Development Agreement - 2023 - Bellemeade Subdivision DA MOD (ACTIVE) - 4/28/2023 ADA COUNTY RECORDER Trent Tripple 2023-025015
BOISE IDAHO Pgs=3 NIKOLA OLSON 05/01/2023 09:37 AM
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 MADER.A DEVELOPMENT, INC. ("Owner").
WHEREAS, Owner is the owner of record of certain real estate consisting of two (2) lots (Lots 1
and 2, Block I, Flint Estates Amended Subdivision) located at 312 North Park Lane and 3850 West Flint
Drive, Ada County Parcel numbers R28605000I 0 and R2860500020 ("Property"), which is subject of an
application for rezone, identified as Eagle Rezone Application No. RZ-04-18 and which is subject to an
application for modification of development agreement, identified as Eagle Rezone Modification
Application No. RZ-04-18 MOD2 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, 2019-
089961 are in, and shall remain in full force and effect, except that, conditions of development 3.4, is
amended as stated herein.
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. 2019-089961 the modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.4 The setbacks and lot coverage shall be as follows:
Front: 31-feet(Garage)
21-feet(Living)
Rear: 15-feet
Interior Side: 0-feet/5-feet(if detached)
Street Side: 21-feet(hying), 31-feet(garage)
Maximum Lot Coverage: 60%
The development may contain 60% single-story dwellings (with a maximum plate height of 10-feet
and maximum building height of 25-feet) and 40% two-story dwellings. The two-story dwellings
shall be located along the northern property line and within the center housing area of the subdivision.
Page 1 of 3
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ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, Instrument No. 2019-089961, 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,62..5dav of 441 , 2023.
CITY OF EAGLE, a municipal corporation organized
and exi.4king tpadgi:the laws of the State of Idaho
JaQnIlerce, Mayor
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Tracy E. ,6rn, City Clerl ,
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STATE OF IDAHO )
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County of Ada
On this 1-5 day of /IVY% , in the year 2023,before me, the undersigned, a Notary
Public in and for said State, personally appeared JASON PIERCE,known to me to be the MAYOR of
said municipal corporation that executed this instrument and the persons who executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the
same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written.
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OWNER: MADERA DEVELOPMENT,INC.
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Tiiomas Ricks, President
STATE OF IDAHO )
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County of Ada )
On this .N day of >` - ,2023,before the undersigned notary public in and for
,
the said state,personally appeared THOMAS RICKS, known and identified to me to the President of
MADERA DEVELOPMENT, INC.,known or identified to me to be the owners 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.
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Page 3 of 3
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