Development Agreement - 2016 - Whitehorse Subdivision MOD - 6/16/2016ADA COUNTY RECORDER Christopher D. Rich 2016.068403
BOISE IDAHO Pgs=2 BONNIE 07/29/2016 08:05 AM
EAGLE CITY NO FEE
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Recording Requested By and o3
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 David Callister, LLC, ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at Lot 2, Block 1,
Whitehorse Subdivision at 2440 North Park Lane, Eagle, Idaho, ("Property"), as specifically defined in
Development Agreement recorded under Instrument No409089345; and
WHEREAS, the proposed development agreement modification includes properties within an area
currently zoned R -2 -DA; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No.
109089345, records of Ada County, Idaho, are in, and shall remain in full force and effect, except that, Article
VIII, General Matters, 8.7, is amended 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. 109089345, records of Ada County, Idaho, the modification is agreed to as
follows:
ARTICLE I
MODIFIED GENERAL MATTERS
(Strike through text shall be deleted from ARTICLE VIII GENERAL MATTERS pursuant to the
Development Agreement recorded under Instrument No. 109089345, records of Ada County, Idaho)
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development Agreement recorded under Instrument No. 109089345,
records of Ada County, Idaho, remains in full force and effect except as modified in Article I herein.
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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.
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 Modification.
DATED this day of p.�, 2016.
giw����®�•®rA®rem@�®�®®�®®
t I CITY OF EAGLE, a municipal corporation organized
and a ender th1-
0
s 7,4ateofIdaho
0% SEAL IfBy:
� ��� Stan Ridgeway, Mayor
ATTEST: ��•��®�®��
Sharon K. Bergmann, City Clerk
STATE OF IDAHO
ss.
County of Ada )
Owe
Dav
By:
Dav
On this \U day of SLS , 2016, before the undersigned notary public in and for
the said state, personally appeared DAVID CALLISTER, known or identified to me to be a the Member of
David Callister, LLC, 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
Notary Public for Idaho
Residing at:w.N.�.'�'�
My Commission Expires: -
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