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Development Agreement - 2017 - Terra View MOD 2 - 4/24/2017Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO Pgs=4 BONNIE OBERBILLIG EAGLE CITY 2017-040973 05/091201712:30 PM NO FEE 11I11II1111III III11IIIIII11IIIIIIIII11IIIIII11III 00359894201700409730040047 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 Terra View, LLC, ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately 287.6 -acres generally located at the northeast corner of State Highway 16 and West Beacon Light Road, Eagle, Idaho, ("Property"), as specifically defined in Development Agreement recorded under Instrument No. 109021224; 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. 109021224 and Development Agreement Modification recorded under Instrument No. 112020312, are in, and shall remain in full force and effect, except that, conditions of development 3.2 is amended as stated herein. WHEREAS, the Owner) has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit A) pursuant to Eagle City Code Section 8-10- 1(C)(1) and be bound by same; 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. 109021224 and the Development Agreement Modification recorded under Instrument No. 112020312, the modification is agreed to as follows: Page 1 of 3 K:\Planning Dept \Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 da cc fid ver.doc ARTICLE I MODIFIED CONDITIONS OF DEVELOPMENT 3.2 Owner shall develop the Property subject to the conditions and limitations set forth in this Agreement. Owner shall also submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. Owner shall submit a preliminary plat for all or a portion of the Property within three (3) years of the current deadline of February 25, 2017. Prior to the termination of the three (3) year time period the applicant shall be permitted an additional two (2) year extension of time under the criteria in the code that exists at the time the extension of time application is submitted. An approved preliminary plat shall expire two (2) years following action by Eagle City Council, or after any additional period of time as may be approved by Eagle City Council, not to exceed an additional three (3) years, which approval shall not be unreasonably withheld. All preliminary plat applications must be submitted within fifteen (15) years after the initial preliminary plat has been approved by Eagle City Council. A final plat application must be submitted to Eagle prior to the expiration of the applicable preliminary plat. In the event that final plat applications in connection with portions of a preliminary plat are submitted in an orderly and reasonable manner in intervals not to exceed one (1) year following the recordation of the last final plat, such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval. A final plat shall be recorded in two (2) years following Eagle City Council action on the final plat; provided however, Eagle City Council may approve the extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of time not to exceed three (3) years to facilitate the completion improvements required by the applicable sections of Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle City Council may require Owner to adhere to subdivision ordinances and resolutions in effect at the time the extension is requested. ARTICLE II GENERAL MATTERS Enforceable Provisions. The original Development agreement, instrument number 109021224 and Development Agreement Modification, instrument number 112020312, remains in full force and effect except as modified in Article I herein. Effective Date. This Development Agreement Modification shall be effective upon the signing and execution of this agreement by both parties. 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. Page 2 of 3 K:\Planning Dept\Eagle Applications \RZ&A\2007\RZ-23-07 MOD2 da cc fnl vcr.doc IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification. DATED this day of , 2017. ',,,,...,,,,,,,,,, ••,• �Y OFF ''', G• •''""••.q0 f'0%PUR 'sem t S *I. • �'/*: • S - 9 9~•.;:0 Stan Ridgeway, Mayor ATTEST: ••'••-'OF IDP`, ••'• CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idah Sharon K. Bergmann, City Cl r rk STATE OF IDAHO ) . ss. County of Ada ) OWNER: Terra View, LLC, an Idaho limited liability company By: Developers Services, Inc. an Idaho corporation, Its: Manr By: viv co ll, President On this day of . 2017, before the undersigned Notary Public in and for the said state, personally appeared BRIAN F. MCCOLL, known or identified to me to be the President of Developers Services, Inc., the Manager of Terra View, LLC, an Idaho limited liability company, the owner of the property referenced herein and the corporation 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. RONNI c'•,,�� No• '•rte ems. �.y • t • .G •• (4 :�•• <0L 0 o;••• r, ••• �DArHO����,� ••'• Page 3 of 3 K:'8lanntng Dept •Eagtc ApplicatinnstRZ&A\2007 RZ-23-07 MOD2 da cc fnl vac dot ?fT14 C ru4it nt-t'1llr\-11 Notary Public for Idaho Residing at: - s,e _ a_b My Commission Expires: 1-t s- - EXHIBIT "A" Affidavit of BRIAN F. MCCOLL on behalf of Terra View, LLC. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada BRIAN F. MCCOLL, who being first duly sworn under oath, deposes and says: 1. I am BRIAN F. MCCOLL, who is the President of Developers Services, Inc., an Idaho corporation and the Manager of Terra View, LLC, a limited liability company, whose mailing address is 3858 North Garden Center Way, Suite 200, Boise, Idaho, 83703 ("Terra View, LLC"). 2. Terra View, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. The Terra View, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho yode Section 67-6511A and Eagle City Code Section 8-10-1 dated the play of (ivy i1 , 2017 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Terra View, LLC (the "Agreement"). J�IO— DATED this /7 day of ��i%2// , 2017. OWNER: Terra View, LLC By: Developers Services, Inc, an Idaho corporation Its: Mana�r By: /I/ Briar. 11611, President SUBSCRIBED AND SWORN to before me this I day of Prix.% , 2017. Notary Public for Idaho Residing at ,,z� cam. , Idaho My Commission expires ‘-I-t -aa- Page 1 of 1 K \Planning Dcpt'•Eagle Applications .RZ&A\2007\RZ-23-07 MOD2 da affidavit doc ADA COUNTY RECORDING 200 W. Front Street Room 1207 Boise ID 83702 Comments: RECORDING Document # 2017-040973 Thank You Receipt #: 204566 Station: 13 Receipt Name: EAGLE CITY Recording Date Doc Type Doc Fee Add A/R 05/09/2017 12:30:54 PM REC-505: AGREEMENTS GENERAL Totals: $0.00 $0.00 Page 1 of 1 Receipt Date: 05/09/2017 12:31 PM Cashier: AUOBERBB Other $o.00 Total No Fee $o.00 Receipt Total $0.00