provided, however that no party shall initiate such inquiry. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the matters set forth herein and supersedes all oral or written agreements made and entered into by and among the parties hereto prior to the date hereof. 12. Countervarts/Fax Delivery. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. An executed signature of this Agreement may be delivered by fax delivery. 13. Bindinu Effect. This Agreement shall be binding in all respects upon the successors, assigns and transferees of each party hereto, and shall inure to the benefit of the successors, assigns, and transferees of each party hereto; provided, however, that any party who transfers its rights or obligations under this Agreement shall remain liable to the other parties to this Agreement as if such transfer had not taken place. [Remainder of page blank; signatures on following page] S X 177300 el IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. BW EAGLE, INC., an Idaho corporation By t< Name: ]z izn r Title: i�j d •' DMB INVESTMENTS, LLC, an Idaho limited liability company Name: r,�E'-bb t jr POAG & McEWEN LIFESTYLE CENTERS — EAGLE, LLC, a Delaware limited liability company �IA- ,�I By:_ Name: Title: EAGLE LIFESTYLE CENTER, LLC, a Delaware limited liability company d c- By:_ Name: Title: SLC, 177309.4 N Exhibit "H" Affidavit of DENNIS M. BAKER on behalf of DMB Investments, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) DENNIS M. BAKER, who being first duly sworn under oath, deposes and says: 1. I am Dennis M. Baker, who is the President of DMB Investments, LLC, whose mailing address is 250 South Beechwood, Suite 120, Boise, ID, 83709 (­DMB Investments, LLC"). 2. DMB Investments, LLC, is the fee simple owner of the parcel of real property described on Exhibit 1, (excluding residential lots which have been sold to private parties located within Lakemoor Subdivisions No. 1 -3) attached hereto (the "Property"). 3. DMB Investments, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to rovisions set forth in Idaho Code Section 67 -6511A and Eagle the City Code Section 8 -10 -1 dated the day of 2013 by and between the City of Eagle, a municipal corporation in the State of Idaho, idd Dennis M. Baker, DMB Investments, LLC (the "Agreement "). DATED this aday of'. By: DMB Investments, LLC 13y: Dennis M. Baker, President SUBSCRIBED AND SWORN to before me this ,ff day of UB`�G �O 4 o¢ ° Notary Pu her o Residing at My Commission Page 1 of 1 K. Planning PcM Eagle Appliatioru CPA 100: CPA4 -02 & A 43 -02 & R7.%4)2 MOD2 da id ida, a doc , Idaho Es Lel 0