Development Agreement - 2017 - Jackson's Food Store/Mustang Crossing Vacation - 10/5/2017Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich 2017-101445
BOISE IDAHO Pgs=18 VICTORIA BAILEY 10/24/2017 12:02 PM
EAGLE CITY NO FEE
11111111/ III II II I II I II II 1111 III 11111111111111 I III
00424248201701014450180"184
DEVELOPMENT AGREEMENT
For Recording Purposes Do
Not Write Above This Line
This Development Agreement (this "Development Agreement"), 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 Jacksons Food Stores, Inc. ("Owner").
WHEREAS, the Owner is the owner of record of certain real estate located at 3950 W. State
Street, Lots 1,4 and 9, Block 2 of the Amended Plat of Flint Estates, Eagle, Idaho, ("Property"), as
specifically defined in the attached legal description (Exhibit "A") and shown on the Concept Plan
(Exhibit "B") which is the subject of an application for a Rezone from Mixed Use with a Development
Agreement (MU -DA) to Mixed Use with a Development Agreement (MU -DA) to provide a new
Development Agreement for the Property; and
WHEREAS, the proposed development includes properties within an area currently zoned MU -
DA; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of this project upon the Property must be limited with the use of a development agreement to
prevent undue damage to, and to otherwise be in harmony with, the existing community; and
WHEREAS, the Owner and the City of Eagle desire a MU -DA zoning designation for
development of the Property that focuses on a mix of commercial uses to promote economic growth and
development in this area and along State Highway 44 in accordance with the Eagle Comprehensive Plan;
and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Property was previously zoned MU and subject to a development agreement which
was executed January 15th, 2008 and recorded with the Ada County Recorder as Instrument Number
108005081; but that development agreement has expired and the Owner and the City desire to enter into a
new Development Agreement covering the development of the Property; and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to development of the Property in accordance
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with a MU -DA (Mixed Use with a Development Agreement) zoning designation for the Property with the
additional rights and requirements set forth in this Development Agreement; and
WHEREAS, the Development Agreement is being utilized in lieu of a PUD (Planned Unit
Development) for the MU zoning designation as allowed in the Eagle City Code; and
WHEREAS, the Owner and the City desire that the purpose of this PUD shall be for a mixture of
commercial development of the Property and that any residential components of PUDs will not be applied to
the Property;
WHEREAS, Eagle City Code allows for up to 10% of the gross land area for uses that are not
otherwise allowed within the Zoning District for a PUD as long as favorable findings are made by the council;
and
WHEREAS, a maximum of approximately 1.12 acres of development is proposed for a convenience
store with fuel service which is no more than ten percent (10%) of the subject site and may be allowed within
the MU Zoning District with the Development Agreement being used in lieu of a PUD as permitted in the
Eagle City Code; and
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit "C") pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same; and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; 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 herein, it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted an ordinance amending the Eagle Zoning Ordinance to rezone the Property to MU -DA,
subject to the provisions of a Development Agreement. Ordinance #595 became effective after its passage,
approval, and publication January 14, 2008, and Ordinance #595 will continue to be effective after the
execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions, limitations and rights set forth in this
Development Agreement. Further, Owner will 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, which shall comply with the
Eagle City Code, as it exists at the time such applications are made except as otherwise provided
within this Agreement.
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3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code),
and shall comply with all conditions required by Eagle as a part of the Design Review prior to
issuance of a building permit.
3.3 The Concept Plan (Exhibit "B") represents the Owner's current concept for completion of the
Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur or be required. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as
may be required by the City. Phase 1 of the development of the Property includes the development
of the convenience store with fuel service and the required roads and improvements as shown on
Exhibit "D." The Subsequent phase(s) of the development under the Concept Plan will proceed in
accordance with applicable City Code provisions and this Development Agreement.
3.4 The Property as depicted on the Concept Plan is to be developed with a combination of office and
commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations" under the MU zoning designation (except as permitted in Section 3.6 below).
Buildings shall not exceed 20,000 -square feet in size, however, the City may allow building
footprints larger after a public hearing on the proposed change as noted in Section 3.3. Buildings in
excess of 30,000 square feet are prohibited.
3.5 The setbacks shall be as follows (as measured from the perimeter of the site):
Front (south property line) 20 -feet
Rear (north property line) 20 -feet
Side (east property line) 7.5 -feet
Street Side (west property line) 20 -feet
Side (interior) 0 -feet
Maximum coverage 92%
Maximum building height 35 -feet (any exceptions to the maximum height requires a
conditional use permit)
3.6 Except for the limitations and allowances expressly set forth above and the other terms and
conditions of this Agreement, the Property can be developed and used consistent with the Mixed Use
Land uses allowed by 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 (whatever the
case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within the Eagle City Code
Section 8-2-3 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 as provided herein.
The following uses are shown and "C" conditional uses under the MU zoning designation within the
Eagle City Code Section 8-2-3, shall be permitted uses on the Property:
• Arts and Crafts Show
• Bed and Breakfast Facility
• Childcare (Daycare Center or Group)
• Commercial Entertainment Facilities (indoor)
• Government Building, Office
• Laboratories
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• Laundromat
• Laundry, drive up service
• Library
• Microbrewery
• Museum
• Nursing Convalescent Home
• Retail Sales general/limited
• Retail/office buildings
• Research Activities
In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows up
to ten percent (10%) of the gross land area may be directed to other commercial uses that are not
allowed within the land use district, a Convenience Store with Fuel Service use (shown on Concept
Plan as Jacksons C -Store) shall be a permitted use as conditioned herein.
In addition to all other uses prohibited within the section of Eagle City Code the following uses shall
also be prohibited on the Property:
• Adult Business
• Ambulance Services
• Boarding or Lodging House or Dormitory
• Cemetery
• Circuses and Carnivals
• Drive In Theater
• Equipment Rental and Sales yard
• Golf Course
• Hospital
• Horticulture (general and limited)
• Kennel
• Public Service Facilities
• Residential Mobile Home (Single Unit)
• Residential Mobile Home (Single Unit temporary living quarters)
• Riding Academies, Stable
• Small Engine repair
• Storage (fenced area)
3.6.1 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall include a minimum forty-eight inch (48") berm (measured
from the centerline of the adjacent roadway) adjacent to the drive-thru lanes or a minimum forty-
eight inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce
the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing).
3.7 The area identified on the Concept Plan (Jacksons C -Store) permitted to contain a Convenience
Store with Fuel Service is subject to the following minimum conditions:
3.7.1 The Property is platted in three parcels as shown on the Amended Plat of Flint Estates. The
Convenience Store with fuel service shall be located on modified Lot 9, Block 2 in the
southwest corner of the Property. The total size of the parcel containing the convenience store
with fuel service shall not exceed ten percent (10%) of the gross area of the Property (11.22
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acres). The Owner desires to adjust the lot lines of said parcel which will be accomplished by
the Owner submitting a Lot Line Adjustment application with its application for a rezone and
following the applicable city procedures and requirements with the parcel being subject to the
aforementioned size limitation.
3.7.2 The convenience store and fuel station canopy shall be oriented as shown in the Concept Plan
noted in Section 3.3. The convenience store and fuel station canopy design will incorporate
the "Tudor" architectural style (Exhibit "E") and shall be architecturally compatible with the
commercial buildings located within the development and other development in the vicinity.
The proposed architecture is subject to change at the discretion of the Design Review Board
and/or City Council. Owner shall submit a design review application for the proposed building
(as required by Eagle City Code) and shall comply with all conditions required by the Design
Review Board and/or City Council prior to the issuance of a zoning certificate.
3.8 The commercial/retail/office buildings shall be constructed utilizing "Tudor" style architecture as
identified within the Eagle Architecture and Site Design Book. As individual buildings go through
the design review process, Owner shall demonstrate the complimentary relationship, in terms of
building height and style, to adjacent existing or proposed buildings within the development in order
to produce a compatible and desirable development.
3.9 Owner shall provide a property use and common area maintenance agreement "Agreement"
containing conditions, covenants and restrictions for the Property which shall contain at least the
following:
(a) An allocation of responsibility for maintenance of all community and privately owned
pressurized irrigation facilities, parking lots and amenities. The repair and maintenance
requirement shall run with the land and that the requirement cannot be modified and that the
Agreement cannot be dissolved without the express consent of the city.
(b) A requirement that all common landscaped areas are to be privately owned but shall be
described in and subject to a reciprocal easement allowing for common use by all property
owners within the development. The Agreement shall provide that a designated property owner
or group (i.e. business owner's association) shall have the duty to maintain and operate all the
landscaped areas in a competent and attractive manner, including watering, mowing, fertilizing
and caring for shrubs and trees in accordance with Eagle City Code, in perpetuity.
(c) A requirement for the placement of street trees located behind the attached sidewalks.
(d) A requirement insuring compliance with design guidelines approved with this Development
Agreement. To assure compliance with this condition, the applicant shall create an Architectural
Control Committee (ACC) as a component of the Agreement. Provisions regarding the creation
and operating procedures of the ACC shall be included in the Agreement, and shall be reviewed
and approved by the City prior to the issuance of a zoning certificate for the site. The submittal
of the building permit application to the City for each building within the development shall be
accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approval letter attached will not be accepted. To assure
compliance with the conditions of approval herein, the City reserves the right to deny, at its
discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board.
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(e) requirement that in the event any of the terms of the Agreement are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The terms of the Agreement are to be subject to all rules,
regulations, laws and ordinances of all applicable government bodies. In the event a
governmental rule, regulation, law or ordinance would render a part of the Agreement unlawful,
then in such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance.
3.10 All common areas are to be privately owned but shall be described in and subject to a reciprocal
easement allowing for common use by all property owners within the development as provided in the
Agreement. The Agreement shall require that a designated property owner or group (i.e. business
owner's association) will be responsible to maintain all common areas for the development. The
Owner shall provide a copy of the Agreement (which include a similar statement regarding common
areas) for review and approval by the City Attorney prior to the issuance of a zoning permit.
3.11 The development shall incorporate pedestrian amenities which encourage pedestrian use of the
corresponding facilities such as outdoor drinking fountains, benches, tables, etc. The amenities shall
be reviewed and approved by the Design Review Board prior to the construction of said amenities in
the applicable phase or portion of the Property that is being developed.
3.12 The development shall include a ten foot (10') wide buffer area adjacent to the northern boundary of
the Property as noted in the Concept Plan. The ten foot (10') wide buffer area shall contain a pre -cast
concrete fence six -feet (6') in height. The pre -cast concrete fence shall be constructed with the
second phase of the development. As noted in the Concept Plan, the development shall include the
required buffer area adjacent to N. Park Lane and State Highway 44 based upon the location of the
parking areas and buildings per Eagle City Code.
3.13 Owner shall submit a design review application with each portion or phase of the Property that is
being developed showing at a minimum the following as applicable: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common areas
throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house (if proposed), 4) landscape screening details of any irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, bike racks,
and/or similar amenities, 7) design of ponds (if any) to be constructed in reference to mosquito
abatement. The design review application shall be reviewed and approved by the Eagle Design
Review Board prior to commencing construction of the applicable structure(s).
3.14 All living trees, if any, that do not encroach upon the buildable area on any lot shall be preserved,
unless otherwise determined by the Design Review Board. A detailed landscape plan showing how
the trees, if any, will be integrated into the open space areas (unless approved for removal by the
Design Review Board) shall be provided for Design Review Board approval prior to the submittal of
a final plat.
3.15 Owner shall provide pedestrian and bicycle public access to State Highway 44 and the subdivision to
the North as shown on the Concept Plan noted in Section 3.3. The public access to the pathway
shall be reviewed and approved by the Design Review Board prior to issuance of a zoning
certificate. The pedestrian and bicycle facilities shall be constructed prior to issuance of a certificate
of occupancy for the convenience store with fuel service. The pathway located adjacent to State
Highway 44 shall be completed across the entire frontage of the Property in its entirety prior to
issuance of a certificate of occupancy for the convenience store with fuel service.
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3.16 The location of parking areas and structures on the convenience store parcel will comply with the
Concept Plan. All other building placement shall be designed such that parking areas are not
concentrated between the buildings and State Highway 44. The building placement and parking area
locations, for each phase or proposed improvement thereafter, shall be reviewed and approved by the
Design Review Board prior to issuance of a zoning certificate.
3.17 Provide a license agreement with ACHD approving any landscaping located in the public right of
way abutting the western boundary of the Property (N. Park Lane) prior to commencing construction
of the convenience store.
3.18 Owner shall dedicate right of way to ACHD in the northwest corner of the Property as required by
ACHD and as generally noted in the Concept Plan. Said right of way provides a connection between
N. Sauer River Ave. in the development along the east side of N. Park Lane to the north of the
Property, N. Park Lane and the private internal roads within the development.
3.19 The portions of the internal roads and drive aisle that are noted in Exhibit "D" will be completed in
conjunction with the completion of the convenience store. The aforementioned roads and drive aisle
must be completed before a certificate of occupancy will be issued for the convenience store.
3.20 The development to the east of the Property includes a road stubbed to the Property. If the owner of
the property to the east is subject to a lawful requirement to provide connectivity between its
property and this Property, Owner will provide connectivity with the adjacent property to the East.
As part of any development of the remainder of the Property subsequent phases following Phase 1,
Owner will provide a cross access agreement with the adjacent property owner to the east. The
cross -access agreement shall be executed, recorded and referenced prior to the issuance of a zoning
certificate for development of future phases of the Property.
3.21 The sidewalk located adjacent to North Park Lane shall be separated from the edge of the roadway
by a minimum eight foot (8') wide landscape strip.
3.22 Owner shall provide documentation from the Idaho Transportation Department approving the access
points to State Highway 44 prior to the city issuing a zoning certificate for the site. Also, the Owner
shall comply with the recommendations identified in the correspondence received from the Ada
County Highway District, dated May 19, 2017, prior to the city issuing a certificate of occupancy for
the convenience store with fuel service.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property, attached hereto and incorporated by reference, wherein the
owner(s) agree(s) to subject the Property to this Development Agreement (Exhibit "C") and be bound
thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 shall be provided.
ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30) days
of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other
rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements
contained in this Development Agreement or to terminate the Development Agreement following the
process established in Eagle City Code Section 8-10-1 and in accordance with the notice and hearing
provisions of Idaho Code 67-6509.
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5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, the prevailing party shall be entitled to recover all direct out-of-pocket costs so incurred to
cure or enjoin such default and to enforce the commitments contained in this Development Agreement,
including attorneys' fees and court costs.
5.3 In the event this Development Agreement is terminated pursuant to this Article V, use of the Property
shall be limited to those uses allowed within an A -R (Agricultural -Residential) zoning designation
until Eagle enacts and records an ordinance changing the property to the A -R (Agricultural -
Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement
or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s)
(or other appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal
representatives, successors, and assigns; provided, however, that if all or any portion of the development is
sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paraeranh Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
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8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: Jacksons Food Stores, Inc.
Attn: Robert Teffeteller, General Counsel
3450 E. Commercial Court
Meridian, ID 83642
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit
in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after
timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide
adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees
and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owner an
estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner
shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the
work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees,
adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle
and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the
deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit,
and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then
following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial
assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the
amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a
letter of credit), the Owner shall replenish the financial assurance and shall become current as to all
outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to
the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the
financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owner, exercise any or all of the following remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Proj ect;
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C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project suretyfinancial guarantee of performance collected pursuant
to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy available
at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 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 WITNESSREOF, the parties have executed this Development Agreement.
DATED this J day ofc, 2017.
CITY OF EAGLE, a municipal corporation organized
and exist' • - = - . • f t- tate of Idaho
11 t"
By:
Stan Ridgeway, Mayor
A ► EST:
•••••uu••••
,,•• p.
•
on .. B-rgmann, Ci
' i ksons Food Stores, Inc/
•�•••.••a..ss' B
John D. Jatks no , President
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STATE OF IDAHO )
. ss.
County of Ada )-'p
On this day of (i�►. , 2017, before the undersigned notary public in and for
the said state, personally appeared JOHN D. JACKSON, known or identified to me to be the President of
Jacksons Food Stores, Inc., the owners of the property referenced herein and the persons who executed the
foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
Q's v-
.
• 4•••r►
0`
pqTE OF �P,•
Notary Public for Idaho
Residing at: Bi ice { 1f)
My Commission Expires:, 1 2
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INDEX OF EXHIBITS
A Legal Description
B - Concept Plan
C - Affidavit of Owner
D Phase 1 Concept Plan
E Jacksons Food Store Elevations
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Lot 4, and Lot 9. Block 2 of Amended Plat Flint Estates, according to the plat thereof, filed in
Book 45 of Plats at Pages 3713 and 3714m records of Ada County, Idaho.
RECEIVED & FILED
CITY OF EAGLE
APR 2 0 2017
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JACKSONS - PARK LANE DEVELOPMENT
Anewmtcts
EXHIBIT "C"
Affidavit of JOHN D. JACKSON on behalf of Jacksons Food Stores, Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
JOHN D. JACKSON, who being first duly sworn under oath, deposes and says:
1. I am JOHN D. JACKSON, who is the President of Jacksons Food Stores, Inc., whose
mailing address is 3450 East Commercial Court, Meridian, ID 83642 ("Jacksons Food Stores, Inc.").
2. Jacksons Food Stores, Inc., is the fee simple owner of the parcel of real property
described on Exhibit A, attached hereto (the "Property").
3. Jacksons Food StoreInc., authorizes the submission of the Property to certain
Development Agreement dated the day of { , 2017 pursuant to the provisions set
forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of
Eagle, a municipal corporation in the State of Idaho, and John D. Jackson, Jacksons Food Stores, Inc. (the
"Agreement").
DATED this day of '%2017.
By: Jacksons)ood Stores, Inc.
By:
John D. Jac on, President
SUBSCRIBED AND SWORN to before me this 5+kday of 6 -4 -the ; 2017.
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