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Development Agreement - 2022 - DA Modification Great Sky Estates Sub No. 7 (RZ-14-00 MOD2) - 5/12/2022 ADA COUNTY RECORDER Phil McGrane 2022-047576 BOISE IDAHO Pgs=5 HEATHER LUTHER 05/17/2022 02:31 PM CITY OF EAGLE, IDAHO NO FEE Recording Requested By and When Recorded Return to: Planning and Zoning Adrn inistrator 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 BCF REALTY, LNC. ( "Owner"). WHEREAS, the Owner is the owner of record of certain real estate which was sub'iect to all application for modification of development agreement, identified as Eagle Rezone Modification Application No. R-Z-1 114-00 MOD, and WHEREAS, the proposed development agreement modification includes properties within an area current1v zoned .lvl[J-DA (Mixed Use with a development azo.,rcement); and WHEREAS, all provisions with the Development Agreernent recorded under Instrument No. 101134699 are, in, and shall remain, in fill] force and effect, except that, conditions of development 2.5 arid 2.14 is amended ended as stated herein. WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a development agreement,included as Exhibit`"A"; and WHEREFORE, the Owner and the Cit'y of Eagle desire to resolve the issues and Concerns that have arisen and for and in consideration of the mutual covenants contained in the Deveopment Agreement recorded under Instrument No. 1011-14699,the modification is agreed to as follows: ARTICLE I MODIFIED CONDITIONS OF DEVELOPMENT 2.5 For the 1.66-acres planned for commercial buildings noted in section 2.4 above, the only allowed uses shall be as follows: Permitted�P)` I tT Jses: -Horticulture (general) -Horticulture(limited) -Roadside stand(temporary structure) -Rome Occupatioll Page ] of Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83 616 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 BCF REALTY, INC. ("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-14-00 MOD; 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. 101134699 are in, and shall remain in full force and effect, except that, conditions of development 2.5 and 2.14 is amended as stated herein. WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a development agreement included as Exhibit"A"; 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. 101134699,the modification is agreed to as follows: ARTICLE I MODIFIED CONDITIONS OF DEVELOPMENT 2.5 For the 1.66-acres planned for commercial buildings noted in section 2.4 above,the only allowed uses shall be as follows: Permitted(P)Uses: -Horticulture (general) -Horticulture (limited) -Roadside stand(temporary structure) -Home Occupation Page 1 of 4 KAPlanning DeptTagle ApplicationsTZ&A\2000W14-00 MOD2 da cc fnl ver.doc -Planned Unit Development -Beauty/Barber Shop -Bed and Breakfast facility -Catering Service -Childcare(family) -Christmas Tree Sales -Church -Clinic -Communications Facilities -Office, Business and Professional -Parking Lot, Parking Garage -Personal Wireless Facilities (Height 35 feet or less) -Personal Improvement -Professional activities -Limited Retail Sales (up to 2,000 square feet) Uses Requiring a Conditional Use Permit -Childcare (Daycare Center) -Childcare (Group) -Flex Space -Kennel -Mortuary -Nursery,Plant Materials -Nursing/Convalescent Home -Industry Research and Development -Research Activities -Public Service Facilities -School,Public or Private. 2.14 The commercial parcels noted on the plat as Lots 21-25, Block 11, shall be permitted to have zero (0) side setbacks along the common parcel lines between said lots. The side lot line (west property line) of Lot 22, Block 11, shall be 10-feet. Lots 23, 24 and 25, Block 11 shall be permitted to have zero rear setbacks along the common parcel lines between said lots. All other setbacks for these lots shall be measured from the subdivision boundary lines. Page 2 of 4 KAPlanning DeptTagle App11cations\RZ&A\.2000\RZ14-00 MOD2 da cc fnl ver.doc ARTICLE II GENERAL MATTERS Enforceable Provisions. The original Development agreement, instrument number 101134699, 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 , 2022 CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Ja on fierce, Mayor ATTEST: ••O-T �j•• racy E. rn, City C lerl�: p: a • •00 •••••••• STATE OF IDAHO ) •.,,,�� ,•.• ss. County of Ada ) On this III day of M , 2022, before the undersigned notary public in and for the said state, personally appeared JA ON PIERCE, known and 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 WITNESS WHEREOF, I have hereunto set m hand and seal the day and year first above written. `,,,��i,f�,,.. 4 CS,64V •. �► p •. •J*IV40TA AJr •,� • 0 Not ublic for Idaho PUBLIC • Residing at: My Commission Expires: 'L 1 aF Page 3 of 4 KAPlanning DeptTagle App11cat1ons\RZ&A\2000\RZ14-00 MOD2 da cc fnl ver.doc OWNER: BCF REALTY, By: Alexa'idr Pal a Gen vesi,Member STATE OF IDAHO ) ss. County of Ada ) 2022 before the undersigned Notary On this � day of MM4 g Public in and for the said state, personally appeared AlikXANDRE PAVLA GENOVESI, known or identified to me to be a Member of BCF REALTY, INC., 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. SE C •.•••• Notary Public for Idaho Residing at: W V tAOTgRY Z�„� My Commission Expires: 3 5 �D = : �•� • OP PUB L1C ,'I V_ •••, ��pl OF • Page 4 of 4 KA\Planning DeptTagle App11cations\RZ&A\2000\RZ14-00 MOD2 da cc fnl ver.doc EXHIBIT "A" Affidavit of ALEXANDRE PALVA GENOVESI on behalf of BCF REALTY,INC. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) ALEXANDRE PALVA GENOVESI,who being first duly sworn under oath, deposes and says: 1. I am ALEXANDRE PALVA GENOVESI, who is a Member of BCF Realty, Inc., whose mailing address is 14520 Jumper Road, Wellington, FL, 33449 ("BCF Realty, Inc."). 2. BCF Realty, Inc. is the fee simple owner of Lot 22, Block 11, Great Sky Estates Subdivision No. 7 (the "Property"). 3. BCF Realty, Inc. 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 the day of , 2022, by and between the City of Eagle, a municipal corporation in the Sta e of Idaho, and Alexandre Pavla Genovesi, BCF Realty, Inc. (the"Agreement"). DATED this (/ day of , 2022 By: BCF Real , By: Alex re Pa novesi SUBSCRIBED AND SWORN to before me this day of 1,Vall 2022. 04,► 0 •f.,� Notary Public for Idaho ••• ..•••.R?'` '•. Residing at , Idaho •• •�°' ?o?o My Commission xpires ft • 7 4!» NOTARYlaw e" N: �VE3 L1 ho Obw ��;kft, �I OF Page 1 of 1 KAPlanning DeptTagle Applications\RZ&A\2000\RZ-14-00 MOD2 da affidavit.doc