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Development Agreement - 2016 - Eagle Marketplace (ACTIVE) - 2/24/2016ADA COUNTY RECORDER Christopher D. R ch 2016.023969 BOISE IDAHO Pgs =16 BONNIE 03123120'[604:0$ PM EAGLE CITY NO FEE Recording Requested By and II I II I � I III I II I I I Il II II I IIIII II�II II I II I I fl II � III When Recorded Return to: 1 00208132720160023869!0160161 Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement ( "Development Agreement" or "Agreement"), made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ( "Eagle "), by and through its Mayor, and Alturas Eagle Marketplace, LLC, and Moreno Eagle, LLC ( "Owner "). Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on August 31, 1995, as instrument number 95062665 (the "Original Development Agreement "), a Development Agreement Modification recorded in the real property records of Ada County, Idaho, on December 13, 2001, as instrument number 10113I820 (the "Original Development Agreement Modification "), and a Second Development Agreement Modification recorded in the real property records of Ada County, Idaho, on August 14, 2003, as instrument number 103137170 (the "Second Original Development Agreement Modification ") shall be void and of no further force or effect as to the Property, as defined below. WHEREAS, the Owner is the developer of certain real estate located at the northeast corner of Eagle Road and Chinden Boulevard, Ada County Parcel #S0521336400 and #S0521336129, ( "Property"), as specifically defined in the attached legal description (Exhibit A), which is the subject of an application for a Development Agreement Modification application No. RZ -95 MODS; and WHEREAS, the proposed development agreement modification includes properties located within an area currently zoned C- I -DA and C -2 -DA; and WHEREAS, on January 26, 2016, the City Council of Eagle approved an application for a development agreement modification (RZ -95 MOD3); and WHEREAS, the City Council of Eagle have determined that the scope of the proposed project upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property with the requirements set forth in this Development Agreement; and Page I of 8 KAPtunning IkPft1sglc App[icaiiuro, RZ&,Al[tN151R/ A 411 K) S US1, 4iarkciplxc da la8 wr dim WHEREAS, Alturas Eagle Marketplace, LLC, (Owner) and Moreno Eagle, LLC, (Owner) has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit C1 and C2) pursuant to Eagle City Code Section 8- 10- 1(C)(1); and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511 A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to C -I -DA and C -2 -DA, subject to the provisions of the Original Development Agreement, and as specifically set forth previously in Ordinance No. 298 which became effective after its passage, approval, and publication on October 14, 1997. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in the Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat review, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by 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 the Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for Eagle Marketplace. As the Concept Plan evolves, the City understands and agrees that certain changes in the concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be required by the City. 3.3 Modifications to the existing grass- covered berms located adjacent to Eagle Road and Chinden Boulevard shall be reviewed and approved by the Design Review Board prior to any modifications to the existing landscaping in order to ensure adequate screening is maintained. 1'agc 2 of 8 KA'Ianning IAprlLagk Appli xkir.}1K7AAl14K1S1H %.45 MOD i I.rgk l.IarkipbLt Ja fn] %ur.dLXX 3.3.1 All drive through uses shall be screened from the adjacent street by a minimum forty -eight inch (48 ") buffer (measured from the drive aisle and composed of a berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall or evergreen hedge) between the drive- through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive - through lanes (i.e. vehicle headlights and vehicle cueing), 3.4 All parking lot and area lighting for the commercial development shall be contained in a historical fixture in compliance with Eagle City Code Section 8- 4- 4 -2(A) installed on poles no higher than fifteen feet (15') on the perimeter of the property; except that with the approval of the Design Review Board interior poles may be as high as twenty feet (20'). All lighting fixtures located on the north side of the building (abutting the northern property line of the commercial development) shall be shielded. 3.5 All public announcements, paging system, and music systems that can be heard outside shall not exceed 67 dBA from any location more than fifty feet (50') outside of the commercial development. 3.6 No building shall have more than one story, and shall not exceed twenty -eight feet (28') in height, including rooftop mechanical fixtures and equipment and screening for same, but excluding architectural treatments, which shall not exceed thirty -five feet (35') in height. The height of any building constructed on a separate pad fronting Eagle Road and/or Chinden Boulevard is further limited to a height not to exceed twenty feet (20'), including rooftop mechanical fixtures and equipment and screening for same, but excluding architectural treatments, which shall not exceed twenty -five feet (25') in height. All rooftop mechanical fixtures and equipment shall be adequately screened so as to not be visible from the ground at a distance of 200 yards from the base of the building. 3.7 A masonry wall not less than eight feet (8') in height shall be located behind the loading docks located to the rear of the in -line or primary building to screen the loading dock areas from the adjacent properties. 3.8 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 Neighborhood Business District and General Business District land uses allowed by the Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the C -I and C -2 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 C -1 and C -2 zoning designation shall require a conditional use permit. In addition to all other use 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. • Adult Business • Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales • Automotive Repair • Automotive Washing Facility • Bar (except if incidental to a restaurant use) • Billiard or Pool Hall Page 3 0l'8 KAPIanning Ikplll: gl• Appl4rtiunilN %Y;A111`751(t/ 95 NU H) 4 I:agw NbAcipWx da )nl err dt" • Machine Shop • Storage • Warehouse or Industrial Uses 3.9 No business in the commercial development shall be open for business between the hours of 12:00 midnight to 6:00 a.m. No deliveries or service trucks may be permitted in the commercial development after 8:00 p.m. or before 6 :00 a.m. on weekdays and between the hours of 6:00 p.m. to 8:00 a.m, during weekends and holidays. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit C1 and C2) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67 -6511 A and Eagle City Code Section 8- 10-1 shall be provided and is incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8 -10 -1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out -of- pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67 -6509, as required by Eagle City Code Section 8 -10 -1, use of the property shall be limited to those uses allowed within an A -R (Agricultural- Residential) zoning designation until Eagle enacts and records an ordinance changing the property to the A -R (Agricultural- Residential) zoning designation. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement or the application thereof to any party orcircumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re- negotiated in good faith between Owner(s) (or other appropriate party) and Eagle. Page 4 of 8 K:.I'lanning IhptYf agk AppW;1L n,5NJ.5AV19155K! -A MOD 3 l:a&, 2%1arkc1plaw da 1'n1 wr d0Lx ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Owner and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67 -6509, as required by Eagle City Code Section 8 -10 -I. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owners: Alturas Eagle Marketplace, LLC Attn: BIake Hansen 435 East Shore Drive, Suite 210 Eagle, Idaho 83616 Page 5 of 8 KAPlannm} Ikphl j& ApplUtiomIRZAA1199SIR/ 95 a IOD 3 tzpk Marketplace da I'nl ccr.docx Moreno Eagle, LLC Attn: Moses Moreno 17710 Vineland Avenue Monte Sereno, California 95030 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty -eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty -four (24) hours after timely deposit with a reputable overnight delivery service. 8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owners an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owners shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owners for such fees, adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit, and if the Owners fail to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owners. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit),the Owners shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owners, exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; E. Withhold reimbursement of Project surety /financial guarantee of performance collected pursuant to Section 8.6 of this Development Agreement and Section 9 -4 -2 -2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. Page 6 of 8 KAVIanning IkpM.agk App1iu1ix,Ke1H /4A%1 1A%k/ IA WOOD I I.aglu :NIatkntpUcv da ini nv.diwt 8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties, and the performance of their covenants and obligations therein, the parties acknowledge such action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this &day of �C�, 2016. o�QOR.4 * z* g1�AU ATTEST: '••.:�TE OF -•• °�• By: Sharon K. Bergmann, City Cle CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: —12 Stan Ridgeway, Mayor Owners: Alturas Eagle Marketplace, LLC an Idaho limited liability company By: Alturas Management Group, LLC a Delaware limited liability company, Its Manager By: Alturas Capital, LLC an Idaho Iimited liability company, Its Member By: BIake H• nsen, Member Moreno Eagle, LLC By: Moses Moreno, Manager Page 7 of 8 KAI'Unning IkpAIA& App1ica1iom%1R /AAU4A15U2 /,91; N101).1 I:a& MaAutpUce da 1n1 wrdmx STATE OF IDAHO ) 55. County of Ada ) On this day of , 20I6, before the undersigned notary public in and for the said state, personally appeared BLAKE HANSEN, known or identified to me to be a Member of Alturas Capital, LLC, a Member of Alturas Management Group, LLC, the Manager of Alturas Eagle Marketplace, LLC, owner of the property referenced herein and the person who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year First above sri:.i-rr%rmcn Notary Public for Idaho CALIFOit`r.t Residing at: No U% 1Z V11 ON My Commission Expires: STATE OF CALIFORNIA . 5s. County of San Mateo On this day of , 2016, before the undersigned notary public in and for the said state, personally appeared MOSES MORENO, known or identified to me to be a Manager of Moreno Eagle, LLC, the owner of the property referenced herein and the person who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above SEE KM ACIIED Notary Public for California C,kt.ttroltNiA Residing at: rtyTARIZ X i 10N My Commission Expires: Page 8 of 8 KA111ammng ikpill -agla App1iLa1k)nAR /AA51V1.;MR /` 91 NIOD 7 1 :agk\1arlv[p1uv Ja Inl tier Jrwx CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r GG4r,tt } On c—�-�f F63 ,oil, before me, , �<c, 1g� are msert'name antl Me 61 in& onicV) �' " "" personally appeared /�3" y who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Aare subscribed to the within instrument and acknowledged to me that 14/sIA/they executed the same in hid /or/their authorized capacity(ies), and that by fli&o ltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �w „'' KIRTI t PATEL NOTARY PUBLIC • CALIFORNIA WITNESS my hand and official seal. . T COMMISSION # 2004695 SANTA CLARA COUNTY AlMy Comm. Exp January 27, 2017 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM T7risform complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acdmomledgments from other stales may be completed for documents being sent to drar state so long as the wording does not require the California notary to violate California notary lmv, (Tide or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment (Tide or description of attached document continued) must Date of notarization must be the dale that die signer(s) personally appeared which must also be the same date Ole acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages a Document Date commission followed by a comma and then your title (notary public). • Print the namc(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Individual (s) Wshe/they,— is /are) or circling the correct forms. railurc to correctly indicate this information may lead to rejection of document recording. • Corporate Officer • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. If seal impression smudges, re -seal if a ( t e) sufficient area permits, otherwise complete a different acknowledgment form. • Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. • Attorney -in -Pact Additional information is not required but could help to ensure this • Trustee(s) acknowledgment is not misused or attached to a different document. p Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version invAu NotaryClasses com 8DO- 873 -9865 • Securely attach this document to the signed document with a staple, EXHIBIT "A" PARCEL I; A parcel of land located In the Southwest Quarter of the Southwest Quarter of Section 21, Township 4 North, Range i East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows; Commencing at a brass cap monument marking the corner common to Sections 20, 21, 28 and 29, Township 4 North, Range 1 East, Boise Meridian; thence North 89 048'00" East on the fine common to said Sections 21 and 28, 291.20 feet to a point; thence North 00 °27'44' West, 53.00 feet to a point on the Northerly right - of vray line of U,S. Highway No. 20 (W. Chinden Blvd.) said point being the REAL POINT OF BEGINNING; thence continuing North 00 027'44" West, 290.57 feet; thence South 89 032'16" West, 241.211 feet to a point on the East right- of- way line of State Highway No. 55 (N. Eagle Road); thence along said East right -of -way line North 00 027'44" West, 188.13 feet; thence leaving said East right of way line North B9 °48'00" East, 637.08 feet; thence South 29 023'00" Cast, 51.71 feet; thence South 06 040'00" East, 440.32 feet to a point an the Northerly right- of-way line of said U.S. Highway No. 20; thence along said Northerly right- of-way line South 89 048'00" West, 273.26 feet, thence continuing along said northerly right of way line South 00 000'00" West 4.92 feet, thence along said northerly right of way tine South 89 048'00" West 184.81 feet, thence leaving said northerly right of way 9ne North 00 000'00" East, 15.00 feet; thence South 89 048'00" West, 10.00 beet; thence South 00°00'00" West, 15.00 feet, thence South 89 046'00" West, 0.35 feet; thence North 00°27'44" West, 10,00 feet to the REAL POINT OF BEGINNING, U1.14740 Easement rights as contained In non - exclusive easements for access, parking and utilities as granted In Declaration of Covenants, Conditions and Restrictions and Grant of Easement, recorded March 24, 1999, as Instrument No, 99028301, Ada County Records, PARCEL III: A perpetual, nonexclusive easement for Ingress and egress for pedestrian and vehicular traffic appurtenant to Parcel I, as established by an Easement Agreement recorded November 8, 2002 as Instrument No. 102131531, Records of Ada County, Idaho, across the following described area; A strip of land located In the Southwest Quarter of the Southwest Quarter of Section 21, Township 4 North, Range 1 East of the Boise Meridian, City of Boise, Ada County, Idaho, being more particularly described as Follows: Commencing from a point marking the Southwest corner of said Section 21, and the centerllne of West Chlnden Boulevard (Hwy 20), thence North 89 048'00" East 760.00 feet along said centerline to a point, thence leaving said centerline North 00 °12'00" West 43.00 feet to a point on the North right-of-way line of said Chlnden Boulevard; thence leaving said right -of -way line North 06 040'00" West 132.13 feet to the TRUE POINT OF BEGINNING, thence North 06 040'00" West 313,15 feet to a point, thence North 29 023'00" West 61.71 feet to a Point of curvature, thence 48.81 feet along the arc of a curve to the right, said curve having a radius of 38.00 feet, a central angle of 73 03540 ", and a chord bearing of South 55 1104'31" East 45,52 feet to a non - tangent point, thence South 29 023'10" East 44.76 feet to a point, thence South 06 °52'05" East 259.19 feet to a point, thence South 13 °01'16" West 61.42 feet to the POINT OF BEGINNING. APN: 50521336400 Commonly known as: 3210 E. Chlnden Blvd., Eagle, ID 83616 38935 -0538.00011LEGAL126882744.1 EXHIBIT "A" SCHEDULEI Legal Description of Property A parcel of land located in the SW1 /4 of the SWi /4 of Section 21, TAN., R.1E., B.M., Ada County, Idaho being a portion of that parcel of land described in Warranty Deed Instrument No. 97105757 as Recorded in Records of Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap monument marking the comer common to Sections 20, 21, 28 and 29, TAN., R.IE., B.M.; thence North 89" 48' 00" East on the line common to said Sections 21 and 28, 291.20 Feet to a point; thence North 0° 27' 44" West, 53.00 Feet to a point on the northerly right -of -way line of U.S. Highway No. 20 (W. Chinden Blvd); said point being the Real Point of Beginning; Thence continuing North 0° 27' 44" West, 290.57 Feet; Thence South 89° 32' 16" West, 241.21 Feet to a point on the East right -of -way line of State Highway No. 55 (N. Eagle Road); Thence South 00° 27' "' East (formerly shown of record as South 00° 01' 50" East), 179.97 Feet along said East right -of -way line to the beginning of a Curve to the Left; Thence Southeasterly along said Curve to the Left an Arc Distance of 172.28 Feet (formerly shown of record as 172.06 Feet); said Curve having a Radius of 110.00 Feet, a Central Angle of 89° 44' 10" (formerly shown of record as 89° 37' 10'), and a Long Chord which beats South 45° 19' 55" East (formerly shown of record as South 44° 50' 25" East), 155.20 Feet to a Point of Tangency on said Northerly right -of -way line of U.S. Highway No. 20 (W. Chinden Blvd.); Thence North 890 48' 00" East, on said Northerly right -of -way, 131.71 Feet (formerly shown of record as South 89° 39' 00" East, 131.93 Feet) to the Real Point of Beginning. Containing an Area of 67, 384 Square Feet (1.55 Acres), more or less. AND INCLUDING, Reciprocal, non - exclusive easements as granted in the Declaration of Covenants, Conditions and Restrictions and Grant of Easements Recorded March 24, 1999 as Instrument No. 99028301, over, across, upon, under and through the portion of common area (including the vehicular approach lanes). - 'dnoaaNDMO EXHIBIT "B„ �•. 1. gl Eli" 5 4 a '! ueld adeaspuel O yyy+ EJ sit' i � I1�r I r AZ F ttrr Hill II... 1". t ! �i I ���•.1� , �.l� :G a� � I FIJI �r \ I t Y T I ~r Ems' r a ` y II i gI 8— PA� -. 1 _g r ` . - r �E r �A UA f �r5 yY $Y �a � H1.yp1 a �I EJ sit' i � I1�r I r AZ F ttrr Hill II... 1". t ! �i I ���•.1� , �.l� :G a� � I FIJI �r \ I t Y T I ~r Ems' r a ` y II i gI 8— PA� -. 1 _g r ` . - r �E r �A UA f �r5 yY $Y �a � H1.yp1 a �I II... 1". t ! �i I ���•.1� , �.l� :G a� � I FIJI �r \ I t Y T I ~r Ems' r a ` y II i gI 8— PA� -. 1 _g r ` . - r �E r �A UA f �r5 yY $Y �a � H1.yp1 a �I EXHIBIT "CI" Affidavit of Blake Hansen on behalf of Alturas Eagle Marketplace, LLC. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } } ss. County of Ada ) BLAKE HANSEN, who being first duly sworn under oath, deposes and says: . I am BLAKE HANSEN, who is the Member of Alturas Capital, LLC, a Member of Alturas Management Group, LLC, the Manager of Alturas Eagle Marketplace, LLC, whose mailing address is 435 East Shore Drive, Suite 210, Eagle, ID, 83616 ( "Alturas Eagle Marketplace, LLC "). 2. Alturas Eagle Marketplace, LLC, is the fee simple owner of the parcel of real property described on Exhibit I, attached hereto (the "Property "). 3. Alturas Eagle Marketplace, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67- 651 IA and Eagle City Code Section 8 -10 -1 dated the4t`day of 2016 by and between the City of Eagle, a municipal corporation in the State of Idaho, and AIturas Eagle Market PIace, LLC. (the "Agreement "). DATED this � day of - , 2016. By: Alturas Eagle Marketplace, LLC an Idaho limited IiabiIity company By: Alturas Management Group, LLC a Delaware limited liability company, Its Manager By: Alturas Capital, LLC an Idaho limited liability company, Its Member 17 64-- By: blake Hansen, Member SUBSCRIBED AND SWORN to before me this day of .2016. FPF .trr "A Stft) CALIFORNI 1 ti'O t'ARI'l. ►'I'IO� Notary Public for Idaho Residing at , Idaho My Commission expires Page 1 of I KVIanning Ikplkl.agle Appticatk)rL% AA%t 995%RY 91 MOD l I:agk Markcipkuv da Altura- allld;kvh.tkic JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5,'a qrA L"44•e.1 Subscribed and sworn to (or affirmed) before me on this � day of rEB 1 20—L4, by A&Akec- //.gyV1'E _ proved to me on the basis of satisfactory evidence to be the person who appeared before me. gnature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ,4&2- h t V17' OE Z9C.Ac_ ('title or description of attached document) (Title or description of a Bred docunfent continued) (Seal) Number of Pages Document Dale LWYWIZ Additional information 2015 Version wwv v.NotsryClasses.cam 800 -873 -6885 „.�`r KIRTII PATEL NOTARY PUBLIC • CALIFORNIA m COMMISSION # 2004085 SANTA CLARA COUNTY a + My Comm. Exp January 27, 2017 INSTRUCTIONS The wording of all Jurats completed in Caftnia after January 1, 2015 must be in the form as set torch within this Jurat. There are no exceptions. If a Jurat to be completed does not Now this farm. the notary most wn d the verbiage by using a jurat stamp containing the correct wording or atfaching a separate just form such as this one xdth does contain the proper wording In addition. the notary most require an oath or affirmation from the document signer mgar frng the 6uthfulness of the contents of the document. The document must be signed AFTER the oath or efhmmfion. if ft document was previously signed. n must be re- signed in front of ft notary public during the just process. • State and county information must be the state and county where the document signer(s) personalty appeared before the notary public. • Dale of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • the notary seal Impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different )ural form. Additional information Is not required but could help to ensure this iurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. EXHIBIT "C2" Affidavit of Moses Moreno on behalf of Moreno Eagle, LLC. AFFIDAVIT OF LEGAL INTEREST STATE OF California ) ss. County of San Mateo ) Moses Moreno, who being first duly sworn under oath, deposes and says: I am MOSES MORENO, who is the Manager of Moreno Eagle, LLC, whose mailing address is 17710 Vineland Avenue, Monte Serena, CA, 95030 ( "Moreno Eagle, LLC "). 2. Moreno Eagle, LLC, is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto (the "Property "). 3. Moreno Eagle, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67 -6511 A and Eagle City Code Section 8 -10 -1 dated the Zf,4 day of,--q, UA4-y •_, 20I6 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Moreno Eagle, LLC. (the "Agreement "). r DATED this day of 016. By: Moreno Eagle, LLC By: Z -; &9,e:T Mose Moreno, Manager SUBSCRIBED AND SWORN to before me this day of .2016. i,k k A--r tc nt. t) Notary Public for California 1% Residing at , California NC) S - %W/'kTIcw My Commission expires Page 1 of I Kil'lanning MptTagk Applkatu ar5k /KAII'X1i5k /.•95 MOD 3 U& Markclplaw di Stomw allida%il.dm JURAT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5—,,4, r,4 LG- x Subscribed and sworn to (or affirmed) before me on this Ql/ day of Fria 20—L& by ose-f proved to me on the basis of satisfactory evidence to be the person who appeared hr?fnrP mp gnature OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT r m/' tC&,fz- (Tice or description of attached document) rS T Mile or description of attached document continued) Number of Pages / Document Data ' a Additional infomation 2015 Version wyrw,NoIaryCtasSeS.Cam 8M673.8885 KIRTI I PATEL NOTARY PUBLIC - CALIFORNIA LW COMMISSION # 2004695 e mSANTq CLARA COUNTY My E 27, 20j y (Seal) INSTRUCTIONS The wording of at Jurors compleled in Caftnia after January 1, 2015 must be in the form as set bfh within ids JureL There are no exceptions. if a Jumf to be complefed does not foibw on form, the notary must correct the verbiage by using a jurat stamp containing the correct wonfing or attaching a separate jurat form such as this one with does ahntafn the proper wording, in addition, the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document The document must be signed AFTER the oat or afkmraton, tire doamhent was previously signed, t must be re- signed in front of the notary public during the jurat process. • State and county Information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process Is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk, • The notary seal impression must be clear and photographically reproducible, Impression must not cover text or Imes. If seal impression smudges, re-seal If a sufficient area permits, otherwise complete a different jurat form. Ap Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. . Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple.