Development Agreement - 2018 - Crestpoint DA MOD - 9/20/2018Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle. Idaho 83616
ADA COUNTY RECORDER Phil McGrane 2019-014121
BOISE IDAHO Pgs=4 DAN RYALLS 02/21/2019 03:36 PM
EAGLE CITY NO FEE
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00594814201900141210040046
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 Crestpoint, LLC ("Owner").
WHEREAS. Crestpoint, LLC is the owner of record of certain real estate consisting of
approximately 7.74 -acres generally located at the southwest corner of West Hill Road and South
Edgewood Lane, Eagle, Idaho, ('`Property"), as specifically defined in Development Agreement recorded
under Instrument No. 2016-023967; and
WI IEREAS, 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. 2016-
023967 are in. and shall remain in full force and effect, except that, condition of development 3.9, is amended
as stated herein.
WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a
Development Agreement Modification (Exhibit A) pursuant to Eagle City Code Section 8-10-1(C)( I) 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 in the Development Agreement
recorded under Instrument No. 2016-023967. the modification is agreed to as follows:
ARTICLE 1
MODIFIED CONDITIONS OF DEVELOPMENT
3.9 The required setbacks shall be as follows (Exhibit E):
SB -1
Front 15 -feet Living/30-feet Garage
Rear 15 -feet
Side 3 -feet (Up to two -stories)
Street Side I0 -feet
Maximum Lot Coverage60%
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SB -2
SB -3
SB -4
SB -5
Front 15 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent
[maximum 400 -square -feet] of the building
footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
Front 5 -feet
Rear 5 -feet
Side 3 -feet (third story shall not exceed 20 -percent
[maximum 400 -square -feet] of the building
footprint)
Street Side 10 -feet
Maximum Lot Coverage 75%
Front 5 -feet (Access from Private Drive)
Rear 15 -feet
Side 3 -feet (Up to two -stories)
Maximum Lot Coverage 60%
Front 30 -feet
Rear 15 -feet
Side 15 -feet (Additional 5-feet/story)
Street Side I5 -feet
Maximum lot coverage 35%
The front elevation of the residential units located within areas SB -2 and SB -3 shall be varied to
prevent duplicate elevations. The front setback within areas SB -2 and SB -3 shall be varied so the
residential units do not create a row house appearance.
ARTICLE 11
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit A) 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 and is incorporated herein by reference.
ARTICLE III
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 2016-023967, remains
in full force and effect except as modified in Article I herein."
Effective Date. This Development Agreement Modification shall be effective atter delivery to each of the
parties hereto of a fully executed original of this Development Agreement Modification.
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1N WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this 2' day oft,-/T-c)10.9018.
ATTEST:
haron K. Bergmann, City Clerk
STATE OF IDAI 10
: ss.
County of Ada )
On this O day o � 1 . 2018, before the undersigned notary public in and for
the said state. personally appeared BRENT LANE, known or identified to me to be the Managing Member
of Crestpoint. LLC, owners of the property referenced herein and the person who executed the foregoing
instrument.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Stan Ridgeway, Mayor
Owner.
CRESTPO NT. LC
By:
Br; 1 Lane, anaging Member
IN WITNESS WHEREOF. 1 have hereunto set my hand and seal the day and year first above
7
written. _�� 1
Notary Public for Idah
Residing at: I --
My
My Commission Expires:
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EXHIBIT "A"
Affidavit of BRENT LANE on behalf of Crestpoint, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
BRENT LANE, who being first duly sworn under oath, deposes and says:
1. I am BRENT LANE, who is Managing Member of Crestpoint, LLC, whose mailing
address is 651 Los Luceros Drive, Eagle, ID, 83616 ("Owner").
2. Crestpoint, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A, of the original development agreement (Ada County instrument #2016-023967) (the
"Property").
3. Brent Lane authorizes the submission of the Property to certain Development Agreement
Modification pursuant to the g ovisions set forth in Idaho Code Section 67-6511 A and Eagle City Code
Section 8-10-1 dated the •)ay of C,rp;rM,,2018 by and between the City of Eagle, a municipal
corporation in the State of Idaho, and Brent Lane, Crestpoint, LLC (the "Agreement").
DATED this tiO4day of 'jOFr1= p R, 2018.
By: Crestpoint, LLC
By:
Br /t La , Managing Member
SUBSCRIBED AND SWORN to before ' this
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Notary Publicor Ida •
Residing at l �'
My Commission e
, 2018.
daho
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