Development Agreement - 2001 - Eagle County Plaza LLC DA Mod (SUPERSEDED) - 11/28/2001P"DA COUNTY RECORDER
Recording Requested By and J. DAVID NAV R O
When Recorded Return to:
Planning and Zoning Administrator
ZOO DE 13 All 9# 4 0
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
N 0 0- 0 U E�s rO
FEE EPU
O LRVI
1,01131820
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 Eagle Country Plaza, LLC. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 3210 &
3212 E. Chinden Blvd., Eagle, Idaho, ("Property"), as specifically defined in Development
Agreement recorded under Instrument No. 95062665; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned C -1 -DA and C -2 -DA; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 95062665 are in, and shall remain in full force and effect, except that, conditions 3.2.2 and
3.2.3 are amended as stated herein.
WHEREFORE, the Applicant 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. 95062665, the modification is agreed to
as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.2.2 All parking lot and area lighting for the commercial development will be by high
pressure sodium lighting of no more than 150 watts contained in a historical
fixture in compliance with ECC Section 8-4-4-2 installed on poles no higher than
fifteen feet (15') on the perimeter of the property; except that with the approval of
the Design Review Committee 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 and shall
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be brought into compliance with all respects of Eagle City Code. No sign permits
will be issued until all lighting located on the north side of the aforementioned
multi -tenant building is brought into compliance with Eagle City Code.
3.2.3 A maximum of two (2) monument signs, each not to exceed fifteen -feet (15') in
height with no more than one hundred (100) square feet of signage space per side
shall be permitted on the Property. All signage for the Property shall comply with
in all respects with Eagle City Code at the time of issuance of a sign permit. The
phrase "City Market " is permitted as directional signage to be installed on the
stucco face of the rock walls located at the eastern entrance intersecting with
Chinden Boulevard and the northern entrance intersecting Eagle Road. No sign
shall be higher than the roofline of any building or be animated, directly
illuminated or audible.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 95062665,
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 jW day of x(9-9- , 2001.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
�z..uillE►'� •
ATTEST: Or
A� VOR4•
Sharon K. Moore, City C1 rk ro
g•�. o
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DATED this_L,l day of ' , 2001.
STATE OF IDAHO )
:xp
County of Ada)
By:
(Owner's)
On this day of 2001, before the undersigned notary public in and for
the said state, personally appeared RICK YZAGUIRRE, 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.
IN WTTNES, mm 6'QTVave hereunto set my hand and seal the day and year first
On this - day of , 2001, before the undersigned notary public in and for
the said state, personally appeared Iddham i r,.s, known or identified to me to be the
owners of the property referenced herein. and thV persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
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e* 0 N C � Notary Public for Idaho
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