Development Agreement - 2024 - Flats Sixteen Subdivision - 4/26/2024ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=23 ANGIE STEELE
GIVENS PURSLEY LLP
2024-022351
04/29/2024 04:49 PM
$76.00
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
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated 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"), and HIGHWAY 16 SPOKANE, LLC and STAR CHELAN,
LLC, (collectively, the "Owner").
RECITALS
WHEREAS, Owner is the owner of record of certain real estate consisting of two (2) lots consisting
of approximately 31.16-acres located at 3703 and 3705 North Highway 16, Ada County Parcel numbers
S0333428170 (Highway 16 Spokane, LLC) and S0333428250 (Star Chelan, LLC) ("Property"), as
specifically described in the attached legal description (Exhibit A), and shown on the Concept Plan
(Exhibit B), which is a portion of the site subject of an application for rezone, identified as Eagle Rezone
Application No. RZ-04-07 and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-04-07 MOD; and
WHEREAS, upon recordation of this Development Agreement, that certain development
agreement recorded in the real property records of Ada County, Idaho, on January 30, 2013, as instrument
number 113011435 (the "Original Development Agreement") shall be amended in its entirety, and be
void and of no further force or effect on the Property; and
WHEREAS, Owner has previously been approved for a modification to the original rezone (RZ-
10-07) associated with the Property pursuant to Rezone Application No. RZ-10-07 MOD, which
modification is implemented within the Original Development Agreement and subsequently implemented
within this Development Agreement; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Mixed Use and zoned MU-DA (Mixed Use with a development agreement); and
WHEREAS, as of the Effective Date of this Development Agreement, the Property remains
designated on the Land Use Map of the Comprehensive Plan as Mixed Use and zoned MU-DA; and
WHEREAS, Owner desires to develop the Property with an 109-lot (94-buildable [59 single-
family, 35 single-family attached], 1-commercial, 14-common) mixed use subdivision use as generally
shown on the Concept Plan (Exhibit C-1 and C-2); and
WHEREAS, the City Council of Eagle has determined that the scope of any mixed use project upon
the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community; and
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WHEREAS, the intent of this amended and restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, 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 the MU-DA (Mixed Use with a development
agreement) zoning designation for the Property with the requirements set forth in the Original Development
Agreement as replaced by this Amended and Restated Development Agreement; and
WHEREAS, the City Council has determined that, in accordance with Eagle City Code Section 8-
2-1, the Original Development Agreement, as amended and restated by this Development Agreement, are
to be used in lieu of the PUD and conditional use process; and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit C-1 and C-2) pursuant to Eagle City Code Section 8-10-1(C)(1) and be
bound by same; and
WHEREFORE, Owner and the City of Eagle desire to enter into this amended and restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed
as follows:
AGREEMENT
In consideration of the mutual 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 Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to MU-DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No. 691 which became effective after its passage, approval, and publication on January 28,
2013.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 The maximum density for the Property shall be 3.59 dwelling units per acre (59 single-family detached
and 35 single-family attached dwellings).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, 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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3.3 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. 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, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions ("CC&Rs") for the Property shall contain at least the
following:
(a) An allocation of responsibility for repair and maintenance of all private roads and alleys,
community and privately owned landscaping, pressurized irrigation facilities, and amenities. The
Owner shall provide an operation and maintenance manual including the funding mechanism as
an addendum to the CC&Rs, which repair and maintenance requirement shall run with the land.
This requirement cannot be modified and the homeowner's association or other entity cannot be
dissolved without the express consent of the City.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit
D). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are 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 CC&Rs unlawful, then in such event that portion shall be deemed to be amended to
comply with the applicable rule, regulation, law or ordinance.
(d) A requirement for establishing a Conservation Education Program (CEP) Assessment Fee. The
homeowner's association shall be responsible for the collection of the CEP Assessment Fees and
depositing the CEP Assessment Fees collected in fund established by the City for use in the
Conservation Education Program Funding Plan.
3.5 The required setbacks shall be as follows:
Single -Family Detached Units
Front
Rear
Interior Side
Street Side (without endcaps)
Maximum Lot Coverage
Single -Family Attached Units
Front
Rear
Interior Side
Street Side
Maximum Lot Coverage
20-feet
31-feet (front yard garage at street)
20-feet
7.5-feet (first story), 5-feet (each additional story)
20-feet
50%
20-feet (10-feet if alley load)
15-feet (5-feet if alley load)
5-feet (0-feet for common wall)
20-feet
N/A
3.6 The following permitted and conditional uses shall be the only allowed uses within the Commercial
Lot of the Property:
• Artist Studio
• Arts and Crafts shows
• Bar (with approval of a conditional use permit)
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• Beauty/barber Shop
• Bed and breakfast facility
• Convenience store with no fuel service
• Family & Group Childcare
• Food and Beverage Sales (hours limited to 7am to lOpm)
• Gift Shop
• Health club, spa, weight reduction salons (including a racquet club)
• Hotel (up to 20 rooms)
• Live entertainment events (with approval of a conditional use permit)
• Microbrewery
• Museum
• Nursery
• Office Business, professional, and medical
• Personal Improvement
• Personal Service
• Photographic Studio
• Professional Activities
• Restaurant (no drive thru) (hours limited to 7am to l0pm)
• Retail Sales (limited)
• Retail Sales (pharmacy and medical)
• Travel services
• Winery
• Vet Clinic (excluding overnight boarding)
The following uses shall be prohibited within the Property:
• Automotive parts and accessory sales
• Automotive vehicle vinyl wrap shop
• Automotive washing facility
• Automotive repair
• Cabinet shop
• Cemetery
• Circuses and carnivals
• Coffee roasting facility
• Commercial entertainment facilities (indoor and outdoor)
• Drive-in theater
• Equipment rental and sales yard
• Mortuary
• Machine shop
• Mortuary/Funeral home
• Restaurant (with drive -through)
• Shopping center
• Small engine repair (mower, chain saws, etc.)
• Storage (fenced area)
• Woodworking shop
3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8, Chapter 4.
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3.8 Owner shall comply with all applicable Star Sewer and Water District's regulations and conditions
prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner
shall provide proof of central sewer service to the proposed residential uses. A letter of approval shall
be provided to the City from the Idaho Department of Health and Welfare, Department of
Environmental Quality, and/or Central District Health, prior to issuance of any building permits.
3.9 Owner shall provide and construct all pathways as shown on the Flats Sixteen Pathways and Trails
Plan (Exhibit E). The pathways shall be constructed to the City Standards for Concrete Pathways or
the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated
with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk
signing the final plat, notwithstanding the foregoing, the pathways shall be constructed prior to the
issuance of any building permits associated with the respective phase. The specific location and
design of the pathways shall be approved by the Design Review Board and City Council prior to
submittal of a final plat application.
3.9.1 The ten -foot -wide concrete pathway located adjacent to State Highway 16 shall be located
within a 25-foot wide public access easement. The easement shall be recorded within one (1)
year of execution of the development agreement, and the instrument number shall be referenced
as a plat note on the final plat.
3.9.2 The eight -foot -wide located internally to the subdivision shall be located within a 16-foot-wide
public access easement. The easement shall be recorded, and the instrument number shall be
referenced as a plat note on the final plat.
3.10 The single-family detached dwellings shall be constructed in substantial conformance to the styles of
architecture as shown on Exhibit F.
No similar front elevation (utilizing the same architectural style or color) of any residential dwelling
shall be duplicated:
o Within five (5) lots measured from each side lot line;
o Directly across the street and within five (5) lots (measured from each side lot line); and
o Directly behind any lot and within five (5) lots (measured from each side lot line).
To assure compliance with this condition, the applicant shall create an architectural control committee
(ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the
City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure 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 substantially conform to the design
requirements as shown on Exhibit E. If a building permit is denied, the applicant shall have the right
to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-
1.
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3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape island 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 the irrigation pump house (if
proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or
similar amenities (if proposed). The design review application shall be reviewed and approved by the
Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat.
3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the applicable state and federal agencies,
along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive Plan and City
Code. Applicant agrees all development and improvement of the Property shall comply with all laws
and regulations pertaining to regulated wetlands.
3.13 Owner will comply with all rules, regulations and ordinances of Eagle unless as otherwise required
herein, including, but not limited to, applications for development permits as required by Title 10,
Flood Control, Eagle City Code.
3.14 Owner shall provide a letter of approval to the City from the Farmers Union Canal Company
approving any encroachments of the canal company's facilities. The Owner shall also provide a copy
of any License Agreement associated with the site prior to the commencement of construction of any
improvements on the site.
3.15 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement (Exhibit C-1 and C-2) 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 V
DEFAULT
5.1 In the event the Owners fail 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.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle 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.
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5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1, 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 Owner 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 Paragraph 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.
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.
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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
Owners: Highway 16 Spokane, LLC
Attn: Jordan Tampien
1124 West Riverside Avenue, Suite 215
Spokane, Washington 99201-1109
Star Chelan, LLC
Attn: Drew Isaak
125 Borinquen Pl, Apt. 411
New York NY 11211
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, Owners agree 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
Owners an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owners 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 Owners for such fees, adjusting the estimates as appropriate. The Owners shall make
payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a
cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owners is in the form of a letter of credit, and if the Owners fail 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
Owners. 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 Owners 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 Owners
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 Owners fail to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owners, 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 Project;
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;
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E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to
Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy availableat
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.
8.10 Termination: If the Property is not developed as conditioned herein, this Agreement shall terminate
5-years after the Effective Date.
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COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this day of kVY 1 , 2024.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State-6f Idaho
By:
Brad Pike, Mayor
AT S :
��q •� t
Tracy sborn, City Clerk •
s oecAPOk_,
STATE OF IDAHO )
• ss.
County of Ada )
�...•
I *1-t, SEAL 41.* I
::%;;;_o;;FA.:T;;;
:":"-0,4" • ,
••••••li••••
•
,-
On this day of in theyear �-� before me, the undersigned, a Notary
Public in and for said State, personally appeared BRAD PIKE, 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.
0i/it& igv(A1,2--e---z---rt---
Notary Public�
Residing at: �=e%W�.c J�j_p )
My Commission expires: � f a/zr
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COUNTERPART SIGNATURE PAGE
OWNER:
HIGHWAY 16 SPOKANE, LLC, an Idaho limited
liability compa
By:
Jordan T
Its: Aut
STATE OF WASHINGTON )
ss.
County of )
April,
This record was duly acknowledged before me on this r% day of 2024 by JORDAN
TAMPIEN, the AUTHORIZED SIGNATORY of HIGHWAY 16 SPOKANE LLC, an Idaho limited
liability company.
ed Signatory
,1 0 (t)
�\\`\\` 1200432 O Y P 0////,/ Notary Pudic for the Sta e oNdijpgpa
,. �'% My Commission xpire'`:
0 Commission Number ;
Sandy Kay Howlett z`
My Appointment Expires O.
�, 5/8/2026
O
, ,\`.\
///!1P WAS\\��\\\
\\\IIIIII1I1I///
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COUNTERPART SIGNATURE PAGE
OWNER:
STAR CHELAN, LLC, an Idaho limited liability
compa
By:
rew Isaak
Its: Authorized Signatory
STATE OF NEW YORK
) ss.
County of :kin�j )
On the -144-- day of April in the year 2024 before me personally came DREW
ISAAK to me known, who, being by me duly sworn, did depose and say that they reside in 125
Borinquen Pl, Apt. 411, New York NY 11211; that they are the AUTHORIZED SIGNATORY of STAR
CHELAN LLC, an Idaho limited liability company, the limited liability company described in and which
executed the above instrument; and that they signed their name thereto by authority of said limited
liability company.
}(1/MA L.)
Notary Public �
Printed Name: FH �; �I I e fCk(✓
My Commission Expires: tj;3y{.- QD6
‘. LLE p
OF N,Evgi;
NOTARYPUBLIC
01PA6434452
-Q3. 1k.2�Z'
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INDEX OF EXHIBITS
A Legal Description
B Concept Plan
C-1 Affidavit of Jordan Tampien
C-2 Affidavit of Scott Isaak
D Fencing Plan
E Pathways and Trail Plan
F - Typical Housing Styles (Single -Family Detached Dwellings)
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EXHIBIT "A"
slorhau
civil engineering planning
andscape architecture surveying
SUBJECT PARCEL
510 East Third Avenue
Spokane, Washington 99202
509-242-1000 Info@Storhaug.com
A PARCEL OF LAND WITHIN THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 33,
TOWNSHIP 5 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF EAGLE, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33 AS SHOWN ON THE RECORD OF SURVEY
NUMBER 11224, RECORDS OF ADA COUNTY, IDAHO;
THENCE NO°27'47"E ALONG THE NORTH -SOUTH CENTER LINE, A DISTANCE OF 1324.87 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING NO°27'47"E ALONG SAID NORTH -SOUTH CENTER SECTION LINE, A DISTANCE OF 1225.75
FEET;
THENCE S89°44'53"E, A DISTANCE OF 28.69 FEET;
THENCE N0°28'13"E, A DISTANCE OF 658.45 FEET;
THENCE S89°27'13'E, A DISTANCE OF 62.40 FEET TO A POINT OF NON -TANGENT CURVATURE ON THE WESTERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 16, AS SHOWN ON THE RECORD OF SURVEY NUMBER 6981, RECORDS OF
ADA COUNTY, IDAHO;
THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING NINE (9) COURSES:
1. SOUTHEASTERLY 254.65 FEET ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIAL BEARING
OF S71°03'11"W, A RADIUS OF 1178.92 FEET, A DELTA ANGLE OF 12°22'34", A CHORD BEARING OF
S25°08'06"E, AND CHORD DISTANCE OF 254.16 FEET, TO A POINT OF CUSP;
2. SOUTHEASTERLY 344.45 FEET ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIAL BEARING
OF S63°14'54"W, A RADIUS OF 1969.86 FEET, A DELTA ANGLE OF 10°01'07", A CHORD BEARING OF
S31°45'39"E, AND CHORD DISTANCE OF 344.01 FEET, TO THE BEGINNING OF A 60.00 FEET OFFSET OF THE
SPIRAL CURVE OF THE CENTERLINE OF SAID STATE HIGHWAY 16;
3. SOUTHEASTERLY ALONG SAID 60.00 FEET OFFSET OF THE SPIRAL CURVE, HAVING A CHORD BEARING OF
S38°52'21"E, AND CHORD DISTANCE OF 169.99 FEET, SAID CENTERLINE SPIRAL HAVING A THETA OF
5°24'00", TO A POINT OF NON -TANGENCY;
4. S52°07'56"E, A DISTANCE OF 51.67 FEET TO A 50.00 OFFSET OF THE SPIRAL CURVE OF THE CENTERLINE OF
SAID STATE HIGHWAY 16;
5. SOUTHEASTERLY ALONG SAID 50.00 FEET OFFSET SPIRAL CURVE, HAVING A CHORD BEARING OF
S41°52'41"E, A CHORD DISTANCE OF 144.63 FEET, SAID CENTERLINE SPIRAL HAVING A THETA OF
5°24'00", TO A POINT OF TANGENCY;
6. S42°10'04"E, A DISTANCE OF 58.52 FEET TO THE BEGINNING OF A 50.00 FEET OFFSET OF THE SPIRAL
CURVE OF THE CENTERLINE OF SAID STATE HIGHWAY 16;
7. SOUTHEASTERLY ALONG SAID 50.00 FEET OFFSET OF THE SPIRAL CURVE, HAVING A CHORD BEARING OF
S40°22'47"E, AND CHORD DISTANCE OF 355.15 FEET, SAID CENTERLINE SPIRAL HAVING A THETA OF
5°24'00", TO A POINT OF NON -TANGENCY,
8. S62°56'57"E, A DISTANCE OF 22.42 FEET TO A POINT OF NON -TANGENT CURVATURE;
9. SOUTHEASTERLY 858.77 FEET ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIAL BEARING
OF N53°50'56"E, A RADIUS OF 1869.86 FEET, A DELTA ANGLE OF 26°18'51", A CHORD BEARING OF
S22°59'39"E, AND CHORD DISTANCE OF 851.24 FEET, TO A POINT OF NON -TANGENCY;
THENCE N89°09'12"W, A DISTANCE OF 1261.46 FEET TO THE POINT OF BEGINNING. �-- o� PA_ LANDS
SITUATE IN THE CITY OF EAGLE, COUNTY OF ADA, STATE OF IDAHO.
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Notar P lic for th ; State Washin Commission Number �j
200432
My Co issi Aires: ! `
Sandy Kay Howlett z
—4 My Appointment Expires Q;
5/8/2026 'cam
Page l of l
EXHIBIT "C-1"
Affidavit of JORDAN TAMPIEN on behalf of Highway 16 Spokane, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF WASHINGTON )
County o-t�� )) s.
JORDAN TAMPIEN, who being first duly sworn under oath, deposes and says:
1. I am JORDAN TAMPIEN, who is the Authorized Signatory of Highway 16 Spokane,
LLC, an Idaho limited liability company, whose mailing address is 1124 West Riverside
Avenue, Suite 215, Spokane, WA, 99201-1109 ("Owner").
2. Owner is the fee simple owner of the parcel of real property known as Ada County
Assessor Parcel No. S0333428170, described on Exhibit A, attached hereto (the
"Property").
3. Jordan Tampien authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511A and
Eagle City Code Section 8-10-1 dated the rrfday of frz.!iv , 2024 by and between the
City of Eagle, a municipal corporation in the State of Idaho, Highway 16 Spokane, LLC.
(the "Agreement").
1_1-fin
DATED this I 1 day of ‘ke1 2024.
By: Highway 16 Spok
./'
By:'�.
Jordan T
Its: A
zed Signatory
STATE OF WASHINGTON )
;s.
CountY of (�
kn before on this 1 1 day April, ril 2024
This record was duly acknowledged be o e me p by JORDAN
TAMPIEN, the AUTHORIZED SIGNATOf HIGHWAY 16 SPOKANE LLC, an Idaho limited
liability company.
K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\04-City Council\04-Development Agreement\Flats Sixteen Sub DA EXHIBIT C-l.difi/ O
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EXHIBIT "C-2"
Affidavit of DREW ISAAK on behalf of Star Chelan, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF NEW YORK
) ss.
County of
DREW ISAAK, who being first duly sworn under oath, deposes and says:
1. I am DREW ISAAK, who is the Authorized Signatory of Star Chelan, LLC, whose
mailing address is 717 West Sprague Avenue, Suite 1200, Spokane, WA, 99201-3905
("Owner").
2. Owner is the fee simple owner of the parcel of real property known as Ada County
Assessor Parcel No. S0333428250, described on Exhibit A and attached hereto (the
"Property").
3. Drew Isaak authorizes the submission of the Property to certain Development Agreement
pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the /1 day of kg 1 t, , 2024 by and between the City of Eagle, a
municipal corporation in the State of Idaho, and Star Chelan, LLC, an Idaho limited
liability company (the "Agreement").
i
DATED this -1 dayof kr� , 2024.
STATE OF NEW YORK
ss.
County of
By: Star Chelan, LLC
By: -7,1aidg
Drew Isaak
Its: Authorized Signatory
On the dayof April in theyear 2024 before me personally came DREW
i p p Y
ISAAK to me known, who, being by me duly sworn, did depose and say that they reside in 125
Borinquen Pl, Apt. 411, New York NY 11211; that they are the AUTHORIZED SIGNATORY of STAR
CHELAN LLC, an Idaho limited liability company, the limited liability company described in and which
executed the above instrument; and that they signed their name thereto by authority of said limited
liability company.
A,r )
Notary Public, -
Printed Name: nj .( ir
My Commission Expires: i LI- 30 0,b
Danielle Parr
Notary Public, State of New York
Reg. No. 01PA6430452
Qualified in Queens County
Commission Expires 03/14/2026
Page 1 of 1
C:\Users\cconway\AppData\Local\Microsoft\Windows\INetCache\Content. Outlook\RYGFL96W\Fiats Sixteen Sub DA EXHIBIT C-2 Drew Signature_18308582_2.doc
EXHIBIT "D"
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PATHWAYS AND TRAILS
07.13.2023
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PATH TYPE
10' Concrete
8' Concrete
5' Concrete Sidewalk
City of Eagle Proposed Pathway
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