Development Agreement - 2018 - Picadilly Village Subdivision MOD - 3/30/2018Recording 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=6 BONNIE OBERBILLIG
EAGLE CITY
2018-030155
04/05/2018 12:55 PM
NO FEE
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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 Old Town I, LLC, ("Owner"). Upon recordation of this Development Agreement
Modification, that certain Development Agreement Modification recorded in the real property records of
Ada County, Idaho, on April 21, 2017, as instrument #2017-035055 (the "First Development Agreement
Modification")(RZ-09-00 MOD) shall be void and of no further force or effect.
WHEREAS, the Owner is the owner of record of certain real estate consisting of approximately
2.36 -acres (Lot 12 and 14, Block 1, Piccadilly Village Subdivision) generally located at the southeast and
southwest corners of East Hill Road and South Echohawk Lane at 207 and 220 South Echohawk Lane,
Eagle, Idaho, ("Property"), as specifically defined in Development Agreement recorded under Instrument
No. 101099270; and
WHEREAS, the proposed development agreement modification includes properties within an area
currently zoned MU -DA -P (Mixed Use with a development agreement — PUD); and
WHEREAS, Site Specific Condition of Development #17, contained within the findings of fact
and conclusions of law document for Picadilly Village PUD(RZ-9-00/CU-9-00/PPUD-6-00/PP-9-00)
identifies the "Permitted Uses" and "Uses Requiring a Conditional Use Permit" and those uses that are in
conflict with this Development Agreement Modification the Development Agreement Modification shall
prevail; and
WHEREAS, all provisions with the Development Agreement recorded under Instrument No.
101099270 are in, and shall remain in full force and effect, except that, conditions of development 2.6 is
amended as stated herein.
WHEREAS, the Owner(s) has provided Eagle with affidavits agreeing to submit the Property to a
Development Agreement (Exhibit Al and A2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same; and
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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. 1101099270, the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres
planned for commercial buildings noted in section 2.4 (Instrument # 101099270).
Permitted Uses
-Horticulture(general)
-Horticulture(limited)
-Roadside Stand (temporary structure)
-Home Occupation
-Planned Unit Development
- Artist Studios
-Bed and Breakfast Facility
-Beauty/Barber Shop
-Catering Service
-Childcare Facility (Daycare Center) permitted on Lot 12, Block 1, with business hours limited to
7:00 a.m. to 7:00 p.m. and with direct access to be located at Wooddale Avenue and with any
access at Echohawk Lane restricted to emergency access only.
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Electronic Sales, Service, or Repair Shop
-Emergency Health Care
-Emergency Services
-Food and Beverage Sales
-Health Clubs, Spas, Weight Reduction Salons
-Home and Business Services
-Laboratories
-Office, Business and Professional
-Office, Medical and Dental
-Nursing/Convalescent Home (Lot 14, Block 1 only)
-Parking Lot, Parking Garage
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-Personal Improvement
-Personal Services
-Personal Wireless Facilities (Height 35 -feet or less)
-Photographic Studio
-Printing and/or Blueprinting
-Professional Activities
-Restaurant (no drive thru, up to 2,500 -square feet) (Lot 14, Block 1 only) — additional square
footage may be permitted if approved in writing by the Piccadilly Village Homeowner's
Association. The HOA approval shall be provided with the submittal of a design review
application.
-Limited Retail Sales (up to 8,400 -square feet)
Uses Requiring a Conditional Use Permit
-Flex Space
-Mortuary
-Nursery, Plant Materials
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
All commercial structures shall be limited to one (1) story in height and designed with a residential
character with pitched roofs. The aesthetics and design of the commercial structures shall be
reviewed and approved by the Piccadilly Village Subdivision Homeowner's Association. Written
approval of the architectural design from the Piccadilly Village Subdivision Homeowner's
Association shall be submitted with the design review application.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 1101099270, 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 WIJREOF, the parties have executed this Development Agreement Modification.
DATED this 3(9 day of 4H ,
, 2018. ,,, a
•`��of EA C
• ATTEST:
CITY OF EAGLE, a municipal corporation org�i�e�•• � R •••.�' �.
and exisg under the laws of the State of Ida1ID G••o�e ASF • I
By: A '/ , ra/
Stan Ridgeway, Mayor _
•
%. � •a �oui'OR•'C� �• ,�•
TE�OF
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Sharon K. Bergmann, City CI rk
STATE OF IDAHO
. ss.
Owner:
Old Town I„L
By:
M Butler, Member
By:
Linda S. Western, Member
County of Ada )
On this2 -1 day of "-r- c' L- , 2018, before the undersigned notary public in and for
the said state, personally appeared MARK L. BUTLER, known or identified to me to be a Member of Old
Town I, LLC, the owner of the property referenced herein and the persons who executed the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
STATE OF IDAI 10
. ss.
County of Ada )
Notary Public for Idaho
Residing at:. ;
My Commission Expires: 1- V4
6114
On this Z day of %a r c_.L , 2018, before the undersigned notary public in and for
the said state, personally appeared LINDA S. WESTERN, known or identified to me to be a Member of
Old Town I, LLC, the owner 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
Notary Public f5if Idaho (�
Residing at: 6.4-,
My Commission Expires: 1-
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EXHIBIT "Al"
Affidavit of MARK L. BUTLER on behalf of Old Town I, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
MARK L. BUTLER, who being first duly sworn under oath, deposes and says:
1. I am MARK L. BUTLER, who is a Member of Old Town I, LLC, whose mailing address is
P.O. Box 314, Eagle, ID, 83616 ("Old Town I, LLC").
2. Old Town I, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Old Town I, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions mkt forth in Idaho Code Section 67-6511 A and Eagle
City Code Section 8-10-1 dated the 2 day of /1 j/}2('J-L , 2018 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Mark L. Butler, Old Town
I, LLC. (the "Agreement").
DATED this day of / V LC f -i , 2018.
By: Old Town I, LLC
Bv:
L. utler, Member
SUBSCRIBED AND SWORN to before me this 2. day of -kek rvL. 2018.
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EXHIBIT "A2"
Affidavit of LINDA S. WESTERN on behalf of Old Town I, LLC.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
LINDA S. WESTERN, who being first duly sworn under oath, deposes and says:
1. I am LINDA S. WESTERN, who is a Member of Old Town I, LLC, whose mailing address
is 7730 North Rooney Avenue, Boise, ID, 83714 ("Old Town I, LLC").
2. Old Town I, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. Old Town I, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle
City Code Section 8-10-1 dated the j day of /114/2c,1j , 2018 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Linda S. Western, Old
Town I, LLC. (the "Agreement").
DATED this day of ,4 LI- , 2018.
By: Old Town I, LLC
By:
Linda S. Western, Member
SUBSCRIBED AND SWORN to before me this2 1 day of `1"\c,— (c, 2018.
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