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.
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Page I of 3
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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
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�AG LE *
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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.
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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:_
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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
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3212 E.CHINDEN BLVD. I EAGLE, ID.83616
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REVISION
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