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Development Agreement - 2024 - Everton Subdivision - 7/15/2024ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=32 MATT BUNK CITY OF EAGLE, IDAHO 2024-039064 07/18/2024 09:06 AM NO FEE Recording Requested. By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O..Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not 'vVrite Above This Line 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 ("City"), by and through its Mayor, and TH. LOST RIVER, LLC ("Owner"). RECITALS \WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos, S04104.27820 and S0410438600 (``Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No, RZ-_02.-23; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural -Urban Transition — Ada County designation); and WHEREAS, the Owner desires R-1-DA-P (Residential with a development agreement — PUD), R--4-DA-P (Residential with a development agreement — PtJD), R-6-DA-P (Residential with a development agreement — PIJD), and C-2-D.A-P (General Business District with a development agreement -- PUD) zoning classifications to develop a mixed use development on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any mixed use development upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing COMM and WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and Pagel OE l 1 K:Whinr6, g Depd.E4o Appi, atio s`.PreFn:inu} D-veiep:u,nt Plaos'2023'' verta: Sebriivisio, A F7 CU P'UD PP1DA\iive :or, Sub DA CA: FNL \'ER.det WHEREAS, the 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 R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6- DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement — PUD) zoning designations for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference. 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 The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement — PUD), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 The maximum density for the Property shall be 2.99 dwelling units per acre (136 single-family detached and 74 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. 3.3 The Concept Plan (Exhibit C) 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. Page 2 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all 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 and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners 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 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the C-2 (General Business District) land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the C-2 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the C-2 zoning designation shall require a conditional use permit. The following uses which are shown as "C" conditional uses under the C-2 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be prohibited uses on the Property: • Automotive body shop • Automotive gas station or fuel islands • Automotive gas station/service shop • Automotive repair • Building supply outlet • Cabinet shop • Coffee roasting facility • Commercial entertainment facilities (outdoor) • Contractor's yard and/or shop • Convenience store with fuel service • Live entertainment events • Machine shop Page 3 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc • Storage fenced area • Tire shop, including recapping • Truck and equipment repair and sales (heavy) • Welding, tool shop • Woodworking shop 3.5.1 Any building with a proposed drive-thru shall include a minimum forty-eight inch (48") high berm (measured from the centerline of the adjacent roadway), decorative block wall, minimum forty-eight inch (48") high landscaping, or combination thereof shall be provided adjacent to the drive-thru lanes or a minimum forty-eight inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing). 3.6 Commercial buildings shall not exceed 15,000-square feet in size. The total square footage of the building area for commercial uses within Property shall not exceed 100,000-square feet. 3.7 Owner shall submit a design review application(s) showing at a minimum: 1) proposed development signage, 2) planting details within all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed, and 4) useable amenities such as pool house, tot lot, picnic tables, covered shelters, benches, gazebos, and/or similar amenities. Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways having a collector status or higher. Commercial/retail buildings, single- family attached dwellings, and common area amenities shall be required to meet the design review requirements as set forth in the Eagle Architecture and Site Design (EASD) Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, single-family attached dwellings, common area amenities, pumphouse for irrigation, and structures located within the Subdivision Common Area (as shown on Exhibit C). The design review application(s) shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.9 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit «E 11 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). Page 4of11 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's 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 building 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 meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.10 Owner shall comply with all applicable Eagle Sewer 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. 3.11 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to, the separation distance between an electrical transformer and structure. 3.12 Owner shall comply with all pathway requirements as identified in Exhibit "F" provided within the Parks, Pathways, and Recreation Commission Pathway and Recreation Recommendation memorandum dated, May 23, 2023. All pathways shall be constructed prior to the City Clerk signing the final plat for the phase associated with the required improvement. 3.13 Owner shall provide a letter of approval to the City from Drainage District No. 2 and the Middleton Mill Ditch Company approving any encroachments of the canal company's facilities. The owners 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. 3.14 Owner shall place a 4'x8' subdivision sign(s) on the Property 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 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 B) and be 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. 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 City, City 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. Page 5of11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\ 2023 \Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, City 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. 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 City 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 City. 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 Owner, and its 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. Page 6 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER. doc 8.4 Legal Representation. Both the Owner and City 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. 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; City: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Owner: TH Lost River, LLC Attn: Jonathan Hastings 2973 North Eagle Road Meridian, ID 83646 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 City herein, Owner agrees to provide adequate financial assurance to City, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner 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, City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash deposit with City, City may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure from City, City may draw upon the financial assurance provided by the Owner. 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 Owner 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, City shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. City'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 Owner fails to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owner, 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; Page 7of11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc 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; E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at 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 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 8.9 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.10 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. 8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. Page 8 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this / 5 day ofi , 2024. A'h/FEST: Tracy E. o n, City Clerk STATE OF IDAHO ) : ss. County of Ada ) CITY OF EAGLE, a municipal corporation organized and existing under the laws of t - ..te of Idaho By: Bra. Pike, Mayor ,,to CI ,,,os,s ••O ......... Cl .G *i I*: SEAL' • (booRATb��•� 0 .? OF IM.... On this IS day of \)\- 1�� , in the year -w , before me, the undersigned, a Notary Public in and for said State, pe sonally 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 r official seal the day and year first written. •`•�••.....•.•,,�� b �� .•....•.,e •.,, • a ,t• •. tlOTARY •: coil S. Notary ' blic ��/� �. • L Gt jf 1J—� • • pUBLle • Residing at: ( J' •:'oi. No,11 51 * 0;My Commission Expires: Zl`Z(.CIZ T• Page 9 of 11 K.\Planning Dept\Eagle Applications\Preliminary Development Plans \2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER. doc COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this jot day of j►/l,111, 2024. STATE OF IDAHO : ss. County of Ada ) OWNER: TH LOS By: Jsnathtings, Manager On this ILZ day of , 2024, before the undersigned notary public in and for the said state, personally appeared NATHAN HASTINGS, known and identified to me to be the manager of TH LOST RIVER, 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. .--- AM, alb- ,__ti__. MISTY EDWARDS 0 Notary Public - State of Idaho Commission Number 20180681 I My Commission Expires Apr 23, 2030 Notary Public' for Id Residing at: M.QAk My Commission Expires: ' (23 1 ziD Page 10 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA CC FNL VER.doc INDEX OF EXHIBITS A - Legal Description B Affidavit of Owner C Concept Plan D - Fencing Plan E Building Elevations F - Parks, Pathways, and Recreation Commission recommendation Page 11 of 11 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Evertor Sub DA CC ENL VER.doc EXHIBIT "A" February 11, 2023 Project No. 22-081 Legal Description for Everton Subdivision A parcel of land situated in a portion of the West 1/2 of the Southeast 1/4 of Section 10, Township 4 North, Range 1 West, B.M., City of Eagle, Ada County, Idaho and being more particularly described as follows: BEGINNING at a brass cap marking the South 1/4 corner of said Section 10, which bears N89°09'29"W a distance of 1,307.46 feet from an aluminum cap marking the East 1/16 corner of said Section 10 and Section 15, thence following the westerly line of said West 1/2 of the Southeast 1/4, N00°36'50"E a distance of 2,645.85 feet to a 5/8-inch rebar marking the center of said Section 10; Thence leaving said westerly line and following the northerly line of said West 1/2 of the Southeast 1/4 (also being the southerly line of Snoqualmie Fix Subdivision, Book 125, Pages 20030-20032, records of Ada County, Idaho), S89°21'15"E a distance of 1,303.98 feet to an aluminum cap marking the Center -East 1/16 corner of said Section 10; Thence leaving said northerly line (and said southerly line) and following the easterly line of said West 1/2 of the Southeast 1/4 (also being the westerly line of Lincoln Park Subdivision, Book 4, Page 170, records of Ada County, Idaho), S00°32'20"W a distance of 1,897.58 feet to a 5/8-inch rebar; Thence leaving said easterly line (and said westerly line), N89°09'39"W a distance of 139.75 feet to a 5/8-inch rebar; Thence S00°32'20"W a distance of 636.23 feet to a 5/8-inch rebar; Thence N89°09'29"W a distance of 56.49 feet to a point being witnessed by a 5/8-inch rebar which bears S19°53'48"E a distance of 3.00 feet from said point; Thence S19°53'49"E a distance of 124.59 feet to a 5/8-inch rebar on the southerly line of said West 1/2 of the Southeast 1/4; Thence following said southerly line, N89°09'29"W a distance of 1,154.72 feet to the POINT OF BEGINNING. Said parcel contains a total of 76.869 acres, more or less. EXHIBIT "B" Affidavit of JONATHAN HASTINGS on behalf of TH Lost River, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada DAVID NIELSEN, who being first duly sworn under oath, deposes and says: 1. I am JONATHAN HASTINGS, who is Manager of TH Lost River, LLC, whose mailing address is 2973 North Eagle Road, Meridian, ID, 83646 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. Jonathan Hastings authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the 17- day of $js. y , 2024 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Jonathan Hastings, TH Lost River, LLC. (the "Agreement"). DATED this f,- day of (.)1411 , 2024. By: TH Lost River, LLC By Jonat . stings, Manager SUBSCRIBED AND SWORN to before me this 11- day of �� X , 2024. MISTY EDWARDS Notary Public - State of Idaho Commission Number 20180681 My Commission Expires Apr 23, 2030 t.:A,w*„d.e_J Notary Publior Idaho Residing at Nf� A4 & J v'. , Idaho My Commission expires `4' 1 2-31L Page 1 of 1 K:\Planning Dept\Eagle Applications \Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\DA\Everton Sub DA AFFIDAVIT EXHIBIT B.doc Exhibit "C" W ...Z. 2 j- i. I- CL LL t1 O 0 ‘.. Z Z e-I 0 O CA LI, V) =.• 0 cr) ▪ x 0 UJ I— Ul Z ci. LL 0 CS1 0-5 v9ca <I-LU 0 In U CC ›- n I= bl: .if5 Z I_ 0 Lu ur - 1-= z V • eN Z 0 u, u-I • -.... z 0 OG • W 0 < ▪ cc ,E 0 D 0- 0 < Lr) a WNW 3MMI1V ON °C) () z AR • a. 5 0 at 1 1: t .g At 23 8 -8 g. 81 Ali g2; 4 i al i 5 2888 « 1«1 ail« arlp:..0E a I iR iiia 4 E HEE pp 1 1111 11 1 ION NNN 1AEEA05 ..6 _ . . aamg a . aaa aaa 'aaa laaa '4;;. ,g 3g Sir ! PEE g ilfll al : t TPI !I 38 2 § ;1;4 ;fl Agl el ; ging lig . . • • • • • • @ 0 @ 8 3S110 NOW a 1 5 3 _ _ - - - :SE 3,antr3V11.171 rIN3AVIII 15.1 1 a 8 8 @ 0 0 88 a 0 0.0 0 @ ® a ® 880 facaelowan... 0 010 1 @I@ @ 5 X VICINITY MAP e2mIreN ,@) OM .33909 M.03,3 .005 IP II 000000000 .n V11111153AWIi 311N3AVRIVant, ellocmIlli"xAMTP 111111111111IMMIE E10111111101111.111111M waeeeeeeeeees 1111,11W f1.3110101 poi 1:2;SP © ° ® " 311,113V9IV,N 5 17. n 0 Z < 0 0 Ztii CLI 0 0 • U ),) Z < 0 CI U < CL U.1 a > LL2 CC LJU 0 CL CC ct :] CC CL. a 0 L 's 9 Exhibit "E" 17-1rrrmi Tyl :11 will WI MTH TM TU TIT rrn EXHIBIT "F" City of Eagle Planning and Zoning Administration Memo To: From: Subject: Date: Attachment(s): Copy To: Planning and Zoning Commissioners Steve Noyes, Trails and Pathways Superintendent Parks, Pathways and Recreation Commission Pathway and Recreation Recommendations A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23 Everton Subdivision 5/23/23 None Mike Williams, William Vaughan, Stephanie Hopkins Commissioners, The Everton Subdivision will play an important role in public recreation and alternate transportation. It will also add to our canal trail system. The proposed project is a 241-lot (212-residential [138-single family, 74-single-family attached], 11-commercial, 18-common) mixed use planned unit development. The 76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. is la) Millstone Arvory Cres Page 1 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx MOTION SUMMARY: On 5/18/23, the City of Eagle Parks, Pathways and Recreation Commission (PPRC) voted unanimously to recommend approval of this item with site conditions for approval as shown herein. This recommendation provides the following benefits for the residents of Everton and the citizens of Eagle: • Internal public Community pathways • Contribution to the canal system on two canals • Access for the Middleton Mill Ditch Company • 10-foot ACHD sidewalks on south and west borders • A playground located within a common area 1. PATHWAYS: The following list refers to callouts in FIGURE 1 unless otherwise noted. (Please note that FIGURE 1 was made with an early revision of the plan but will suffice for this purpose. The latest plan is provided on the Last page of this document.) 1.1. Pursuant to a master agreement made between the City and the Middleton Mill Ditch Company (MMDC), all improvements made within ditch company easements will require a license agreement for construction. The developer shall coordinate with ditch company as soon as possible to facilitate board approval. The developer shall provide the City with an executed and recorded copy of this agreement. 1.2. A = The developer shall provide 12-foot-wide Natural Surface pathways built to the City Standard for Regional Pathways (Modified Levee Construction) in the alignments shown. Justification: MMDC has been requiring the trail described to double as their access roads. 1.3. B = The developer shall provide 8-foot-wide concrete pathways built to the ACHD Standard for Sidewalks in the alignments shown. 1.4. G = The developer shall provide 10-foot-wide concrete pathways built to the City Standard for Regional Pathways (Modified Levee Construction) in the alignments shown. 1.5. C = The developer shall provide concrete lead-ins from roadways subject to ACHD and MMDC design approval. 1.6. D = The developer shall provide dog bag dispensers/waste receptacles in these general locations. The dispensers and waste receptacles are to be constructed using the following components unless otherwise approved by the City: Doggie Waste Bag Dispenser (Dark Green): Waxie Item #701601 Manufacturer Item: D003-WAX Page 2 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2023 \Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx Doggie Waste Bags (Black 10/200): Waxie Item: #701600 Manufacturer Item: D001-10-W Signpost: Common 2 3/8-inch diameter galvanized steel erected in a concrete base, using 2 (ea.) brackets or equivalent: Dispenser construction: Signpost to be erected in concrete base. Bottom of the dispenser shall be 42-inches from finished grade and the post centered 3-feet from the main pathway tread edge. Trash Receptacles: Belson P-32 32 Gallon Housing (green in color), with a P-32S Dome Top Lid. 1.1. E = The developer shall provide 10-foot-wide concrete pathways built to the ACHD Standard for Sidewalks in the alignments shown. 1.2. F = The developer shall terminate the pathways in a cul-de-sac design as described in Resolution 21-24 Trail and Pathway Design and Construction Standards, Section A.11, in these locations. Page 3 of 9 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx FIGURE 1 Page 4 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx 1.3. Connections to sidewalks, trails and pathways must be transitioned using a radius of no less than 8-feet (see design examples below in FIGURE 2). Curb ramps where pathways meet roadways shall be provided where they are permitted by ACHD. FIGURE 2 PI Page 5 of 9 II K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx 2. PUBLIC ACCESS EASEMENTS: The following list refers to callouts in FIGURE 1 unless otherwise noted: 2.1. A, C and G = The developer shall provide a public access easement(s) 25-feet in width in favor of the City of Eagle, with a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible for the alignment shown. 2.2. B = The developer shall provide a public access easement(s) 20-feet in width in favor of the City of Eagle, with a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible for the alignment shown. 2.3. All public trail or pathway easements shall be provided with a center line in GIS or CAD format with a defined area in the attribute, i.e., width and type of easement. These files will conform to City of Eagle data standards. 2.4. Easements for pathways that are anticipated to continue into other parcels shall provide sufficient area to do so. (Example: pathways that are conditioned to end short of a parcel boundary in a cul-de- sac design.) 2.5. Easement provision language shall include the following: The City of Eagle may construct, connect, or continue within this (or these) easement(s), public pathways as part offuture system expansion, and may authorize staff, contractors, or neighboring developers to facilitate such improvements within this (or these) easement(s) from any boundary to another public pathway easement or easements, or to parcels included in any public access agreement. 2.6. Public use of the pathways shall be limited to the width of the pathway tread or adjacent elements and facilities related to pathway use. 2.7. (Standard Language) If the applicant provides evidence showing any exclusive easement or legal right of any party that would preclude the granting of a public access easements in a specific location, the City shall require a separate easement adjacent to the one originally conditioned. 2.8. E = The developer shall provide public access easements in favor of Ada County Highway District for the ACHD sidewalks shown. 2.9. The City shall provide templates for easement preparation. The developer shall: 2.9.1. Request the easement agreement template from the Planning and Zoning Department. 2.9.2. Complete the agreement as required. 2.9.3. Facilitate its signing and notarization. 2.9.4. Record the easement with Ada County. 2.10. Public access easements shall be submitted to the City as part of the final plat application prior to the City Clerk signing of the final plat. Easements shall include the following: 2.10.1. Development/subdivision name (at time of final plat submission). 2.10.2. Survey depicting the location of pathways within the easement. 2.10.3. Map depicting each easement within the development/subdivision. 2.10.4. Vicinity map showing the development/subdivision within the map. Page 6 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx 2.11. Final plats shall include the following: 2.11.1. Pathway locations. 2.11.2. Construction standards for all pathway types. 2.11.3. Ada County Recorder number for each easement in a plat note. 2.12. If the developer cannot provide evidence showing exclusive easement, the "Ditch Company" may be operating under the provisions of Idaho Code sections 42-1102 and 42-1209. In this case, the property owner may also grant easement for public access and use so long as the City or Developer does not cause or permit encroachments of any kind without written permission from the Ditch Company. 3. CONSTRUCTION TIMING: 3.1. The pathways within each phase shall be completed prior to the clerk signing of the final plat on each phase. 4. MAINTENANCE: 4.1. The developer and future homeowners association shall provide maintenance of pathways shown as B in perpetuity. 4.2. Pursuant to a master agreement with the ditch company, the City shall maintain pathway A and G in perpetuity. 5. LIABILITY: (Information for easement Grantors) Idaho Code 36-1604 provides limitation of liability of landowners. The purpose of this code is to encourage owners of land to make land, airstrips, and water areas available to the public without charge for recreational purposes by limiting the owner's liability toward persons entering the owner's land for recreational purposes. Some of the benefits of this code are: • Owner is Exempt from Warning. An owner of land owes no duty of care to keep the land safe for entry by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for such purposes. • Owner Assumes No Liability. An owner of land or equipment who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes. • User is Liable for Damages. Any person using the land of another for recreational purposes, with or without permission, shall be liable for any damage to land, property. • As the Grantee of a public access easement, the City of Eagle is also protected. In this Code "landowner" is defined as a possessor of a fee interest, right-of-way, or easement, a tenant, lessee, licensee, occupant, operator, permit holder, or person in control of, or with a right or duty to maintain, the land. Page 7 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx 6. SIGNAGE: 6.1. A within all easements granted in favor of the City, the City shall reserve the right to display signage. (See examples in FIGURE 3) 6.2. The physical form including materials, placement, and message of any signage that the developer or HOA wishes to display within public access easement(s) must be approved in writing by the City. This public pathway is built on an easement granted to the City of Eagle by the adjacent property owners to enhance our quality of life. Please respect theirs. Stay on the path Leash your pets leave no trace EAGLE PRIVATE PROPERTY NO TRESPASSING ALL AREAS THIS SIDE OF THE PATHWAY ARE CLOSED TO THE PUBLIC PLEASE RESPECT OUR NEIGHBORS Thank you ^'.."t EArit }: For the health and safety of everyone DOGS MUST BE ON A LEASH ON AND AROUND PATHWAYS AT ALL TIMES Pet waste must be picked up immediately and placed in waste receptacles. TM C,rymove. pet ...be. year comm.., E.. CT Cane. 4.Si a 4.1.1 EAGLE The primary purpose of this pathway is to maintain the canal. This is Private Property and it wilt be closed to the public as required,. Please stay on the path and out of the canal. The City thanks this development and the Irrigation Ditch Company for allowing the public to use their maintenance road. Questions or concerns? Contact us at: tuns: cltyofeayle.org or (208)489-8769 EAGLE THIS AREA IS CLOSED TO THE PUBLIC Please Stay on the Pathway Monk you Thanks to an easement granted by this development the City of Eagle has the option of continuing this public pathway in the future. EAGLE For the health and safety of everyone DOGS MUST BE ON A LEASH IN THIS PARK AT ALL TIMES INCLUDING TRAILS Pet waste must be picked up immediately and placed In waste receptacles. ypsf ..rb uM. GM. C.f.. • 5.1 • 4.i.2 EAGLE For the health and safety of everyone PET WASTE MUST BE PICKED UP IMMEDIATELY AND PLACED IN RECEPTACLES Citations may be Issued. Cable City Codes 4.5.1 6 4.5.2 EAGLE. Downtown 4' Boise 10) MI Lucky Peak Dam 21.1 MI Alterante !Unpaved) 1114\44444w lop LEASH !REQUIRED CITY CODES 4.5.1 && 4.5.2 FIGURE 3 Page 8 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx 7. RECREATION IN COMMON AREAS: 7.1. The developer shall provide a small playground (or "tot lot") within a common space within this project. Location and equipment to be determined. END OF PPRC RECOMMENDATION Page 9 of 9 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Agency Responses\Everton PPRC Rec me.docx