Development Agreement - 2024 - Bronco Acres / Mustang Crossing Amended & Restated - 10/17/2024ADA COUNTY RECORDER Trent Tripple
BOISE IDAHO Pgs=16 BONNIE OBERBILLIG
CITY OF EAGLE, IDAHO
2024-058887
10/18/2024 02:26 PM
NO FEE
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 Lao
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement is 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" or the "City"), JACKSONS FOOD STORES, INC. ("Jacksons"), and MUSTANG CROSSING
EAGLE, LLC (""Mustang Crossing"). Jaeksons and Mustang Crossing are sometimes referred to
individually as "Owner" and collectively as "Owners:'
WHEREAS, Owners are the owners of record of certain real estate identified as Ada County parcel
numbers R2860500066, R2860500090 (collectively, the "Mustang Crossing Parcels"), and R2860500146
(the "Jacksons Parcel") (the Mustang Crossing Parcels and the Jacksons Parcel are collectively referred to
as the "Property"), as specifically defined in the attached legal description (Exhibit A) arid shown on the
Concept Plan (Exhibit 1), which is subject to an application for rezone, identified as Eagle Rezone
Application No. RI-04-17, and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-04-17 MOD2; and
WHEREAS, the Property is subject to that certain Amended. and Restated Declaration of
Covenants, Restrictions, and Easements recorded in the real property- records of Ada County, Idaho, on
October 21, 2021, as instrument number 202.1--152772 (the "Amended and Restated Declaration"); and
WHEREAS, upon recordation of this Amended d and Restated Development Agreement, that certain
Development Agreement recorded in the real property records of Ada County, Idaho, en October 24, 2017,
as instrument number 2017-101445 (the "Original Development Agreement") shall be void and of no
further force or effect on the Property; and
WHEREAS, Jacksons has developed the Jaeksons Parcel as a convenience store with fuel service
use, which is currently in operation; and
WHEREAS, AS, Mustang Crossing desires to develop the Mustang Crossing Parcels with an 8-lot (7-
coninaercial, i-residential/flex space) conirnercial subdivision, as generally shown on the Concept Plan;
and
WHEREAS, Mustang Crossing, has previously applied for a modification to the original rezone
(RZ.-04-17) associated with the Property pursuant to Rezone Application No. RZ-04-17 MOD, which
modification was subsequently withdrawn by Mustang Crossing; and.
Page 1 of 12
K:'P)aaamn DepbEi'agte Appiieatiun £C BS`2O22\B,,N1c.o Acres Sob FPbP''DA'3nmce Ao o, Sub DA — CC FNi. V R./2S24.1OS.1?i
'WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Ilse Map of the
Comprehensive Plan as Mixed Use and zoned MU-DA (Mixed Use with a development agreement); and
WHEREAS, the City Council of Eagle has determined that the scope of and commercial project
uoon the Property should be limited to prevent undue damage to, and to otherwise he in harmony with, the
existing coznunity; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owners' 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 Mustang Crossing
Parcels are developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, Owners have agreed to the use restrictions and other limitations set forth herein upon.
the use and development of the Property and have consented to the MU-D.A. (Mixed Use with a development
agreement) zoning designation for the Property with the requirements set forth in the Original Development
A.greernent as replaced by this Amended and Restated Development Agreement; and
'WHEREAS, the City Council has deteixni tied that, in accordance with Eagle City Code Section 8-
2-1, this Amended and Restated Development Agreement is to be used in lieu of the PUD and conditional
use process; and
WHERE.A.S, Owners have provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C-Y and C-2) pursuant to Eagle City Code Section 8--10-1(C)(i); and
WHEREAS, Owners and the City desire to enter into this Amended and Restated Development
Agreement.
S
NOW, Ti{ERE.FORE. for and in consideration of the mutual covenants contained herein, it is
agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Amended: and Restated Development: A.greernent is made pursuant to and in accordance with the
provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10,
ZONING 7) ARTICLE 11
ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Earle Zoning Ordinance to rezone the Property to MU--D.A,
subject to the provisions of a development agreement. Ordinance #595 became effective after its passage,
approval, and publication on January 14, 200g, and Ordinance 4595 will. continue to be effective after the
execution and recordation of this Amended and Restated Development Agreement.
ARTICLE III
CONIM IONS OF (DEVELOPMENT
3.1 Owners will develop the Property subject to the conditions, lin:iiiations, and rights set forth in this
Amended and Restated Development Agreement. Further, Owners will submit such applications regarding
design review, preliminary and final plat reviews, andlor any conditional use permits, if applicable, and any
Page 2 of 1.2
K:' Ia:cing :g3dfia le. Appii^.ationE SUBSl2022 bronco Acres Sub PPi P'DA`wroneu Aer„s Sub D,0 — CC FNL :'^Y (2024.09. E 7)
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
A greement.
3.2 Owners shall complete the Design Review process for the site (as required by the Eagle City Code)
and shall comply with all conditions required by Ea, ice as a part of the Design Review prior to issuance of
a building permit.
3.:; The Concept Plan represents the Owners current concept for coimpietion of the Project. A.s the
Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be
required. If the City determines that any such changes require additional public comment before coming
into effect due to potential impacts on surrounding property or the community, a public hearing shall be
held on the changes and notice shall be provided as may be required by the City,
�.4 Buildings shall not exceed 20,000 square feet in size; however, the City may allow larger building
footprints after a public hearing described in Section 3.3. Buildings in excess of 30,000 square feet are
prohibited,
3.5 The setbacks s shall be as fbllo-ws(as measuredfrom perimeterr:
. i; i �i'S_ XE the £�F t11�` site):
Front (south property line) 20 feet
Rear (north property line) 20 feet
Side (east property line) 7.5 feet
Street Side (west property line) 20 feet
Side (interior) 0 feet
Maximum coverage 92%
Maximum 'building height 35 feet (unless !invited by the Amended and. Restated
Declaration any exceptions to the maximum height require a
conditional use permit)
3.6 Except for the limitations and allowances expressly set forth above and the other terms and
conditions of this Amended and Restated Development Agreement, the Property Carl be developed and used
consistent with the Mixed Use District: (MU) zoning designation under eagle City Code Section 8-2-3,
effective at the time a design review application or conditional use permit application (whatever the case
may be) is made for individual building- use.
All uses marked with a "P" for permitted use under the MU zoning designation in the "Official
Schedule of District Regulations" in Eagle City Code Section 8-2.3 shall be considered permitted uses, and
all uses shown as "C" for conditional use under the MU zoning designation shall require a conditional use
permit.
Notwithstanding the tbregoing;, the following uses shall be permitted on the Property and shall not
require a conditional nse i_lerinrt notwithstanding the provisions of Eagle City Code Section 8-2-3:
* .Arts and crafts shows
• Childcare (daycare center and group)
• Commercial entertainment facilities (indoor)
* Government building, offices
Laboratories
• Laundromat
Laundry (with drive -up service)
i_:ibrar y
• Microbrewery
Page 3 of i2
K: Pisn i::g 7:pt Ezgin Applications y SUSS120221Eironc, Acres Sub PPFP'Bronco. Acres Sub DA --CC PNL VIP (2G24.09.17)
• Museum
• Nursingconvalescent home
• Retail sales (general and limited)
• Retailloffice buildings
$ Research activities
• Restaurant (with drive -through)
in addition, and in accordance with Eagle City Code Section 8-6-4 (entitled "Uses Permitted"),
which allows up to ten percent (IO`i.0 of the gross land area to be directed to other commercial uses that are
not allowed within the land use district, the existing convenience store with fuel service u.sa on the Jack.soris
Parcel shall be a permitted use on the Property.
The following uses shall be prohibited on the Property notwithstanding the provisions of Eagle City
Code Section 8-2
• Adult business
* Ambulance services
• Boarding house, lodging house, or dormitory
ob Cemetery
▪ Circuses and carnivals
m Drive-in theater
• Equipment rental and sales yard (except as par: of a retail store such as Tractor Supply, D&B
Supply, etc. )
• Golf course
• Hospital.
• Horticulture (general and Iirn_ited)
▪ Kennel (except as an ancillary or incidental use of a retail pet store)
• Public service facilities
• Residential mobile home (single unit) (primary residence)
Residential mobile home (si:ri ;le unit) (temporary living quarters)
• Riding academies/ stables
* Small engine repair (except as an anailiary or incidental use to a motorcycle or motorsports
retail store or dealership)
Storage (fenced area)
• Any other uses prohibited under the Amended and Restated Declaration
3.7 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
entirety of the development and shall include a minimum forty-eight inch (4-8") berm (measured from the
centerline of the adjacent roadway), decorative block wall, minimum forty-eight inch (48") high
landscaping; or combination thereof 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-th3: i lanes (i.e., vehicle headlights and vehicle cueing).
3.8 The commercial, retail, and/or office buildings on the Property shill be constructed utilizing
architectural styles identified in the Eagle Architecture and Site Design Book. As individual buildings go
through the design review process, the applicable designated property owner or group shall demonstrate
the complimentary relationship, in terns of building height and style, to adjacent existing or proposed
buildings within the development in order to produce an internally consistent development.
3.9 The Property shall incorporate pedestrian amenities that encourage pedestrian use of the
corresponding facilities such as outdoor drinking fountains, benches, and tables. The amenities shall be
reviewed and approved by the Design Review Board and. City Council prior to the construction of said
Page 4 of 12
K.f')saniag DecB_?xpie. Appheetions\SJBS`20224Bronco A ryes Sub apy7' A\i3,,r ,o ACTC,i S+:. DJ —CC 3,Ni. V ER (2024R9.17)
amenities in the applicable phase or portion of the Property that is being developed.
3.10 The development shall _include a ten foot (10') wide buffer area adjacent to the northern boundary
of the Property as noted in the Concept Plan. The ten foot (10') wide butler area shall contain a pre -cast
concrete fence six feet (6') in height. The pre -cast concrete fence shall be constructed prior to the issuance
of the first building permit. As noted in the Concept Man, the Property shall include the required buffer
Area adjacent to North Park Lane and State HI.ghway 44 based upon the location of the parking areas and
buildings per Eagle e City Code, as effective at iiie time any particular Lot is developed,
3.11 Each designated property owner or group shall submit a design review application for each portion
or phase of the Property under development showing at a minimum the following, as applicable: (1)
proposed development sigraue, (2) planting de''aiis within the proposed and repaired landscape islands acid
all common areas throughout the Property, (3) elevation plans for ail proposed common area structures and
irrigation pump houses (if proposed), (4) landscape screening details of any irrigation. pump house (if
proposed), and (5) useable amenities such as picnic tables, covered shelters, benches, gazebos, bike racks,
aadior similar amenities. The design review application shall be reviewed and approved by the Eagle
Design Review Board prior to commencing construction of the applicable structure(s).
3.12 All living trees shall be preserved unless otherwise determined by the City Council. A detailed
landscape plan showing how the trees will be preserved (-unless approved for removal by the City Council)
shall be provided prior to the submittal of a final plat application. Construction fencing shall be in,stalled to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
3.13 The building layout shall be designed such that parking areas are not concentrated between the
buildings and State Highway 44. The location of buildings and parking areas, for each phase or proposed
improvement thereafter, shall be reviewed and approved by the Design Review Board and City Council
prior to issuance of a zoning certificate,
3.14 Owner(s) shall provide a license agreement with .Ada County Highway District (ACHD) approving
arty landscaping located in the public right of way abutting the western boundary- of the Property (North
Park Lane) prior to recordation of the final plat.
3.15 Owners shall dedicate a right of -way w Ada County in the northwest corner of the Property as
required by ACHD and as generally noted in the Concept Plan. Said right of way provides a connection
between North Sauer River Avenue in the Property along the east side of North. Park Lane to the north of
the Property, North Park Lane, and the private internal roads within the Property.
3.16 The development to the east of the Property includes a road stabbed to the Property. If the owner
of the property to the east is subject to a lawful requirement to provide connectivity between its property
and the Property, Owners will provide connectivity with the adjacent property to the east. As part of any
phases of development of the remainder of the Property following Phase I, Owners will provide a cross-
access agreement with the adjacent property owner to the east. The cross -access agreement shall he
executed, recorded, and referenced prior to the issuance of a zoning certificate for future development
phases of the Property.
ARTICLE TV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of Owners are attached hereto and incorporated by reference herein agreeing to subject the
Property to this Amended and Restated Development Agreement (Exhibit C-1 and f:-2) and to be bound
thereby, and to comply with and be bound by the provisions set forth in Idaho Code Section 6: -651 1 A and
Ea.wgle City Code Section 8-10-1, incorporated herein. by reference.
Page 5 of 12
K:`S'3am:iue Dept\Eagle Appliebfion_\SUBS `,20?_`.'J3mr oArcu Sub PPFP\DA\i3ronce Ares Sub DA— CC FM_
ARTICLE V
DEFAULT
5.1 In the event Owners fail to comply with the commitments set forth herein within ninety (90) 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 orsuch enjoin violation and otherwise enforce the requirements contained
in this Amended and Restated Development Agreement or to terminate this Amended and Restated
Development Agreement following the process established in Eagle City Code Section 8-10-1.
If required to proceed in a court of law or equity to enforce any provision of this Amended and
Restated Development Agreement, the prevailing party 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 Amended
and Restated Development Agreement, including attorneys' fees and court costs.
5,3 In the event this .Amended and Restated Development Agreement is terminated pursuant to this
Article V prior to completion of the conditions of development set forth in Article TJi, and no amendment
is 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 a.11o e,d
within the Agriculturai-Residential. District (A-R) zoning designation until such a time as Eagle enacts and
records an ordinance changing the zoning designation. of the Property or Owners and the City enter into
another development agreement.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to the terms of Section 5.3 above, if any terra, provision, commitment, or restriction of this
Amended and Restated Development 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 'Owners (or other appropriate party) and Eagle.
ASSIGNMENT
ARTICLE
' II
ASSIGNMEN i, AND TRANSFER
After its execution, this Amended and Restated Development .Agreement shall be recorded in the office of
the County Recorder at the expense of Mustang Crossing. Each commitment and restriction on the Property
shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent
property, and other residential property :ear the Property, and shall ran with the land. This Amended and
.Restated Development Agreement shall be binding on the Owners and their respective heirs, administrators,
executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any
portion of the Property is sold, the seller shall thereupon be released and discharged from any and all
obligations in connection with the Property or portion thereof sold arising under this Amended and Restated
Development _A.greement. The new owner of the Property or 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 Amended and Resulted Development
Agreement with respect to the Property or portion thereof.
ARTICLE 'VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this .Amended and Restated Development. Agreement
shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509,
Page 6 of 12
#. APiaaairc t:' p' .a is Apclicati0usl5_N3,22022s.Bronco ,cis Sub l'PFP\DA`:^o0na:o Afa. Sob DA -- CC FNl. Vi>:: (2024.09. Y?)
as required by Eagle City Code Section 8-10 1. Zither Owner may, with Eagle, modify this Development
Agreement rtt v-ithout the conseirt of the other Owner provided the modification is not prohibited by the
Amended and Restated (Declaration and exclusively pertains to the modifying Owners portion of the
Property. The foregoing shall not preclude the other Owner From commenting on a proposed modification.
8.2 Paragraph Heading. This Amended and Restated .Development Agreement shall be construed
according to its fair meaning and as if prepared by all parties hereto. Titles and captions are for convenience
only and shall not constitute a portion of this Amended and ,Restated Development Agreement. As used in
this Amended and. Restated 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 Amended and Restated 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 Amended and
Restated Development Agreement, Any action brought in connection with this Amended and Restated
Development Agreement shall be brought in a. court of competent jurisdiction located in Ada County, Idaho,
8.4 Legal i Representation. Both Owners and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Amended and Restated Development _Agreement and that neither party
shall be deemed to have been the drafter of this Amended and Restated Developrnent 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, or such other address and to such other
persons as the parties may hereafter designate. Arty such notice shall be deemed given upon re! wi t if by
o- ' 1tthe smail, rs w
personal delivery, forty-eight ���,: hours alter deposit in United States : ai:, if sent by email pursuant to
the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service.
Eagle:
City of Eagle
660 E. Civic Lone
Eagle, To 83616
Owners: Jacksons Food Stores, Inc.
Attn: Real Estate
3450 E, Commercial Court
Meridian, Ili 83642
Mustang Crossing Eagle, LLC
Attn: Myron Zimmerman
1388 Sutter Street, Suite 918
San Francisco, € A 94109-5468
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to
provide, upon written request from Eagle, adequate financial assurance to Eagle to secure the payment of
any deferred balance of the attorney fees and the engineering frees, together with interest accrued thereon, Eagle
shall provide to Owners an estimate for the anticipated attorney fees and engineering ::eke associated with this
Amended and Restated Development Agreement. 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
Amended and Restated Development Agreement. Thereafter, Eagle shall bill Owners for such fees, adjusting
the estimates as appropriate. Owners shall make payments for such fees as incutred by Eagle and as invoiced to
Owners or, it Owners inwe made a cash deposit with Earle, Eagle may draw on the deposit to pay its invoice. If
Page 7 of t2
KRPleu :ina .E le Appiic aioad {jBS'.2027)Bronso Aeres Sub PEFP)DA'3ron^_o dcree Sib DA — CC FhiL \ER 2O24 G9. S?)
the financial assurance deposited by Owners is in the t'orni of a letter o1 credit, and if Owners fail to make
payment or 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 Owners. Thereafter,
if the then -current estimated fees still to be paid exceed the amount of the then -current balance of the financial
assurance (whether it be in the form of a cash deposit or a letter ofcrediit), Owners sb all replenish the financial
assurance and shall become current as to all outstanding fees owed. 'Upon payment in full of a 5 attorney fees
and engineering, fees, Eagle shall release to Owners the unused portion of the cash deposit or the letter ofcredit:,
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 tnater£a.i
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 Property;
(b) withhold the connection of wafer, sewer, or electric service to any property located within the
Property;
(c) refuse to accept:public ownership and maintenance of public improvements within the Property
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 Property;
(e) withhold reimbursement of the surety/finaneiai guarantee of performance collected pursuant to
Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
(:) bring an action for damages, injunctive relief, specific performance, or any other remedy
available at law or in equity;
Ail of the above remedies are cumnulative 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 late. This Amended and Restated Development Agreement shall be effective upon its
execution by all the parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Amended and Restated
Development 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 limited liability
5
company) action, and necessary corporate (or limited liability company; resoiution(s) have been executed
for the undersigned representatives to sign this Amended and gestated Development Agreement and to so
bind their respective parties.
Page 8 of 12
K:Tiarring i;epiiEagl Apr;iccatiom\SUBS':.022\Bronco Axes Sub PPFEADAiBronco Ac:;s Sub DA -- CC F NE. VEB. (2.02.4.0. i 7)
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the below party has executed this Amended and Restated Development
Agreement.
DATED this
API EST:
Tracy E.
a
day of Pi , 2024.
sborn, 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
cs
On this 11 day of C)C7f019a. , in the year Watt , 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 affixe I my official seal the day and year first
written.
Not Public_
Residing at: E0,411Bi
My Commission Expires: 1-- J 2�
Page 9 of 12
K'.I'lanning Dept‘Eagle Applications \SUBS'L022!Broneo Acres Sub PPFP`AAlBronca Acres Sub DA — CC FNL VER (2024.09.17)
COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the below party has executed this Amended and Restated Development
Agreement.
DATED this t514' day of , 2024.
STATE OF IDAHO
County of Ada
: ss.
)
OWNER: JACKSONS FOOD STORES INC.
By:
Cory" ac ore; Secretary
On this ' day of , 2024, before the undersigned notary public in and for
the said state, personally appeared CORY JACKSON, known or identified to me to be the Secretary of
Jacksons Food Stores, Inc., the owners of the property referenced herein and the persons who executed the
foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
NotPublic for Idaho
tiding at: ti -, lam'
My Commission Expires: I B • /."
Page 10 of 12
K,\Planning Dept\Eagle Applications\ SUBS\2022\Bronco Acres Sub PEEP \DA\Bronco Acres Sub DA -CC FNL VER (2024.09 17)
IN WITNESS
Agreement.
DATED this
WHEREOF,
COUNTERPART SIGNATURE PAGE
the below party has executed this Amended and Restated Development
s'1 day of � �`.f < ~ , 2024.
OWNER: MUSTANG CROSSING EAGLE, LLC
r:
By
Zimmerman, Manager
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached., and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Sq6,1
On t : o eic F ' before me, 1 h f� fi 0 f Aso pey
personally appeared Myron Zimmerman, who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
,ff
(Seal)
BALENTIN LUGO
Notary Public • California
San Francisco County
Commission # 2422486
es
My Comm. Expires Oct 23, 2026
Page 11 of 12
K>\Planning Dept AEagle Applications \SUBS'2022`BroncoAcies Sub PPPP'DA'Bronco Acres Sub DA— CC FNL VER (2024.09.17)
INDEX OF EXHIBITS
A Le4:ta1 Description
Concept Plan
C-1 Affidavit of Cory Jackson
C-2 Affidavit of IVIyron Zimmerman
Page 12 of 12
EPiartoing Dcr.:Tagie Applicmionss.S1J135,202211tuneo Ams Sub PPFP',DAllroncu A,uos Sob DA -- CC FN VER. (2024.09. l7)
EXHIBIT "A"
tune 14, 2024
Project No. 22-050
D>eve epment Ag e.ement Overall Bour dary
A parcel of land being all of Lots 1, 4, and 9, Block 2 of the Amended Plitt of lint Estates (Book 45 of Plats, Pages
3713-3 r 14, Records of Ada County: idano), situated ,n the Northwest 1.r 4 of the Southeast 174 of Section 12,
Township. z' North, Range e 1'Nes3, Boise tiff aridi n; City or Ea le ,t+C a Counti, Idaho and being more particularly
described as follows:
i.omrnencing at a found aluminum cap marking the Center 1/4 corner of said Section 12, which bears NB '27'06"E a
distance of 2,6 1,24 feet from a found brass cap ;narking the South 1/4 corner of said Sea on 12, thence following
westerly i##leLf said Northwest '114 of the Southeast 1/4 of Section 1.2, S00}'. t 06'0. a distance of 973.30 feet;
the
Thence 89u32'54"E a distance of 16,8'} feet to the intersection of the easterly righ't--of-
leaving said westerly line, S�
way line of N, Park €-aria and the southerly # g :t-cf- :iay line of W.johrmy Street and being the POINT OF
BEGINNING.
Thence following said southerly right-of-way line, N89"36'51"E a distance of 148.24 feet to the easterly right-of-way
line of W. Sauer River Avenue;
Thence leaving said southerly right-of-way line and following said easterly right-of-way line the following four (4)
courses:
1. t00 29 28''E a distance of 50.32 feet;
n, N4,t` 36:'05" E a distance of 7.23 feet;
3. N89`36'5" E_ a distance of 7.63 feet;
N0 °23'28„E a distance of 11.85 feet to the northerly boundary line of said Lot 1;
Thence leaving said easterlyright-of-way line and following the northerly boundary line of said. Lot 1 and said Lot 4,
If'.SO'-3C'56' E a distance cif 1,183.E5 feet to a found 5/8-inch reber marking the Northeast corner or said Lot' cm the
westerly boundary line of Arts West Subdivision (Book 102 of Plats, Pages 13506-13510, of Ada County,
I�ec:orus `i
Idaho);
Thence e leaving said northerly boundaE ' line and following said. westerly subdivision boundary line, 500'20'36`">fk' a
distance of 360.48 feet to the northerly right--of-way line of E'L'. State Street;
Thence leaving said westerly subdivision boundary line and following said northerly right-of-way line the follow
three (3) courses:
1. S8S`42'11"W a distance of 610.01feet to the Southwest corner of said Lot 4;
2. 589'466'16"W a distance of 290.49 feet;
3, 457,33 feet along the arc of a curve to the left, said curve having a radius of 5,764.65 feet, a delta angle of
04'32' 44" a chord bearing of 587 13'47 W and a chord distance of 457.21 feet to said easterly right-of-
way line of N, Park Lane;
"hence le_av :nw said northerly right-of-way line and following said easterly right-of-way line the following three (3)
courses:
1. N00'40'32'E a distance of 2010feet;
2. NOO'40'32"E a distance of 228.50 feet;
3. NOO"40'32f"E a distance of 62.22 feet to the POINT OF BEGINNING.
Said parcel contains 10,941 acres, more or Tess, and is subject to all existing easements and/or rights -of -way of
record or implied.
EX1-11:3;T::8:'
< 0
...1.i..
; I "
.....
. .....
iNK CM.,
bs,
6 :
8
..',------'\;
---;
,1
,-,,,i
iT=1-''''
-1•.";. ,
r .. ‘....,.;,...-,-(
‘ 1y N
ei
;.:.=,[ I
;
,.....,_..:
,___.,_
4-1-;--- ' '
er,1,5
3,0,1 N1,6
AFFIDAVIT OF LEGAL INTEREST
State of Idaho
County of Ada
CORY JACKSON, who being first duly sworn under oath, deposes and says:
I am CORY JACKSON, the Secretary for Jacksons Food Stores, Inc., whose mailing address
is 3450 E Commercial Court, Meridian, Idaho 83642 ("Owner").
Owner is the fee simple owner of the parcels of real property identified as Ada County parcel
numbers R2860500146 (the "Parcel").
3. Pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle city Code
Section 8-10-1, Owner authorizes the submission of the Parcels to a development agreement
to be hereafter entered into by and between the City of Eagle, a municipal corporation in the
State of Idaho, Mustang Crossing Eagle, LI.C, and Owner,
DATED this 10"' day of , 2024.
Jacksons Food Stores, Inc.
Byk•-.7;:ft,''—
sw'ss-Corv) Jack )1), Secretary
Subscribed and sworn to or affirmed) before me on this day of ST .1-"-A" 1,7-", 2024, by
Cory Jackson, proved to me on the basis of satisfactory evidence to be the person who appeared
before me,
(Seal)
I-10 IVA s4,„
pb
v1,0- 20z).
VITO
44 14 794
40 '•tkoi AR V. 4.1
..? "
Signature/
i i \
1 ,
L.,./
AFFIDAVIT OF LEGAL INTEREST
MYRON ZIMMERMAN, who being first duly sworn under oath, deposes and says:
am MYRON ZIMMERMAN, the Manager of Mustang Crossing Eagle, LLC, whose mailing
address is 1388 Sutter Street, Suite 918, San Francisco, CA 94109-5468 ("Owner").
Owner ner is the fee simple owner of the parcels of real property identified as Ada County parcel
numbers 1 860500066 and R2860500090 (the "Parcels"),
Pursuant t he provisions set fbrth in 'Idaho Code Section 67 ^4 and 3. r r.. staanr toI.ti �r �-�� � 7.A a�.c. Eagle City Code
Section 8-10-1, Owner authorizes the submission of the Parcels to a development agreement
tc, be hereafter entered into by and bctwet 1i the City of Eagle, a municipal corporation in the
State of Idaho, Jacksons Food Stores, Inc,, and Owner,
DATED) this 1 7 day of t 2074.
Mustang Crossing Eagle, LLC
'G 111 e f ar`_, Manager
A notary public or other officer oornOeting this
certificate verifies only the identity of the indivi tual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ,,
Subscribed and sworn to (or affirmed) before me on this Iay of
by Myron. Zimmerman, proved to me on the basis of satisfactory evidence to be the person who
appeared bethre rz-re.
.EENNWEk S .MU,i1
NotAry Puiziic • Exiifertt'sa
San MAK i.cetty
Corn short # 245fil73
y C�mmo Expires Sep §, 2027
(Seal.
Signature
• _)
/ ( 3
0
ti