Development Agreement - 2016 - Eagle Gateway South MOD 5 - 1/12/2016Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D Rich 2016-008958
BOISE IDAHO Pgs =5 BONNIE 02/0112016 03:42 PM
EAGLE CITY NO FEE
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For Recording Purposes Do
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DEVELOPMENT AGREEMENT MODIFICATION
This Development Agreement Modification, made and entered into on the date as indicated herein,
by and between the City of Eagle, a municipal corporation in the State of Idaho ( "Eagle "), by and through
its Mayor, and The Charter School Fund — Oro Valley, LLC, an Arizona limited liability company
( "Owner").
WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately
15.77 acres generally located at southeast corner of SH-44 and South Edgewood Lane, ( "Property"), as
specifically defined in Development Agreement recorded under Ada County Instrument No. 2014 - 072476;
and
WHEREAS, the proposed development agreement modification includes properties within an area
currently zoned MU -DA; and
WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to a
development agreement (Exhibit A) pursuant to Eagle City Code Section 8- 10- 1(C)(1); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2014-
072476 are in, and shall remain in full force and effect, except that, condition of development 3.4 and 3.6 are
amended and condition of development 3.21 is added as stated herein.
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that
have arisen and for and in consideration of the mutual covenants contained in the Development Agreement
recorded under Instrument No. 2014- 072476, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITION OF DEVELOPMENT
3.4 The Setbacks shall be as follows:
Multi - family:
Front
Rear
Interior Side
Street Side
15 feet
20 feet
7.5 feet (2- story) / 12.5 feet (3 -story)
15 feet
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Mixed Use 'Office/ Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west
end of Riverside Drive near Edgewood and along Edgewood)
20 feet (typical unless noted otherwise)
Rear 10 feet
Interior Side 0.0 -feet
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
Maximum Coverage: 60%
3.4.1 The building height of the tennis facility shall not exceed 45 -feet. The building height of a
hotel shall not exceed 60 -feet.
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ", existing
at the time a design review application or conditional use permit application (whichever the case
may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8 -2 -3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require a
conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations,'' shall be permitted
uses on the Property:
■ Bar
■ Hotel
■ Retail Sales
■ Commercial Entertainment Facility (Tennis and outdoor recreational facility)
■ Nursing/Convalescent Home
■ Coffee Shop (with drive - through) to be located at the northwest corner of the Property.
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
■ Residential, Mobile Home (Single Unit);
■ Residential, Mobile Home (Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive washing facility;
■ Cemetery;
■ Circuses and Carnivals;
■ Drive -In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
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■ Nursery, plant materials;
■ Riding Academies/Stables;
■ Small Engine Repair;
■
Storage (fenced area);
3.21 Any building with a proposed drive - through shall be designed in such a way as to compliment the
overall character of the development and design styles exceeding the standard utilitarian look of a
building with a drive - through shall be required. The Owner shall also provide a minimum forty-eight
inch (48 ") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall, Iandscaping, or combination thereof within the buffer area adjacent to the drive -
through lane to reduce the impact of the vehicles utilizing the drive- through lane (i.e. vehicle
headlights and vehicle cueing).
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 2014- 072476, remains
in full force and effect except as modified in Article I herein."
Effective Date. This Development Agreement Modification shall be effective after delivery to each of the
parties hereto of a fully executed original of this Development Agreement Modification.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this %L__
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ATTEST: •••,,'qTF OF 1pP,e•
Sharon K. Bergmann, City Clerk
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
James D. Reynolds, Mayor+"`
Owner: The Charter School Fund Oro Valley, LLC
By: TPC Commercial, LLC, its Manager
By: TPC Real Estate Development Services, Inc, its
Manager
By: U
Caleb Roope, its President
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STATE OF IDAHO )
. ss.
County of Ada )
On this ay of , 20I 6, before the undersigned notary public in and for
the said state, personally appeared CALEB ROOPE, known or identified to me to be the President of TPC
Real Estates Services, Inc., an Idaho corporation, the Manager of TPC Commercial, LLC, an Idaho limited
liability company, the Manager of The Charter School Fund Oro Valley, LLC, an Arizona limited
liability company, the owners of the property referenced herein, who subscribed said company name to the
foregoing instrument, and acknowledged to me that he executed the same on behalf of said company, and
that such company executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set i hand an al the day and year first above
written.
��►� tiiiR��' Notary Pu lic Id
Residing at: " WISE,_ tt
~ 0'S My Commission Expires:.__ —T _ 4
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STATE
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EXHIBIT "A"
Affidavit of CALEB ROOPE on behalf of TPC Real Estates Services, Inc, Manager of TPC
Commercial, LLC, Manager of The Charter School Fund -- Oro Valley, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
ss.
County of Ada )
CALEB ROOPE, who being first duly sworn under oath, deposes and says:
I. I am CALEB ROOPE, who is the President of TPC Real Estates Services, Inc., an Idaho
corporation, the Manager of TPC Commercial, LLC, an Idaho limited liability company,
the Manager of The Charter School Fund – Oro Valley, LLC, an Arizona limited liability
company, whose mailing address is 430 East State Street, Suite 100, Eagle, ID, 83616
( "The Charter School Fund – Oro Valley, LLC ").
2. The Charter School Fund – Oro Valley, LLC, is the fee simple owner of the parcel of real
property described on Exhibit 1, attached hereto (the "Property").
3. The Charter School Fund – Oro Valley, LLC, authorizes the submission of the Property to
certain Development Agreement pursuant to the provisions et forth in Idaho Code Section
67 -6511A and Eagle City Code Section 8 -10 -1 dated the day of : c; , 2016
by and between the City of Eagle, a municipal corporation in the State of Idaho, and Caleb
Roope, The Charter School Fund – Oro Valley, LLC (the "Agreement ").
DATED this day of '- SQaJ�jp.�. , 2016.
SUBSCRIBED AND SWORN
tto atr,� f •a
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Owner: The Charter School Fund – Oro Valley, LLC
By: TPC Commercial, LLC, its Manager
By: TPC Real Estate Development Services, Inc, its
Manager
Caleb Roope, its President
°I-
to before me this 1S d (-rQk .' , 2016.
Notary Public for Idaho
Residing tsar.., I , I aho
My Commission expires
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