Development Agreement - 2023 - Old Valley Road Flex Space - 10/10/2023 ADA COUNTY RECORDER Trent Tripple 2023-059497
BOISEIDAHO Pgs=11 CHE FOWLER 10/19/2023 03:34 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
When Recorded Renum to
City o r E a-&jl e
660 E Civic Line
P.O. Box lf"2N)
Eagle, Idaho 83616
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For Recording Pr rposles Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agrecanent, made and entered into ort the date as ;ndicated herein, by arid
between the CITY OF EAGLE, a municipal corporation in the State of Idaho("City"). by and through its
Mayor,and"TST OLD VALLEY,LIX, ("Owacr").
RECITALS
kk'HEREAS, the Owner is the owner of record cif certam' Teal estate Identitied as Ada County
Parcel Nos, 111527,45(801 at3d R521,450810 ("property"}, as specifically defined in the attached legal
desernplion ',Exhibit A) which is the subject of an a-pplicatkon for Rezone identified as Rezone
Appl;caft'on No, RZ-13)-22,
WHEREAS, the propowd developmero includes properties within an area cliirrentiv 7oned RUT
(Rural-t'Cban Transillon-Ada County designation), and
1A,MEREAS, the Owner desires a X-1 -DA (�
_Ked Ilse w.th a development agreenient) zonmg
classification to develop a residential use on the above described property, which is- hereirt referred to ',is
the"Property"'- and
WHEREAS, the Plan-mriv and Zonino, Commission and the City Council of Eagle have
-sie n -operty m w i i dete truned that the scope o any re lential development upo , flu Pj ' � List be III � ed jtJ the jse
of a developmentagreetnerit to prevent undue damage to, and to otb-er,;V-,,se be in hairtiony with, the emst-mg
W'HEREAS, the intent of this Developmeni Agreement As to pmtect the rights of Owner's use and
cilloyment: of the Property whle at the saine time liniliting, any adverse impacts of the development Lrpon
neiml bori,g RIP,
I propert.tes and the existing Community and ensnaring the P- emy is developed In a manner
consistent with E.-kgle's Comprefienslive Plan and City Code; and
AVHEREAS, the Owner has agreed to the use restrictions and other fin-titatioms set forth herein upon
the use and development of-the Property and has consented to a MU-DA (Nixed Use with a develotiment
a 0 7onin ignation for the Property with, the requiremenAs set forth greement) . g dcs in this Development
Agreenietit;arid
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development k� greemerft (Exhibit B) pursuant to Eagle City Cade. Section and be h,)uiid by
same,- and
Page 1 of 8
X'r-•'00-1 Ot•1 ilq%:'uj i t-P';� Vjld V,L'"T o.d F!',si— �A'C' (V 3-:7; "EX'J-
WHEREAS, all exhibits mentioned herein are attached hereto and are inc ot-o(yrated herein by
reference.
AGRXEMEW
In consideration ol"the inutual covenants contained herein.the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of fdwho Code
Section 67-65 1 'A and Eagle City Code.,Title 8.,Chapter 10
ARTICLE If
ZO',,\',ING ORDINANCE A MENDMENT
the Pro-'erty that is the
suo,lect of the application to thle MU-DA (Mixed Use with a develolw-neat w4reemcwi), after recordation
of, and subject to the provisions of this Developtnent Agreement. The ordinarx-e will becorne effective
after its passage, approval, and publication and the execution and recordation of this Development
Agieement.
ARTICLE III
3.
CONDITIONS ON DEVELOPMENT
I Owner will develop the Property subject to the conditions and lanitations set Iorfa in this
Development Agreement Further, the Owner will submit such applications regarding floodplain
c
development permit i'eview, design revieNA,, prelt-filflary and final plat reviews, and/oi any
conditional use permits, if-applicable, and any other applicable application-.,as may be-required by
"b'eI- !'y i, I
_ap'e 0t code, Which shall comply with the Eagle City Code as it exists at the 63ne, such
applications are made except as otherwise Provided w;tf,this Agreement.
.1.2 The Coricept Plan (Exhibit Q represents the Owner's current concept,for completion of thle project
As the C'oricept Plan evolves, the City understands and a-lves that certain changes in that concept
rrixy occur if the City determiries that any such changes rectture add-ttilonal pubic comment due to
poteritial Impacts on surrounding property, or the comrni."q-y, a public hearing, shall be held on any
proposed changes in the Concept Plan,notice shall be provided as rrixybe required by 01-1 cltv
33 A landscaped buffer a m(nimurIq of ten,feet (3110'j wide by 6 feet i remiired along the easterly
I 'J
property line to screen the residential property from the site as required by ECC 8-2A-7-J
34 Owner shall place a 4'xS' subdivision sign(s) containing infornation regarding the proposed
developinept. The subdivision sign(s) shall be located along eac,11 roadway that is a(tiacent to the
Property. The subdivision sq),,nts)shall be locatedon the Property outside of the pub"Ic right-of-way
and rernai-n clearly visiblefrorn the roadway,
3 5 To allow for the future installation of municipal fiber-optic cable, the, applicant shall', be required to
irlstall f"i"wr-optic conduit: lines along all streets in accordance -with the City's Fiber Maste, Plan,
Upon completion of the installation of the, municipal fiber-optic condlult hines, the applicant shall
W 3
provide GIS coordinates of the locations of the mun' ipal fiber-optic coed firtes The -tnurkipal
fiber--optic, conduit lines shad be installed, GIS coordinates provided, and the fiber-optic conduit
s"
lines all be dedicated w the City prior to the City Cleiksizg iung the Final plat.
I I. -
16 The applicarizz.sliall w1here to all re(rU)_re1_ACT1tS of die,Ada Cownry Ifighway District, including but not
lirnited to approval of the drainne system,cuxbs,;fatless,streets and s3dew43lkF.
M
Page o
K T;w"nn f,'d ENN "'lUo,
3 7 A Lot Line A,du ustment application sl-zall be sub-nitted to and approved by the City prior to ts.Tuanee
of a building permit to remove the lot Ime between the tivo parcels.
38 The o1wrie-r shall provide two add-itorial sidewalk connections between the sidewalk along told
VaHey Road and the inteirial sidewalk; one near the southeast corner wind one near the mid-polilli of
the site, pric t-to s4ibnlitl a] of a Design Re-view appUicat3or'.
39 Setbacks,lot coverage, and building heightshall beni compbance With Ea,leCity Code
3.10 O%vncr shall complete the Design Revie%v process for the site as requixed by Eagle City Code
In 2 shown at a rri'nimuin the f'ollow a as applicable- I ) proposed development signage, planiting
M
details kvithln the proposed and required landscape islands and all com3non areas throughow the
develo-mrient, 3)elevation plans for all proposed cotrimcm.area stracaires, 4)useable an-terilties such
as picnic tables. covered shelters, benches, gazebo&_ bike racks, and/or similar arnenMes, 5)
elevations of all buildings, 6) screening of all mechanical elements, and screening of the-rash
and, recycling receptacles . The design review applicatIO-in shall be revlev-,,ed and apix.oved by the
Eagle Design Review Board prior to commencing construction of the applicable strLwuie(s)
3 1 1 Tile Propet!y as depicted on the Concept Plan ts to 1 e developed with a cornbinal i; n of office, retail,
and restiwxant uses, 'The Property can be developed and used consistent With the Mixed Use Land
uses allowed by Eagle City Code Section S-2-3 "Off"ficial Schedule of District Regulnons",
emstina at the time a des,gn review application or conditional use permit applicanon (whatever the
case ri-tay be) isn,lade for individualbuilding use.
Al! vises shown as "P' permitted urider the NIU zoning designation within the Eag_,je ity Code
Ci
Section 8-2-3 shall be considered permitted uses and all --ises shown as "C" conditional Uses rii-ider
the MU zAxnng designa!ton snail require a conditional use perinit.except as provided here.11)
Retail uses are shlown as "C" conditional uses under the MU zoriinlg, designation within the Eagle
City Code Section 8-2-3. Retwif use on site is permitted but shall not exceed 28,175 square fee and
shall be restricted to"linu ted retail"uses as defined1by the Eagle City""'ode.
3.12 Jhe sidewalks adjacent to all rights-of-way shall be detached with a min-ij-Purn eight foot (8')wide
landscape strip as identified ;in the Concept Plan dated November 3,2022.
313 All hl'vim, trees, if any: that do not encroach upon the buildable area on any lot shall be preserved,
unless ntherw i se deter rimed by the Deii!an Review Board
the trees, if any, will be Ln.tegra-ted into the open space areas (unless approved for removal by the
Design Review Board) -,hall be provided for Design Review Board approval prior to issilancle of
any building permits.
3 14 Provide a -license agreement with ACHD and HD approving any landscaping and,,'or sidewalks
located in the pulAic ngh�t of way abuning the norihen-,, western, and southern boundaries of the
Propert-y'prior to issuance of any building pernirts.
3 15 11-te owner shall provide cc rkstruction drawInRS Co.;- all sidewalks, and p3-thway improvem
ents fox''-,It,
review and approval prior to issuance off the first bw I ding pe4m it.
16 Owner shall include a sidewalk along the southern front-ages c -14 and design the:of buildings 10
elevation"f6f.these units to orientate to-wxds Old Valley Road prior to subriiittal of a design review
application
3 11, The Owner shall enter into a Traffic 'Miti-gation Agreerrient to address the required Idaho
'Fransportafion! Department ImproVern_entS 'Fhe Own
er shall be required to provide a copy Of the
Pal-e 3 of 9
';!,Y R1�7k,Pa�L DA(J;d FIR Vj-,x,4,,
e,<ecuted Idaho Transportation Department Traffic Mitigation Agreertient -0 the City prior to
4
issil"Mce Of a zonnilo,certificate I'bi,th',first structur'-
ARTICLE IV
AFFIDAV IT OF PROPERTY OWNERS
An affidavit of the owner(s)of 1,11,111'roperty is attached licieto and incotporated by reference here-m agrees
to subject the Property to this Development Agreement (Exhibit B) and be hound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Soction 67-651]A and Eagle City Code
Sect.ol-i 8-10-1 shall be provided and is incorporated herein by reference
ARTICLE V
DEFAULT
5.1 It, tine event the Owners fall to cornoly with the commitinents set forth i'lerem, witlun thirty ('30)
1 -
days of written Do ice,of such failure froul City, City shall have the right:, without pnludicc to any
other rights or remedies, to cure such defxult or enjoin such violation and othemise enforce the
reqwrernents contained in this Deve'opnient Agreement or to terminate the Dery eloprnent
Agree.imint fellowmig the process established in Eagle City Code Section 8-1 0-1
5.2 If required -0 proceed in a court of law or equity to enforce any provislen of t1his Deve'loplient
Agreement. City shall be entitled to recover all direct oul-of-pocket costs so incurred to cure of
a-
ei-voirt such defaul" and to m.enforce the con-iiti tints cont ined in this Development Aggeement,
including attorneys' fees arid court costs.
53 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendirient Agreement for As extension being it, process in
accondance tile notice and hearing provisions of Idaho Code Section 67-650,9, as i'yC11fl bT1,f
EaQle City Code Section 8-10-1, use of the property shall be 11mited to those uses allawed within an
A-i iA.gric:jltEir,-it-R.esidential) zoning destgnaiton until City enacts and records an ordimince
char ink,the property to ffic A-R zoning&sigu ation.
9
ARTICLE V1
UNENFORCEABLE PROVISIONS
Sul)w
' ell to term s of Section -,'*l.3 above, if any tern,,, provision, co m s mmilent, or retmetion ol, tnis
M-rectit-Int or the application thereol"M any party or Circunistamices Shall, to any extent beheld 1-Maild or
unenforceable, ffie rei-nainder of this instrum,ent shall ncvcrtlicless remair, in.full fotele and effect and that
portion d'-fermined to be irt-,alid or unenforceable shall be re.-negotiated in good faith between O-):,!ner(,$)
(or other appropriate Bail)and City.
Page'l of is
M!"R adFk, CC 1-NIL 'A',
ARTICIIIIE VII
ASSIGNMENI'AND TRANSFER
After its execution, the Development Agree ment shall be recorded in the officoo"the County Recorder at
1, 11 the expense of the Owner. Fach and resinclior; on the developirtentshall be�aburden{m the
Pioperty, shall be appurtenant to arid for the benefit of the Property, aq3acent pioperty, w—d other
reside-it; I propem, near the Propert-yaridsfiall rim with th 1 3 0
.1 M to !arid. Tbi Development A-reoffnent shall be
bmding on Owrier, and its respective beirs, administrators, executors, agents, Ilegal representatives,
successors, and assigns, provided, however, that if all or ariv portion of the developirtent ds sole., the
sellers shall thereurort be released and disollanued frorn any and all obligatioos in connection -with "lie
propeity s(Ad arising under this Ao celnent, The new oLN-n-e- of t e Property or any poru on thereof
th I- t
(includilm, without 1hrimation, auV OV,'-,,e-T WIIO 3CqUITCS its InEeCeSt by -foreclosure, trustee's sale or
offierwise) shall be bound by and liable to,.- all commitments and other obligations arising under this
Ag,reement-wi-Il respect to the Property or portion thereclIf
ARTICLE V.11.1
0 3ENERAL MATTERS
8,t Amendments Any 3Otceratiicm or change to Developpiel-tt Ag_,reernerlt shall be made, only afte;
coniplylt) with. the notice and hearl"W., PrOVISIoris of Idaho Code Section 67-6509., as required by
Eagle City Code Section 8-10-1
8.2 Paraizrai)h Headniszs This Delvelopinent Agreeirtent shall be construed according io its fair
-neaning and as if prepared by both parties hereto Titles and captions are for convenmence only and
shall not constit7we a portion of I this Development Agreernent. As used in this Development
Ap,ceeirient� 3-nasculim, foruirtine or neuter Reader and die sm-uhtr or plural number shill each be
deenied for L'nclude the others wherever amd whenever the context so dictates.
83 Choice of Law, Tbi-� Developrrient Agreement shall be consti ued in accordance with the lakes of
the State of 1dal3o in effect at the time of the execution of this Development Agreement. Any acilorl
bri-jught in connection wtdi "his Development Agreeniont shall be bTO-UgIht u) a COUrt Of corripetent
jurisdiction.located M Ada County, Idaho
84 LeRal Reoresentation. Both the Owner and C[tv acknowledge that they each hays,beer represented
by legal COUMCI itl IICOOtiatlngy this Development Agreerment arid that neidher party shall have been
deemed to have been the draftor of this agreement
85 Notices. Any notice which a party may desire ti)�Ive to Xnilthe'I party must be in w-citing and may
be given by personal delivery-, by mailing the sane by registered or certified mad, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight del ivory servce, to
,
the party 'OMnorn the notwe is directed at the address of such.party set forth below,
C-.tY City of Eagle
660 E Civic Lane
Eavo'e. ID 83616
11 1
Owner- West Old Valley, LLC
Attic: Mark Bigelow
1716
I iorth Stagno Bello Place
Ea le,I'D 8.36'1 6)
Page 5 of 8
Or such other address and to Such other persons its the parties may hereafter designate. An,,, suc-11-1
notice shall be deemed ;,-riven upon receipt if by personal delivery, forty-eight '48) hours after
deposit in the United States mail, if sent by nl[ffl pul-sualit to the foregoing, or twee-ty-foe, (24)
g V
houm after timely depi-.)sjt with a reputable over-ingliAt delivery sea nce
86 FmarciaJ Assurance. In addition to the other rern-edles afforded City. herei-n, Ownee agrees to
provide id- equate financial assurance to Cityn to s cure the paylnent of any deferred balance of the
attorney, fees and the engineei-Mg fee,,.,together with interest accrued thereon. Cay shall -)Vi)vsde to the,
Owner an estimate for tile anticipated attom- ey fees and engincerin.g fees associated, wit]. this
Agremem. The Owner shall provide a c �,b de,Pos.''t -. lect
or of cred-t or a borid in the amount of the
estimated fees associated with the work arldertaken pursuant to the tern-is of this Agr�cement. Thei-eafter,
City shall bill Owner for such fees, ac"justing tile estimates as appropriate The Owno- sba-11 make
1--�ayilients rc)r such fees as Incufred by City and as invoiced to the Owiler or, if Owner has made a cash
deposit with City,City may,draw oil the de;X)sit to pay it-, in-voice. If the financial assurance dqlosited
by Owner is In he Corni of a letter of credii-and if the Owner fall-,is roake ay.-nent for such fees,wh of
actually incurred by City and invoiced, then foll(yving thurty(30)days of written notice of such faJure
froill C47 City nlay draw upon the Financial assurance twovided by the Owno,7. PiereaRer., if ffie them
cuisent estimated fees still to be paid exceeds the a;noun- of the then cix-Tent balance of the financial'
assurance(whether It tic an the form of a cash deposit or a letter Elf credit),the Owner shall repleiiish the
financial a-:,;suraace and shall become current as to all outstandirig fees owed. Upon payment in full of
all azwniey fees and en'oineerm ftp'-s, City silall release to the Owner the --inused rysttion of the cash
deposit or the letter of credit, as applicable City's d--aW LIPOR tile.finaneia! +assurance urider this Section
shall not preclude it frorn exercising, lily of the Wier rights and remedies affiarded, it Jn Article V or In
Section 8 7.
8.7 Default. hi the event Owner fails to comply with tile.terms and conditions hereof ill any material
respect,the City ma-X" -'mthout Forther notice to Ow-ner"C-<Crclse any or all of the following
remedies.
A Withhold ssi.tance the of air i y building Permil or ceilificate or occupancy of arty structure
loca-ter k-vithin the Project;
B. Withhold the coninection of water, sewer or electric service to any proverty located Nviti-lin the
C ReCuse to accel),public ownership and maintenance of public iniprovements wuhin the Project
c-and record a notice of such action w'th the Ada Count Y
Recorder's Office,
D Issue a stop wort-ordet for any building udder construction within the Project.
E. Withhold of Protect surety/financial guarantee of perforl'aance collected
ptirsuant to Section 9-4-21-2-of the Ctty Code;
F Bring;all action for daniages, Ununct.ve relief, specific performance or any other reilledy
a 11, 1 equity';
va ibeatlaworinequi
All odie above remed'es are curnulauve and to the extent not wholly inconsistent with each other.,
may be enforced slipultaneously or separately, at the sole discretion of the City'.
88 Altorgney The prevailing party in any clairms or disputes arsing out of this Agreement shall be
entitled to recover reasonable attorney's fees -in addition to other relief which a court of competent
ju,iisdiction illay award.
Page 6 of 8
1,Tj"—ng "'pp"'!wn, OW alily R-1 F!-P.k !!o K. ,d L!,x Spa-0,',CC!:oL I'T J-
89 Effective Date. This Development Agreement sh-111 be CffeCfiVe'UP0T)the signing and exec-11-tion of
this kgreement by bof-,parties,
8 10 AuthortlN,to Enter Into AFreement- By the execution and delivery of this Agreement by
arid the performance of their covenants and obligaumns th€rem.the parties -acknowledge such actlo;l.
has been duy aulbc�i ized by all necessary corporate (or 1.1,C1 a6on' and necessaly Cor')0ratle (or
LLC)resolution(s) have been executed for the: un-dersioned representatives to sign this Agreement
w n; �d so bind their respective parties.
8 11 Ter-r-ainatio-n. If the Property Is not developed. as conditioned herein, this agreement Shall terminate
5 years after tire.Effective Date.
IN WIPINIESS WHEREOF,the parties have executed this Development Agreement.
DATED thus day of
CITY OF EAGLE. a mmmicipal corporation organnzed
and exas ink under the laws of the State of Idaho
4jax,�Jftk"Ytce,Mayor
1VT EST':
6�v
- -------------
A46hbm Ctvcic-rk n
STATE OF IDA110 )
Coutity of Ada
Or-,this 10 day of in the veai before me,the undersigned7 a Notfary
Rublic in and fbrsaid State,personally appeared JASON PIERCE.,known to rime to be the NINIAYOR of
said-municipal corporation that executed this aiistrunient and the persons who executed the said
in,sti:-urnewl or. behalf of said corporation,and acknowledged to ine ihat such Corpora,ton executed the
-anle
In witriess zvhereof,I have hereunto set my hand and affixed my official seal the day and year fii-st
written_ ems
CS4
4�.f t;0TA*y*6® 0Aj Notary iblic
P
Res-di gUB LIC-, I
.60 My Commissm-Expires' ,7
OF VID
Page 7 of a
WEST OLD D VALLEY,LLC—an i&ib-;
11c'tbdity company
y � 1
S 7 A TE,OF IDAl I O �
Ss.
County of?kd 0
On th-'s � day of L.; M'MCY 202 ?, bei'-bre,the Luidersiggried votary public in and for
the said state, personally appeared MARK BIGELOW, known and identified to me to be the Member of
WEST OLD VALLEY, I_L,C, l . ovo-i or identified to me to be the owners of the properly reft.re,.ced
herem.3--ad the persons who executed the fore-only *f1strument.
IN WITNESS WHEREOF, 1 have hereunto set my band and seal he day and yea, first above
dl�oNotary Dub.*
6 w
awe.5R•� ni s
°Mp ly Commission Expires
xx
� a4 Y;a
a �ie�lj,OFV 0'
Page 8;of 8
Arq`t'..a:kon,R7 P.,. _'01.i VA,,Ao.o',I PA D%.U4.:aae.R"n Sp'!-DA C,-_NL'rF a+v
EXHIBIT "A"
Loplad Kfamatim
mseph 0. NoMmy PENLS
2313 S. Wa Ave Ste 206
Boise, 10 83705
Telepone 203 3413381
jdcanning0centengr com
QUM%15,2023'
West 011d Valley, LLC. Parcel Consolidation / Ad ustment Desuiption
A pa!Ye!of land-situal in a ponkn of he muthwest qualm of the southwest qua',er uf Section I?,Township 4
Rage 1 Wet Bdse NNW Ada County, ldanho-�twing more padli,:ulady described��,s foLvvs:
Com rap.r,.;ngatthe west qwnu cxmr of said Satmr U and Ux cemedwe of North LkAu Fla$thme 300115FVVV;
Z02525 hot along Me wegally boundary di t"."e so"'Ahvwc-st of"4d sectan 12 and the centet-llirie of Sout�h!Jnese��
Road to the centedine.of',Ale st Ud Va�ky Road wWdi bpai5 Ni`4.7 N58'E,620,06 feet f�-onn th,, southwest'
Seciio�,, �2;t!�en-re N89-1015T,W!4 aiong the cenfe%e of=(Ad VaNk�y R!,oad� i-fience NC10�4y`05"A'�25AN)l lfee"
bo the noohearly right-of--wiy dWest Old Valky Red aiid to th(,,Paint of Eleginping:
Thence 11469UNIN,1431 ffettot�,e South Linderp;oad-
Them N00*2158"E, 11113 ket along the east'erly right-fjf-way of South Under Road:Anniga!ine 80.03feeiewaydif
and parallp whit the mtesbady boundary off thie southwest qui-,eter of saiid Secflo!e !2;
1 hence N4FSOAFE. 100.01 feet to the wautheOy riht,-J-way of State HWhway 44;
Th !N239feet alonng ov-t�zngent me aflecting to flhe� 0A hxKralf 850k anofC e us o2411 etacefrM
02"5 S42;--i" c ho're,i.e M g d Ni 8 W 0?5 TW,a q"'I a lon g c h fj rd d i��t a nce uf I K'2 9�eet f o me smWe Q ri g5 of way of
S -State Highway 44;
3 5�' d
me, ,e 300 '- -i'01V' 38C4�1 8 fect t�t t,e neFti 0y righ-�-,,frvyay of'4pst Old Uley Rea
Twnce S8910'5 ,1,209A6 feeLalooFthe mthedy rightif-way,of'VVe!,t oid Valley Road'to the Point of Begiruning,
Compning 197 oat%me odes.
K-1
4116
pap 1 of 1
EXHIBIT "B"
Affidavit of MARK BIGELOW on behalf of WEST OLD VALLEY, LLC
AFFtDAVFT0F LEGAL INI'EREST
STATE OF I'DA140
) ss.
County of Ada
\4ARK BIGELOW,v-dio being first duly swam under Data,deposer s and says:
1. I am MAM BIGELOW, %vho is a ,vleiriber (,if EST OLD VALLEN, LLC, whose
mailing add xessis 1716 North Stap-no Betio Place., Eagle, ID, 83616("Owner,')
1 Owner is the fee simple owner of the parcel of real property described on Exbibt! A,
attached hereto(the"Property").
3. Mark Bigelow authorizes the submission of the Property to certain Development
A To. geement pursuant to the p visions set forth in Idaho Code. S,ectioii 67-651]A and
Eagle City Code Section 8-10-1 dated the day of �4j 02 r j, . 23, by and
_ ---------------
between the City- of Eagle, a numicipal corporation in the State of Idaho, and Maxk-
Bigelow.West 61d Vallev,L' LC,(the"Agreement").
'& , 1021.
DATED this day of
By: West Old Valley,LLC, w}Idaho limited 14bility
Company
A/
By
M e k/B�I-g-e 1 o w, M e i rt b r
SUBSCR-BED AND SWORNN to before me this---tt day of ........... 2023.
?..... 0 Notary Public for Idaho
Q .-I xv-
My Commission expires--Q9110UM
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