Development Agreement - 2003 - Eagle Country Plaza LLC DA Mod 2 (SUPERSEDED) - 8/5/2003Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08114/03 02:20 PM
DEPUTY Joanne Hooper
RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
EAGLE CITY 103137170
AMOUNT .00
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION NO.2
This Development Agreement Modification No. 2, 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, modifications were made to the Development Agreement recorded under
Instrument No. 95062665. The Development Agreement Modification is recorded under
Instrument No. 101131820; and
WHEREAS, the proposed development agreement modification no. 2 includes properties
within an area currently zoned C -1 -DA and C -2 -DA; and
WHEREAS, all provisions within the Development Agreement and Development
Agreement Modification recorded under Instrument Nos. 95062665 and 101131820 are in, and
shall remain in full force and effect, except that, condition 3.2.3 is 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 and Development Agreement Modification recorded under Instrument
Nos. 95062665 and 101131820, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.2.3 No sign shall be higher than the roofline of any building or be animated, internally
illuminated or audible.
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ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development Agreement and Development Agreement
Modification, instrument numbers 95062665 and 101131820, remain in full force and effect
except as modified in Article I herein.
Effective Date. This Development Agreement Modification No. 2 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
No. 2.
DATED this day of 2003.
ATTEST:
Sharon K. Moore, City Clerk
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
DATED this day of, 2003.
STATE OF IDAHO )
ss.
County of Ada)
By:
Bill Hodges
On this 75— day of , 2003, before the undersigned notary public in and for
R
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the said state, personally appeared NANCY C. MERRILL, 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.
101
above writ
STATE OF IDAHO )
ss.
County of Ada)
hereunto set my hand and seal the day and year first
JJZ6� � exi�L=
Notary blicf daho
Residing at: ,*t
My Commission Expires: IR 3
On this 1,141'h day of S , 2003, before the undersigned notary public in and for the
said state, personally appeared1 Hodges, known or identified to me to be the owner of the
property referenced herein, and the person who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:_Ca of 1-6 7
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