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Development Agreement - 2024 - Eagle Marketplace Modified DA (ACTIVE) - 5/9/2024Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1 520 Eagle, Idaho 83616 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=4 ANGIE STEELE CITY OF EAGLE, IDAHO 2024-024998 05/10/2024 01:54 PM NO FEE 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 Alturas Eagle Marketplace, LLC (''Owner"). RECITALS WHEREAS, Alturas Eagle Marketplace. LLC is the owner of record of certain real estate consisting of approximately- 7.5 -acres generally located on the northeast corner of East Chinden Boulevard and North Eagle Road, , da County Parcel #S0521336400 and 4S0521336129, ("Property"). as specifically defined in Amended and Restated Development Agreement recorded under instrument No. 2016-p2 969; and `, WHEREAS. the proposed development agreement modification includes properties within an area currently zoned C-1--DA and C-2-DA; and WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2016- 023969 are in, and shall remain in full force and effect, except that the Concept Plan (Exhibit "B"), is modified as attached herein. WHEREAS, the Owner has previously provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (attached to the Development Agreement •, Instrument No. 2016- °23969 as (Exhibit "C 1") pursuant to Eagle City Code Section 8-10-Is,C); I i and be hound by same; and WHEREAS, all provisions with the Amended and Restated Development Agreement recorded under Instrument No. 2016-023969, associated with RZ-95 N'I0D3 are in, and shall remain in full force and effect on the Property and the Revised Concept Plan (Exhibit " ") for the Property shall he added with this Development Agreement Modification. ARTICLE II AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property is attached to the Amended and Restated Development _Agreement and incorporated by reference herein, Owner agrees to subject the Property to this Development Agreement Modification and he bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-651IA and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. K `Plaartmg F,ep Page I of 3 ppi o_a:icolc,`R7.0-C,199i'aZ C5 Mt)3) F.z e via;'r.erpia::z`.ER?' ZAS OEN Fay e\iarketpla..e DA MOD CC FNL %FR ,.w ARTICLE III GENERAL MATTERS Enforceable Provisions. The original Amended and Restated Development Agreement, instrument number 2016-023969, remains in full force and effect except that the Concept Plan Exhibit (Exhibit "B"), is modified as attached 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 day of " , 2024. ATTEST: racy E. Ig.: ,City Clerk STATE OF IDAHO ) : ss. County of Ada ) CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: e, Mayor 000219dJ�r�,s �AG LE * ••••••• O •° • • • NTH• • ¥ ° � N • O • /ram • • l l • « O\*, *". • • aie •;v S • 6:-.1„74ssi STArttss On this day off\1\0"1\,in the year 2024, 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. ,,', %*I•••11.I04,.,� .•' ,`� CSC '•. oV, ••••••.••,• ��, •,,, • 4%*': R� /L'iLiC Notary blic Residingat: o h: 0,• • '•••••••• •` Ui/ My Commission Expires: • viLTIt%, Page 2 of 3 K:\Planning Dept\Eagle Applications\RZ&A\ I 995\RZ-95 MOD4 Eagle Marketplace\DA\RZ-95 MOD4 Eagle Marketplace DA MOD CC FNL VER.doc OWNER: ALTURAS EAGLE MARKETPLACE, LLC, an Idaho limited liability company BY: ALTURAS CAPITAL PARTNERS, LLC, an Idaho limited liability company ITS: MANAGER By Travis B, CEO STATE OF IDAHO ) : ss. County of Ada ) On this ti day of M `f , 2024, before the undersigned notary public in and for the said state, personally appeared TRAVIS BARNEY, known and identified to me to be the CEO of ALTURAS CAPITAL PARTNERS, LLC, the Manager of ALTURAS EAGLE MARKETPLACE, LLC, 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. KIRK LEWIS COMMISSION #20233453 NOTARY PUBLIC STATE OF IDAHO My Commission Expires 08/21/29 Notary Public for Idaho Residing at: eaf Lam) My Commission Expires:_ kv 7zt/ioz-R Page 3 of 3 K:\Planning Dept\Eagle Applications\RZ&A\I995\RZ-95 MOD4 Eagle Marketplace\DA\RZ-95 MOD4 Eagle Marketplace DA MOD CC FNL VER.doc L WALGREENS DA 3212 E.CHINDEN BLVD. I EAGLE, ID.83616 architecture ollaborative State Stre2�8.5e Suite14.2713 123 - Eagle ID 83616 ..9,.1191 H X 3 REVISION DESCRIPTION I DATE 1