Development Agreement - 2022 - Bridges At Lakemoor Modification To Conditon 3.5 & 3.5.1 (RZ-05-02 MOD7) - 3/22/2022 ----------------
ADA COUNTY RECORDER Phil McGrane 2022-028689
BOISE IDAHO Pgs=l 1 NIKOLA OLSON 03/22/2022 04:23 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 LAKEMOOR LAND, LI-C, GRH LAKEMOOR LLC. an Idaho limited liability
company, PMAASP STEPHENS LAKEMOOR LI.C, an Idaho limited liability company, and JAI-
HOLDINGS IA,C, an Idaho limited liability company (collectively, the "Owner").
WHER-EAS, the Owner is the owner of record of certain real estate which was sub�ject to an
application for modification of development agreement, identified as Eagle Rezone Modification
Application No. RZ-05-02 MOD7 (The Bridges at Lakernoor)(Development Agreement); and
WHEREAS, the proposed development agreement modification includes properties within an
area currently zoned M U-DA (Mixed U,I se with a development agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2017-
023755 are in, and shall remain in full force and effect, except that,condition of development 3.5 is amended
as stated herein.
WHEREAS, Owner has provided Eagle with affidavits agreeing to submit the Property to
a development agreement modification (Exhibits Al — 4) pursuant to Eagle City Code Section 8-10-
1(C)(1); and
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. 2017-023755, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.5 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 Mixed Use 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.
Page 1 of 6
K Tlnz;ing D,:pt,Fkg,le 02&A-O-Q& MOD';da 10 ffif le;.dljc
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 LAKEMOOR LAND, LLC, GRH LAKEMOOR LLC, an Idaho limited liability
company, PMAASP STEPHENS LAKEMOOR LLC, an Idaho limited liability company, and JAD
HOLDINGS LLC, an Idaho limited liability company (collectively, the "Owner").
WHEREAS, the Owner is the owner of record of certain real estate which was subject to an
application for modification of development agreement, identified as Eagle Rezone Modification
Application No. RZ-05-02 MOD7 (The Bridges at Lakemoor)(Development Agreement); and
WHEREAS, the proposed development agreement modification includes properties within an
area currently zoned MU-DA (Mixed Use with a development agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2017-
023755 are in, and shall remain in full force and effect, except that, condition of development 3.5 is amended
as stated herein.
WHEREAS, Owner has provided Eagle with affidavits agreeing to submit the Property to
a development agreement modification (Exhibits Al — A4) pursuant to Eagle City Code Section 8-10-
I(C)(1); and
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. 2017-023755, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.5 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 Mixed Use 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.
Page 1 of 6
KA\Planning Depffagle Applications\CPA\2002\CPA-4-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver doc
All uses shown as "P" permitted under the MU 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 MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
■ Commercial Entertainment Facility (Indoor)
■ Hotel
■ Microbrewery
■ Retail Sales (General)
■ Retail Sales (Limited)
■ Winery
In addition to all other uses 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:
■ Residential, Mobile Home(Single Unit);
■ Residential, Mobile Home(Single Unit Temporary Living Quarters);
■ Residential, Mobile Home Park;
■ Adult Business;
■ Automotive, Mobile Home, Travel Trailers, and/or Farm Implement Sales
■ Cemetery;
■ Circuses and Carnivals;
■ Drive-In Theatre;
■ Equipment Rental and Sales Yard;
■ Kennel;
■ Nursery, plant materials;
■ Riding Academies/Stables;
■ Small Engine Repair;
■ Storage(fenced area);
In addition, no more than two (2) Restaurants (with drive-through) use (shown at Shops 3 and
Pad I on the Concept Plan, Exhibit B)which is prohibited within said section of Eagle City Code
and on the entire Property, as noted above shall be permitted. Such restaurant (with drive
through)shall be associated with a fast casual restaurant or coffee shop.
Page 2 of 6
KAPlanning DeptTagle Applica[ionsTPA\2002\CPA-0-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver.doc
3.5.1 Owner shall provide a minimum forty-eight inch (48") buffer(berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall) 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).
ARTICLE 11
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 2017-023755, 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 day of tl�— .2022
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By: �---
''.��ys ++�■� J n fierce, Mayor
ATTEST: PGLE
` �.••off A T F:�
• �S• C)
Tracy E. Os A, City'Vle1'X 5 fi`: q
■
•••••• ::::�'�&� OWNER:
. o
''•■..�STA`T�,..•'' GRH Lakemoor LLC, an Idaho limited liability
company
By: GRH Management, LLC, an Idaho limited liability
company
Its: Manager
By:
Brian Huffaker, Presig&
Lakemoor Land LLC, an Idaho limited liability company
By: GRH Management, LLC, an Idaho limited liability
company
Its: Manager
Brian Huffaker, Presid&
Page 3 of 6
KAPlanning DeptTagle App1ications\CPA\2002\CPA4-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver doc
PMAASP Stephens Lakemoor, LLC,an Idaho limited
liability company J
By: �..
aul B. ephens, Manager
JAD Holdings LLC, an Idaho limited liability company
f
By: M .
�
Je e e, Manager
T
STATE OF IDAHO )
ss.
County of Ada )
On this day of , 2022, before the undersigned Notary Public in and for the
said state, personally appeared Brian Huffaker, known or identified to me to be the President of GRH
Management LLC, the Manager of Lakemoor Land, LLC, that executed the within and foregoing
instrument, or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written. V�Lla
TESSA TAYLOR Notary Public for Ida
COMMISSION#30367 Residing at: b
NOTARY PUBLIC My Commission Expires:
STATE OF IDAHO
Page 4 of 6
KAPlanning DeptTagle ApplicationsTPA\2002\CPA4-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver doc
STATE OF IDAHO )
. ss.
County of Ada )
On this _�LL day of , 2022, before the undersigned Notary Public in and for the
said state, personally appeared Brian Huffaker, known or identified to me to be the President of GRH
Management LLC, the Manager of GRH Lakemoor, LLC, that executed the within and foregoing
instrument, or the person who executed the instrument on behalf of said limited liability company, and
acknowledged to me that such limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
TESSA TAYLOR
My Commission Expires:
COMMISSION#30367 Notary Public for Idaho
NOTARY PUBLIC Residing at: `
STATE OF IDAHO
STATE OF IDAHO )
ss.
County of Ada )
On this _�Jk day of , 2022, before the undersigned Notary Public in and for the
said state, personally appeared PAUL B. STEPHENS, known or identified to me to be the Manager of
PMAASP Stephens Lakemoor LLC,that executed the within and foregoing instrument, or the person who
executed the instrument on behalf of said limited liability company, and acknowledged to me that such
limited liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
TESSA TAYLOR Notary Public for Idah
COMMISSION#130367 Residing at:
NOTARY PUBLIC My Commission Expires: JA
STATE OF IDAHO
Page 5 of 6
KAPlanning DeptTagle ApplicationsTPA\2002TPA-0-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver.doc
STATE OF IDAHO )
. ss.
County of Ada )
On this 6&- day of 2022, before the undersigned Notary Public in and for the
said state, personally appeared JEFFREY 4 DEVOE, known or identified to me to be the Manager of
JAD Holdings LLC, that executed the within and foregoing instrument, or the person who executed the
instrument on behalf of said limited liability company, and acknowledged to me that such limited liability
company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
TESSA TAYLOR
COMMISSION#3W Notary Public for Id io
NOTARY PUBLIC Residing at:
STATE OF IDAHO My Commission Expires:
Page 6 of 6
KAPlanning DeptTagle App1icationACPA\2002\CPA4-02&A-03-02&RZ-5-02 MOD7 da cc fnl ver.doc
EXHIBIT"Al"
Affidavit of BRIAN HUFFAKER on behalf of Lakemoor Land,LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ,s.
County of Ada )
BRIAN HUFFAKER, who being first duly sworn under oath, deposes and says:
1. 1 am BRIAN HUFFAKER, who is the President of GRH Management, LLC, the
Manager of Lakemoor Land, LLC, whose mailing address is c/o Hawkins Companies, 855
West Broad Street, Suite 300, Boise, ID, 83702 ("Lakemoor Land,LLC").
2. Lakemoor Land, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto(the"Property").
3. Lakemoor Land, LLC, authorizes the submission of the Property to certain Development
Agreement Modification pursuant to the provisions set forth in Idaho Code Section 67-
6511A and Eagle City Code Section 8-10-1 dated the lk day of , 2022 by
and between the City of Eagle, a municipal corporation in the State of Idah and Brian
Huffaker, Lakemoor Land, LLC. (the"Agreement").
DATED this—L p day of .2022.
By: Lakemoor Land, LLC, an Idaho limited liability
company
By: GRH Management LLC, an Idaho limited liability
company,
Its: Manager
Brian Huffaker, President
SUBSCRIBED AND SWORN to before me this�day of 2022.
PNOTARYPUBLIC
SSA TAYLOR Notary Public for Idaho
MISSION#k3W67 daho
Residing atTE OF IDAHO My Commission expires71
Page 1 of 1
K:\Planning DeptTagle Applications\CPA\2002\CPA4-02&A-03-02&R7-5-02 MOD7 da affidavit Lakemoor Land.doe
EXHIBIT"A2"
Affidavit of BRIAN HUFFAKER on behalf of GRH Lakemoor,LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
BRIAN HUFFAKER, who being first duly sworn under oath, deposes and says:
1. I am BRIAN HUFFAKER, who is the President of GRH Management, LLC, the
Manager of GRH Lakemoor, LLC, whose mailing address is c/o Hawkins Companies, 855
West Broad Street, Suite 300, Boise, ID, 83702 ("GRH Lakemoor,LLC").
2. GRH Lakemoor, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto(the "Property").
3. GRH Lakemoor, LLC, authorizes the submission of the Property to certain Development
Agreement Modification pursuant to the provisions set forth in Idaho Code Section 67-
651 1 A and Eagle City Code Section 8-10-I dated the A k
4 day of 15 WRtkaVlt:j—, 2022 by
and between the City of Eagle, a municipal corporation in the State of Idaho and Brian
Huffaker, GRH Lakemoor, LLC. (the"Agreement").
DATED this day of 12022.
By: GRH Lakemoor, LLC, an Idaho limited liability
company
By: GRH Management, LLC, an Idaho limited liability
company,
Its: Manager
By:
Brian Huffaker, Presi ent
SUBSCRIBED AND SWORN to before me this L day of , 2022.
TESSA TAYLOR Notary Public for Idah
COMMISSION#30367 Residing at , Idaho
NOTARY PUBLIC
STATE OF IDAHO My Commission expires
.P'q'
Page 1 of 1
K\Planning Dept\Eagle App1ica1ions\CPA\2002\CPA4-02&A-03-02&RZ-5-02 MOD7 da affidavit GRH Lakemo r.doc
EXHIBIT "A3"
Affidavit of PAUL B. STEPHENS on behalf of PMAASP Stephens Lakemoor,LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF 1DAHO )
) ss.
County of Ada )
PAUL B. STEPHENS, who being first duly sworn under oath, deposes and says:
1. I am PAUL B. STEPHENS, who is the Manager of PMAASP Stephens Lakemoor, LLC,
whose mailing address is c/o Hawkins Companies, 855 West Broad Street, Suite 300,
Boise, 1D, 83702 ("PMAASP Stephens Lakemoor,LLC").
2. PMAASP Stephens Lakemoor, LLC, is the fee simple owner of the parcel of real property
described on Exhibit A, attached hereto(the "Property").
3. PMAASP Stephens Lakemoor, LLC, authorizes the submission of the Property to certain
Development Agreement Modification pursuant to the provisions set forth in Idaho Code
Section 67-6511A and Eagle City Code Section 8-10-1 dated the day of
fix 2022 by and between the City of Eagle, a municipal corporation in the
State of Ida hp, and Paul B. Stephens, PMAASP Stephens Lakemoor, LLC. (the
"Agreement").
DATED this day of , 2022.
By: PMAASP Stephens Lakemoor, LLC, and Idaho
limited liability company
By: E
Paul ephens, Manager
SUBSCRIBED AND SWORN to before me this_VI4_day of , 2022.
TESSA TAYLOR XWL=
COMMISSION#30367 Notary ublic for Idaho
NOTARY PUBLIC Residing at Idaho
STATE OF IDAHO
My Commission expires
Page 1 of 1
K:\Planning DeptTagle Applications\CPA\2002\CPA4-02&A-03-02&RZ-5-02 MOD7 da affidavit PMAASP doc
EXHIBIT"A4"
Affidavit of JEFFREY A.DEVOE on behalf of JAD Holdings,LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
JEFFREY A. DEVOE,who being first duly sworn under oath,deposes and says:
1. I am JEFFREY A. DEVOE, who is the Manager of JAD Holdings, LLC, whose mailing
address is c/o Hawkins Companies, 855 West Broad Street, Suite 300, Boise, ID, 83702
("JAD Holdings,LLC").
2. JAD Holdings, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, attached hereto(the"Property").
3. JAD Holdings, LLC, authorizes the submission of the Property to certain Development
Agreement Modification pursuant to the provisions set forth in Idaho Code Section 67-
651 lA and Eagle City Code Section 8-10-1 dated the 1(.p day of fe,62 jk4VA j , 2022 by
and between the City of Eagle, a municipal corporation in the State of Idaho,a d Jeffrey A.
Devoe, JAD Holdings,LLC. (the"Agreement").
DATED this_do day of , 2022.
By: JAD Holdings, LLC, an Idaho limited liability
company
By:(11� W
TlfUeVoe, Manager
SUBSCRIBED AND SWORN to before me this 2 day of 2022.
TESSA TAYLOR kill L
COMMISSION OW Not Public for Idallo
NOTARY PUBLIC Residing at B2 Idaho
STATE OF IDAHO My Commission expires
Page 1 of 1
K:Tlanning Dept\Eagle ApplicationsTPA\2002TPA-0-02&A-03-02&RZ-5-02 M0137 da affidavit JAD doc
f I EXHIBIT B
I I
I I
c �
II I
Shy _
�Am
I I s
I I lax
I i .
I I
I I
I I ;
I I �
I I es i
I I �
I I � nll'lln
• ! I = I�TTfITII —
� I I
I I
D y
I I
I I —
I !
s :
I
I I
niii
uIll
p I I =
r'l� I I 0
I I
r 1 I
OZ I I
k I
I
y
� I I
O
N
.
NET
� 58gaE - o x
cr
C •�.8'= w =toN9o�Neo o$ux: a �$ a��.a°'e� - _. ,.