Development Agreement - 2021 - Foxtail Senior Living RZ-01-14-MOD - 6/23/2021 ADA COUNTY RECORDER Phil McGrane 2021-102677
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 07/07/2021 01:49 PM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O.Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
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 FOXTAlL SENIOR LIVING CENTER,LLC("Owner").
WHEREAS, Owner is the owner of record of certain real estate located at 430 and 450 West
Chinden Boulevard, Eagle, Idaho, ("Property"), which is the site subject of an application for rezone,
identified as Eagle Rezone Application No. RZ-01-14 and which is subject to an application for
modification of development agreement, identified as Eagle Rezone Modification Application No. RZ-
01-14 MOD;and
WHEREAS, the proposed development agreement modification includes properties within an
area currently zoned MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]);and
WHEREAS, the Owner has previously provided an affidavit agreeing to submit the Property to a.
Development pursuant to Eagle City Code Section 8-10-i(C)(l)and be bound by same;and
WHEREAS, all provisions with the Development Agreement recorded under instrument No.
114045857 are in, and shall remain in. full force and effect, except that, four (4) new conditions of
development 3.9, 3.10, 3.11, and 3.12, shall be added and a new Concept Plan (Exhibit A) added, as
contained.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. 114045857,the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.9 The Assisted Living facility shall be limited to single-story(not to exceed 29-feet in height).
3.10 The assisted living facility shall not exceed a total of 100-units.
3.11 Owner shall comply with all requirements of the Meridian Fire Department.
Page 1 of 2
KFlanning AepeuEegle Appliewiensitl&A`201 2-01-(4 MOD;aziai!:>r ur Living eta ca fri vrr.don
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
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 FOXTAIL SENIOR LIVING CENTER,LLC("Owner").
WHEREAS, Owner is the owner of record of certain real estate located at 430 and 450 West
Chinden Boulevard, Eagle, Idaho, ("Property"), which is the site subject of an application for rezone,
identified as Eagle Rezone Application No. RZ-01-14 and which is subject to an application for
modification of development agreement, identified as Eagle Rezone Modification Application No. RZ-
01-14 MOD; and
WHEREAS, the proposed development agreement modification includes properties within an
area currently zoned MU-DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]);and
WHEREAS, the Owner has previously provided an affidavit agreeing to submit the Property to a
Development pursuant to Eagle City Code Section 8-10-1(C)(1)and be bound by same;and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No.
114045857 are in, and shall remain in full force and effect, except that, four (4) new conditions of
development 3.9, 3.10, 3.11, and 3.12, shall be added and a new Concept Plan (Exhibit A) added, as
contained 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. 114045857,the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.9 The Assisted Living facility shall be limited to single-story(not to exceed 29-feet in height).
3.10 The assisted living facility shall not exceed a total of 100-units.
3.11 Owner shall comply with all requirements of the Meridian Fire Department.
Page 1 of 2
K:\Planning Dept\Eagle Applications\RZ&A\2014\RZ-01-14 MOD Foxtail Senior Living da cc fnl ver.doc
3.12 All lighting(i.e.,building and parking lot)shall be in conformance with Eagle City Code and
shall be designed to incorporate"Dark Sky Lighting"to prevent light trespass on the adjacent
properties.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, Instrument No. 114045857,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.
rd A
DATED this day of J ,2021.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
••..•`""""'••. J..• fierce,Mayor
OF EA0
AT 'EST: c> QORA),••• ;
pQ' tt'•
•
Tracy E. O , City Clerk : SEA do
';t4ePoftA1:•••.Z••;Tq ••�'• ��OTWNER: FOXTAI IOR LIVING CENTER, LLC
OF `,,
By:
Willi J. Hines,Member
STATE OF IDAHO )
: ss.
County of Ada )
On this 10 day of J i N U ,2021,before the undersigned notary public in and for
the said state,personally appeared WILLIAM J. HINES,known and identified to me a Member of
FOXTAIL SENIOR LIVING CENTER, LLC, an Idaho limited liability company,known or identified to
me to be the owners of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF,I have hereunto se y hand d seal the day and year first above
written. �'��•..••••,•,�� .
�• ;tCSE1V^
O f QTAR y p Notary Pu c for Idah
a . is
a•. Residing at: £A o)•
2 S PUBOG4,; Z 1
My Commission Expires: - 2 t I ZZ U ,
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