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Development Agreement - 2024 - Terra View South Amended & Restated - 11/14/2024Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=15 ANGIE STEELE CITY OF EAGLE, IDAHO 2024-060240 10/24/2024 03:20 PM NO FEE Re-record to include missing exhibits ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=24 VICTORIA BAILEY CITY OF EAGLE, IDAHO 2024-064774 11/14/2024 08:48 AM NO FEE For Recording Pufl3oses Do Not Write Above This Line AMENDED AN RES'IATED DEVELOPIENT AGREEMENT This Amended and Restated Development Agreement (this "Development Agreement"), made and entered into on the date a indicated herein, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle), TV 44, LLC, and ARTIC WILD, LLC ("Owners"). WHEREAS, Owners are the owner of record of certain real estate consisting of four (4) parcels consisting of approximately 171-acres, Ada County Parcel numbers SW103223250 (Ai -tic Wild, LLC), 80403234000 (Artie Wild, LLC), S0404110110 (TV44, LLC), and S0404417250 (TV44, LLC), ("Property"), as specifically defined in the attached legal description (Exhibit A), which is subject of applications for a development agreement modification and rezone, identified as Rezone Application Nos. R.Z-13-18 MOD and RZ-10-23; and WHEREAS, Upon recordation of this Development .A.greement, that certain development agreement recorded in the real property records of Ada County, Idaho, on April 3, 2019„ as instrument number '2019-026052'; (the "Original Developnient Agreement") shall be void and of no further force or effect on the Property; 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 Village and Community Center, Compact Residential, and Neighborhood Residential and zoned -MU-DA (Mixed Use with a development agreement) and R.-2-DA (Residential with a development agreement); and WHEREAS, Owners desire to develop the Property with a 361-lot (230-single family residential, 71-single family attache.d, 25-commercia1, 35-common) mixed use subdivision use as generally shown on Exhibit B; and WHEREAS, the City Council of Eagle. has determined that the scope of any !nixed use project upon the Property should be limited to prevent undue da.mage to, and to otherwise be in harmony with, the existing community; and WHER.E.AS, 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 Page I of 14 DepCiEaghe i',:icAicali<ii,ieLEliiiii'.2023i'rerra View South SubdA,izi.ieri\Dereiep7rient Agreereen,..iTe7::, View Seth Seb DA CC WHEREAS, Owners have 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), R-6-1)A (Residential with a development agreement), and R-2-DA (Residential with a development agreement) zoning designations 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. Owners have provided Eagle with affidavits agreeing to submit the Property to a development agreement (Exhibits C-1 and C-2) pursuant to Eagle City Code Section 8-10-1 (C)(1), and WHEREFORE., Owners and the City of Eagie 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: ARTICLE I LEGAL AUTHORITY This Development Agreement is madepursuant to and in accordance with the provisions of Idaho Code Section 67-6511.A and Eagle City Code, Title 8, Chapter 1.0. ARTICLE H ZONING ORDINANCE AMENDMENT The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject ofthe application to the MU-DA (Mixed Use with a development agreement), R-6-DA (Residential with a deveiopment agreem.ent), and R-2-DA (Residential with a development agreement), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication andthe execution and recordation of this Development Agreement, ARTICLE III CONDITIONS OF DEVELOPMENT 3.1 The maximum density for the Property shall be 2,07 dwelling units per acre (229-single-family lots, 69-single-family attached andlor detached dwellings), 3.2 The agricultural operations currently being conducted on the Property, or such portions of the Property, shall continue to be allowed uses, until Owner elects to abandon such operations. Nothing in this Agreement shall be constructed or interpreted to limit the use of the Property for agriculture. 3.3 Owners shall be permitted to continue hunting within the Property, provided the portion of the property that is being hunted is twenty (20) acres in size of larger, the location where the hunting is taking place is a minimum of 500-feet from any dwelling, and the discharge of the firearm will not endanger persons or property. Page 2 of 14 K Pig Dep,Eagio Applk,atiohs SUBS',203gerra View South Subchvi5joil,Deveopmcnt Agremeniaarm Vit:w South Sob DA CC FNL VERIclocx 3.4 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. 3,5 Owners will d.eveiop the Property subject to the conditions and limitations set forth in.. this Development Agreement, Further, Owner will submit such applications regarding floodpiain development permit review, design review, preliminary and final plat reviews, and./or any conditional use permit;;, 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. 3.6 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, fencing, 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 he installed as shown on the Concept plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that all lots within the commercial area shall have a perpetual reciprocal cross - parking and cross -access for vehicular and pedestrian ingress and egress to public rights -of - way. Such perpetual easement shall run with the land and the restrictive covenant for maintenance cannot be modified and the owner's association or other entity cannot be dissolved without the express consent of the City of Eagle. (d) 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. A. provision that the CC&Rs cannot be modified without the approval of the City. (e) 3,7 The Setbacks shall be as follows: 2,000 - 6,999 silo ft. lots: Front: 20-feet or 10-feet for alley loaded Rear: 10 feet Side: 3-feet, 0-feet (attached side) (one and two-story) Street Side: 15-feet Maximum Lot Coverage: NIA Page .3 of 4. K:,PEanning Dept\Eagle Applications\SDRSB.623,Ten a View South Sub.^:iv^sioo,i)evetoproeut Ag eemnt'Terra View South Sub DA CC FNL VER2.cioc; 7„000 to 13,499 sq. ft. lots: Front: 15-feet living area and side entry garage / 23-feet font -load garage Rear: 1 0 -s eet Side: 5--feet (first story). 5-feet (each ad.ditional story) Street Side: 20-feet l.v4 Maximum Lot Coverage: 50%%, (single -story) and 40% (two-story) 13,500 and larger sal. ft. lots: Front: 20-feet living area and side entry garage / 23--feet front -load garage Rear: 25-Aee:t Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 1.2 feet between each dwelling unit), 5-feet (each additional story) Street Side: 20 feet Maximum Lot Coverage: 40"i% Commercial tots (Lots 1-16, Block 1 and Lots 1-10, Block 2): Front: 20-feet Rear: 20-feet Side: 7.5-feet Street Side: 20--beet Maximum Lot Coverage: 50% 3.8 The single-family dwellings shall be constructed utilizing the architecture style as shown on E:ibit n4E:5 No similar front elevation (utilizing the same architec,rai style or color) of any residential dwelling shall be duplicated (with the exception of the area zoned R-6-DA): 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 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, 3.9 The N tLDA. (Mixed Use with a development agreement) zoned area is to be developed with a combination of retail, office, and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as identified below). Page 4 of 14 f::,ftarniao :iepl`:wegle A;;piwstionslSuBSV2t123`,Tetra View South Subctioi;im:`.Fievel^pmaa.:'1g: ezmeadTFrrz Vizv; South Sub iT.4 CC 3'INL'v Ti';i3.ducx 3.9.1 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is Home Plan, Chapter 6.6, Owner agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area as identified in the Comprehensive Plan emphasizing mixed -uses of residential and commercial development Non-residential use will. be focused within the Village Center. Residential and non-residential development shall emphasize pedestrian -friendly development, 3,9.1.1. The lists of commercial uses found in Sections 3.9.1,4 and 3,9,2 below are by no means exclusive. All uses shown as permitted under the MU zoning district within Eagle City Code Section 5-2-3 "Official Schedule of District Use Regulations," shall be considered permitted uses. -Unless otherwise set forth in this Agreement; all uses shown as conditional uses under the IVILT zoning district within Eagle City Code Section 8-2-3 shall require a conditional use permit. 3.9,1,2 Although the MU (Mixed Use) zoning district allows multiple land uses, the 25.73 acres in the commercial area as shown on Exhibit C, should encourage commercial employment -based uses and public/semipublic uses. The commercial area of the Property shall be developed primarily as an employee -based business park similar to the Eagle River business park located east of Eagle Road between the State Highway 44 and the Boise River. The non-residential uses contemplated shall be mostly office, high-tech research and development, medical; and academic campus uses. 3 cI 3 Commercial. development in the commercial area should strive to enhance vehicular trip capture minimizing high traffic generating uses, The Village Planning Area specifically seeks to provide retail commercial; hospitality; civic uses; and/or a. research and development/educational campus and/or corporate headquarters in a park- like setting along with ancillary retail commercial uses located in the Village Center. 3.9.1.4 Employment -based uses, including the following, are encouraged and are a permitted use in the Village Center area: 0 Business. Professional and. Medical • Schools and Educational Campus % Office: Business andProfessional 0 Office: Medical and Dental • Emergency Healthcare • Hospital Hotel • Industry: Custom, /..incited, Research and Development • La bora.tories • Micro• -Brewery 3.9.2 The commercial uses shall be ancillary to or complement the employment -based uses set forth Section 3.9,1.4 above, and provide commercial retail services, limited. to no more than a total of 100,000 square feet of the following permitted type of cornmercia%retail uses. • Bar (hours limited to 8:00 a.rn. to 11:00 p.m.) • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales • Grocery Store (not to exceed 55,000 square feet), does not count against the 100,000 square feet O Fuel Service Page 5 of 14 KP,f`dzrnirg Dept`.F.aole AppiicatiorslSU8SF2023i:f'en-aView South Subdivision\Deve;opment AgewnienUFerra View Scum Sub 33A CC FNL \ R2.docx • Live e Entertainment Events ® Massage/Spa • Restaurant (hours limited to 7 a.m. to 11 p.m.) • Retail Sales (Limited) • Theater (movie) does not count against the 100,000 square feet • Gym facilities 3,9.2.1 One (1) restaurants (with drive -through) use (limited to Lot 1, Block 2) shall be allowed. The restaurants (with drive -through) use shall not be permitted until a minimum of fifty percent (50%) of the commercial area (as shown on the Concept Plan) has been developed with commercial employment -based uses and/or public/semipublic uses. (a) If a building with a restaurant (with drive -through) use is approved, Owner shall provide a minimum forty -eight -inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete ;wall) between the drive -through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive -through lanes (i.e, vehicle headlights and vehicle:. cueing). 3.9.2.2 Except as described in Section 3.9.2 above, no single retail tenant on the Property shall exceed 25,000 square feet in building footprint area without a conditional use permit. A flex space use with a retail component may exceed 25,000 square feet provided the retail floor area does not exceed 25,000 square feet. A Grocery Store exceeding 55,000 square feet in building footprint area shall require a conditional use permit. 3.9.3.3 Notwithstanding the allowed uses set forth in Section 3.9.2 above, no portion of the Property shall be used for any of the following uses: All Industrial Uses, except Industry Custom, Limited, and Research and Development • Adult Business • Automotive, Mobile Horne, Travel Trailer, and/or Farm Implement Sales • Automotive washing facility • Cemetery ® Drive-in Theater ® Equipment Rental and Sales Yard ® Kennel ® Nursery, plant materials ® Riding .A.cadetny/Stables ® Small Engine Repair ® Storage (fenced area) 3.10 All n.on--residential(commercial) mixed -uses shall be subject to reasonable dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.11 Commercial building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. Page 6 of ;4 K:.Planning Dept\Engle Applicatio, SUBS`,2023\Tetra View South. Subd;visiooDevelopment Agreement `;f erza View South Sub DA CC FNI, VER2.uec' 3.12 Owners 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, Owners shall provide proof of central sewer service to the proposed residential and commercial 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. 3.13 Owners shall provide a report or analysis of any proposed changes to wetlands located on the Property, Any such change shall be contingent upon approval by the applicable federal., state and/or local agencies, and shall he in accordance with the applicable sections of Eagle City Code, Owners agrees all development and improvement of the Property shall comply with all applicable laws and regulations pertaining to regulated wetlands, 3.14 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The Mans shall show how the lights will facilitate the "Dark Sky" concept of lighting, 3.15 Owners shall submit a design review application showing at a minimum. 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to North Hamlin Avenue 4 elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to he constructed in reference to mosquito abatement. 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. 3.16 Owners shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, lTD infrastructure proportionate share payments, access approaches on Beacon Light Road, proposed internal road locations, and road design. 3.17 Owners shill provide a 20-foot-wide buffer area within the commercial area located adjacent to North Hamlin. Avenue and within the 20_foot-wide buffer area there shall be a 3-foot high landscaped berm. The commercial buildings located adjacent to North Hamlin Avenue shall he placed in proximity to the 20-foot-wide buffer area with parking located behind (west side) the buildings. The landscape plan associated with the buffer area and the commercial buildings shall he reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate, 3.18 The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with 'Terra. View South Subdivision. The CEP Funding Elan shall be executed by the Owner and City prior to the City Clerk signing the final plat. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of the. Owners are attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibits C-1 and C:-2) and be bound thereby and comply with and he hound by the provisions set forth in Idaho Code Section 67-'651. lA and Eagle City Code Section 8- 10-1 shall be provided and is incorporated herein by reference. Page 7 of 14 1{' Planning Depeliisgle Rpplieat;one`.S EISV O23`;Perra View South Subdiviaiu, Devebopment AgreemerteiTaera View South Sub DA CC FNC.", .R2.deca ARTICLE V DEFAULT: 5.1 In the event the Owners fail to coniply with the commitments set firth 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. 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 iri process in accordance with the notice and heating provisions of Idaho Code Section 6 t-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 t 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 he 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 Original Development Af,reernent: Upon recordation of this Amended and Restated Development Agreement, the original development agreement recorded in the real property records of .Ada County, Idaho, on April 3, 2019, as instrument number 2019-0260'53, shall be void and of no further force or effect on the Property. w:Tlanning Dept' Eagle Appiicaaon lSJ@SAe(➢l Page 8 of 14 'etta Vic -a, South SuhdivisionCGevehpmcnr f g eev:enblerra Viesv Scab: Sub 1SA CC P N1:.. VER7.docx 8.2 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 67.65O9, as required by Eagle City Code Section 8-10-1. 8.3 Paragraph Headings. This Development Agreement shall be construes: 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 singulars or plural number shall each be deemed to include the others wherever and whenever the context so dictates. 8.4 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. 8,5 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 wall have been deemed to have been the deaf tor of this agreement, 8,6 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 sane 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: CityofEagle 660 E, Civic Lane Eagle, idaho 83616 Owners: TV 44, LLC & Artic �S tild, LLC Attn: Justin Martin 1191 East Shore Drive, Suite 100 Eagle, Idaho 83616 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 tirnely 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 forth 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 Page 9 of 1.4 KhPlamueg Dept Eagle. App;ica?ions SURS.,202 IFerra View Scotlr Slibiivision\Deve opment .A oreeaentsTe^.a View Saet S;fh DA CC FAZE. VER2.d x Owners the unused portion of the cash deposit or the later 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 farther 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; E. 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 pertbnnance collected pursuant to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code; k'. Bring an action for damages, ini unctive 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, niay 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 effectiveupon 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, 8.4 I Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. Page 10of"t4 K.`P'anning Dept AEagle Appiicahuns\+L S 2O23\T Terra View South S bdivis or Deveioprrent Agre^.or,e,ty 3'er a Vies So,th Sub G:A cc F L ',TER -Li -lob). COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of 042024. CITY OF EAGLE, a municipal oration organized and existing under the laws of coSttate of Idaho By: Brad STATE OF IDAHO) �_ . ss. County of Ada ) On this 1 day of r , in the year lAati , 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. , Mayor In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first written. It 444 Russ se •G 3O �.l a, (-)-----------d �,e as eeeer ,i aaa oee•• ,oe.�,A Notary Public +� Q` 400 w°v Residing at: i�C` t e e • •: o •ems Z ow e r My Commission Expires: 2‘�i J s•+`o1`vtettiV10 .'p •O UNgs1 taa*o ea sovN e1eeeee"1 8 e'.t ? `•esesees .�'ee•ejl e' �:,40-fARyeecPP . .m.e•® e et e P: fee '0�� ... 0.oeNas as �cDtBase RRR'�e� Page 11 of 14 IC: APlanning Dept\Eagle Applications\ SUBS \2023\Terta View South SubdivisionVDevelopment Agreement\Terra View South Sub DA CC FNL VER2.docx County of Ada COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this ; " day of ' , 2024. STATE OF IDAHO ) ss. ) OWNER: TV 44, LLC, a Wyoming limited liability company By: Justit"1Vlartin, Authorized Agent On this H day oft. v� , 2024, before the undersigned notary public in and for the said state, personally appeared JUSTIN MARTIN, known and identified to me to be an Authorized Agent of TV 44, 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. AMY P GOODWIN COMMISSION #20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10/1212027 #.' " /. Notary Public fxdr Idaho‘' "i it Residing at: t; .r1 My Commission Expires: Page 12 of 14 K:' Iam»ng.Dept\Eagle Applications \SUBS\20231Terra View South Subdivision\ Development Agreement\Terra View South Sub DA CC FNL VERZ.doex COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement DATED this , # day of , 2024. OWNER: Artic Wild, LLC, and Idaho limited liability company By: 'f v Juut n-Martin, Authorized Agent STATE OF IDAHO ) : ss. County of Ada ) On this day of.:. a y' , 2024, before the undersigned notary public in and for the said state, personally appeared JUSTIN MARTIN, known and identified to me to be an Authorized Agenet of ARTIC WILD, 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. AMY P GOODWIN COMMISSION *20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 1oI 2l2027 �^4 Notary Public f9.1. Ida io Residing at: 1"4i-' C` t , • V •• My Commission Expires �.: Page 13 of 14 K\Plannu g Dept\Eagle Applications\SUBS120231Terra View South Subdivision\Development Agreement\Terra View South Sub DA CC FNL VER2.docx INDEX OF EXHIBITS A - Legal Description B - Concept Plan. C-1 - Affidavit of Owner (TV44, LLC) C-2 - Affidavit of Owner (Artie Wild, LLC) D - Fencing Plan E - Design Guidelines Page 14 of 14 K:`Planning Dept \Eagle Appikations \ SUBS \2023 Terra \dew South SubdivisionDevelopment Agfeement Tura View South Sub DA CC FNL VEP ����� ��� � ����������U��� EXHIBIT "A" LEGAL DESCRIPTION TERRAVIEW SOUTH SUBDIVISION A parcel of land located in Government Lot 4 and the SW1/4 of the NW1/4 of Section 3 and Government Lot 1! the SE1/4 of the NE1/4, and the NEI/4 of the SE1/4 of Section 4, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as BEGINNING at the Section corner common to Sections 33 and 34 of Township 5 North, Range 1 West and Sections 3 and 4 of Township 4 North, Range I West, from which the One -Quarter corner common to said Sections 3 and 4 bears S.00'45'30"W., 2730.08 feet; -thence, along the centerline of W. Beacon Light Rd., being coincident with the north line of said Section 3, l. S.89"03`12"E, 509.2Ifeet thence, leaving said centerline, 2. S.0O"56'48"VV,208.7lfeet; thence, 3. S.89"O3'lZ"E�2O07lfeet; thence, 4. 1\1.00"56'48"E, 2O8J1feet tosaid centerline; thence, along said centerline, S. S.89"O3'12"E,68l.09feet tothe northeast corner ofsaid Government Lot 4;thence, along the east line of the VV1/2 of -the NVVl/4 of said Section 3, 6. S.OU"45`58"VV.,2,72O.98feet tnthe southeast corner ofthe said SVVl/4ofthe NVV1/4nf said Section 3; thence, along the south line of the SVV1/4 of the NVV1/4 of said Section 3, 7. N.89"26'55"VV, 1,318.66 feet -to the One -Quarter corner common to said Sections ] and 4; thence, along the south line of the SE1/4 of the NE1/4 of said Section 4, O. N.89°12'05"VV, 526.46feet; thence, leaving said south line, S. S.00"45`5I'VV, 1,322.06 feet to the south line of the NE1/4 of the SE1/4 of said Section 4; thence, along said south line, lO. N.89°17'00"VV, 790.85 feet to the southeast One -Sixteenth corner nfsaid Section 4, said corner being the intersection of said south line and the centerline of State Highway 16; thence, along the centerline of said State Highway, 11, N.00"55'31"E, 3,365.02 feet;tbence, leaving said centerline, lIS.89`44'13"E,744.l3feet; thence, 13. N.00°54'20"E, 676.07 feet to the centerline ofVV. Beacon Light Rd, being coincident with the north line of said Section 4; thence, along said centerline, l4.S.O9^44'08"E,56t84feet to -the POINT OF BEGINNING. CONTAINING: 175.83acres, more orless. This description has been prepared for annexation purposes only without the benefit of a survey. This description shall not beused for any conveyances. <V :EXHIBIT "C-p.:». Affidavit of 31USTI.N MARTIN on beh if of TV44 LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAH(.. ) ss. County of Ada JUSTIN MARTIN, who being first duly swam uunder oath, deposes and says: I . I am susTIN MARTIN, who is an Authorized Agent of TV44, LLC, whose mailing address is 1191 East iron Eagle Drive„ Suite 100, Eagle; ID 8361' ("TV44, LLB:''). ( '. TV44. LLC, is the fee simple owner of the parcel of real property described on Exhibit A le'Property"). 3. TV44, .LLC, authorizes the submission of the Property to certain Development Aareernent dated the day of . 2024 pursuant to the provisions set forth in Idaho Code Section 67-6511.A mid Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Justin Martin, TV44, LLC (the "Agreernenf'). DATED this is day of uI ` i : 2024. By: TV44, LLC By: f t ii Martin, Manager SUBSCRIBED BED AND SWORN to before Me this 1 day of AMY P GOODWIN$75 COMMISSION PUBLIC NOTAR STATE OF IDAHO 1©t12t2o27 MY "OMMISSOi3 EXPIRES �rlr.� i. .It1. Notary Public for Idaho Residing at a ib'(: Idaho My Commission expires i_i 7.6 - Paget of 1 ,ir.1!<A;.p,i,:<d:+cn.>i,,3S:_ri_T.:1ra 1,2w Seit _4.4a)_.a_tifzentAgree t_St le:.a \'r„i. S,.cx.a 'itu. J.' APTIOXVIT t44 f:£.c:fi?.l .^c,. 3 EXHiB€T « C_2„ Affidavit of jI'SUN MARTIN on behalf of ARTIC S 'ILD, LLC A_IFIDAVTIT OF LEGAL INTEII: ;ST STATE OF IDAHO ss. County of Ada JUST MARTIN, who being first duly sworn under oath, deposes and says: 1. I am JUST MARTIN. who is an Authorized Agent of Artie. Wild, LLC, whose mailing address is i 1)1 East Iron Eagle; Drive, Suite 100, Eagle, 13 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel areal property described on Exhibit A > (the "Property"). 3. ARTIC WILD, LLC, authorizes the submission of the Property to certain Development Agreement dated the day of , 2024 pursuant t to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle., a municipal corporation in the State of Idaho, and Justin Martin, Artie 1 `iltl, LLC (the "Agreement''). • A a : DATED this day of 1°4 , 2024, By: Artie Wild, LLC It siin Martin,Authorized Agent l SUBSCRIBED AND SWORN to before the this day at 1614.7 2024, AMY P GOODWIN COMMISSION #20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10/12/2027 13 :..miec DeikE e n •3 #, h... s,>'u.:f3S„023. eerre View Smnh S:cbc$ Notary Public forti1aho Residing at ,L;b; r .• , Idaho y ConmUssion expires i 0 <..f ?,:"? f Page i of 1 fie ergrieen s __ ee n z 1:',?,. iev: South Si 3) k AFFIDAVIT ARTIC WED LLt: EXFS1Bfl 24 EXHIBIT "D" cTo CD fr. a. cc F-- CJ) St2 0 0) a. we. I 0- C.0 C.0 LI 0 cc CD F-- C U- 0 52 6 CD er) of c.) > 0_ LI/ cc. -4- .-L-) :ci N 04: 6 fr. 00 0) ic co (s1 LLI 6'73 Ce. CC tN C-, 4,, -. ., rz...........,,,,,,,,,,,,,,,,...,..... k -............................... \-:: ,,,,:, -•:' ',"'.• 1 1 1 .' • ..--------Th 1 k ; i.,,,,,,,..................wi v k `,.,.;• j' § k :;;.1 N..........-K, :• t., S, ,,,,, k, 0,., k., k.-,‘ k,.............,,,,,,,........................ •-k,..., ,,,, ,, -, :.. ..:ni I ` i \; : fi k FENCING PLAN REVISION #1 208-323-2288 I WWW.ARDURRA.COM 111 SCHEDULE z MATERIAL DESCRIPTION >LLJ - SOLED CEDAR FENCE VIEW FENCE - 5' VV FENCE - 40" r : 1 : 208-323-2288 I WWW.ARDURRA.COM S-1 5 ;,..,,N...1,,,..5.,..1:::: F...F....XXXF.............1,11g. ...:. .. FS...FF.:X.05551 5,x1,13,F.F.,x; N LL ,X13,55111. 51.5.X3.:F.X.X5 F...151F1F1 208-323-2288 I WWW.ARDURRA.COM EXHIBIT "E" w 4- a O 9, U 6 91 -t: co iv 0 F t=- 0:: CC L] f3 ce 0 !i 0 1A4.11e1ZI Avil as- :NON E R aliaRNWPM t1J 0 z z ›- w ce 0 2 208-323-2288 I WWW.ARDURRA.COM NOTE: IMAGES AND MATERIALS ARE CONCEPTUAL ONLY AND ARE SUBJECT TO CHANGE a) cr) uJ 0 0 !RATION FOR : z >- 0 z 20' / 66'X135' ZONE R2 66'X 208-323-2288 I WWW.ARDURRA.COM NOTE: IMAGES AND MATERIALS ARE CONCEPTUAL ONLY AND ARE SUBJECT TO CHANGE Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=15 ANGIE STEELE CITY OF EAGLE, IDAHO 2024-060240 10/24/2024 03:20 PM NO FEE For Recording Purposes Do Not W'r-ite Above This Line AMENDED AND RESTATED 1) 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"), TV 44, LLC, and ANTIC WILD, LLC ("Owners"). WHEREAS, Owners are the owner of record of certain real estate consisting of four (4) parcels consisting of approximately} 171-acres, Ada County Parcel numbers S0403223250 (Artie Wild, LLC), S0403234000 (Artie Wild, LLC), S0404110110 (T'V44. LLC), and S040441 i250 (TV44, LLC), ("Property"), as specifically defined in the attached legal description (Exhibit A), which is subject of applications for a development agreement modification and rezone, identified as Rezone Application Nos. RZ-1.3-18 MOD and R2-10_23; and WHEREAS, Upon recordation of this Development Agreement, that certain development agreement recorded in the real property records of Ada County, Idaho, on April .3. 2019, as instrument number 2019-026053 (the "Original Development. Agreement") shall be void and of no further farce or effect on the Property; 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 Village and Community Center, Compact Residential, and Neighborhood Residential and zoned MU-DA (Mixed Use with a development agreement) and R-2-DA (Residential with a development agreement); and WHEREAS, Owners desire to develop the Property with a 361-lot (230--single family residential, 71-single family attached, 25-commercial, 35-common) mixed use subdivision use as generally shown on Exhibit 13; 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 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 mariner consistent with Eagle's Comprehensive Plan and City Code; and Page 1 of 14 K `,']a nang Dept'.13 ag3e, Ap^Lcations' 4[3BS2Q' i Terra Vwv; Suutl: Subd::^lion Devo;opav nt Agreer.,ent.,Te,,a V,ew South h Sub DA CC ni. `JER2 clock WHEREAS, Owners have agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to the h U DA (Mixed Use with a development agreement), R.-6--1)A (Residential with a development agreement), and R-2.-DA (Residential with a development agreement) zoning designations 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 2-1, the Original Development Agreement, as amended and restated by this Development Agreement, are to be used in lieu of the PL D and conditional use process; and WHEREAS, Owners have provided Eagle with affidavits agreeing to submit the Property to a development agreement (Exhibits C-1 and CC-2) pursuant to Eagle City Code Section 8-10-1(C)(i ); and WHEREFORE, Owners 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: ARTICLE I LEGAL myrtioRrry This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 6 r-6511 A 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 the : IU-DA (Mixed Use with a development agreement), R-6-DA (Residential with a development agreement), and R-2-[)A (Residential with a development agreement), 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 OF DEVELOPMENT 3.1 The maximum density for the Property shall be 2.07 dwelling units per acre (2 29-single-3;arnily lots, 69-single-family attached and/or detached dwellings). 3.2 The agricultural operations currently being conducted on the Property, or such portions of the Property, shall continue to be allowed uses, until Owner elects to abandon such operations. Nothing in this Agreement shall be constructed or interpreted to limit the use of the Property for agriculture. 3.3 Owners shall be permitted to continue hunting within the Property, provided the portion of the property that is being hunted is twenty (20) acres in size of larger, the location where the hunting is taking place is a minimum of 500-feet from any dwelling, and the discharge of the firearm will not endanger persons or property. Page 2 of 14 K ,Piarnirg Dept'Eagie ,4pp1i: acias`,SU S12Q23VTerra View Soh Subd:v:aion`i)evenpmert AgreemerKlora V ie.w S9uth Sit; DA CC FNL VF.R2 darx 3.4 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 oti any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.5 Owners 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. 3.6 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, fencing, and amenities. The owner shall provide an operation aiid 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 hoineoww-ners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to he installed as shown on the Concept plan Fence Exhibit (Exhibit D), All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that all lots within the commercial area shall have a perpetual reciprocal cross - parking and cross -access for vehicular and pedestrian ingress and egress to public rights -.of - way. Such perpetual easement shall run with the land and the restrictive covenant for maintenance cannot be modified and the owner's association or other entity cannot be dissolved without the express consent of the City of Eagle. (d) 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 rate, regulation or ordinances shall apply. The CC&.Rs are subject to all :riles, regulations, laws and ordinances of all applicable government bodies. In the event a governmental :rile, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to he amended to comply with the applicable rule, regulation, law or ordinance. A provision that the CC&Rs cannot be modified without the approval of the City. (e) 3.7 The Setbacks shall be as follows: 2,000 - 6,999 silo ft. lots: Front: 20-feet or 10-feet for alley loaded Rear: 10 feet Side: 3-feet, 0-feet (attached side) (one and two-story) Street Side: 15-feet Maximum Lot Coverage: N/A Page 3 of 4• 3,1: taming Dept\Eagie.Appficatioos,51313S•,2623,Ten,. View; Soo:h SubdivisioeUDevetouroeor A.g eemen:`; Feria View South Sub DA CC E\L VER2 :too; 7„000 to 13,499 sd. ft. kits: Front: i5-feet living area and side entry garage / 23_teet font -load garage Rear: 10- eet Side: -fee (first story), 5-feet (each additional story) Street Side: 20-feet !v4 Maximum Lot Coverage: 50% (single -story) and 40% (two-story) 13,500 and larger SO. ft< lots: Front: 20-feet living area and side entry garage i 23-feet front -load garage Rear: 25-feet Side: 5 feet on one side; 7 feet on the other side (alternating between. lots to provide a total of 1.2 feet between each dwelling unit); 5-feet (each additional story) Street Side: 20 feet Maximum Lot Coverage: 40'?%:; Commercial lots (Lots 1-16, Block 1 and Lots 1-10, Block 2): Front: 20-feet Rear: 20-feet Side: 7.5-feet Street Side: 70--feet Maximum Lot Coverage: 50% 3.8 si•he single-family dwellings shall be constructed utilizing the architecture style as shown on E :h'bit "E. '5 No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall he duplicated (with the exception of the area zoned R-6-DA): 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 building within the development shall be accompanied by an approval letter from the Architecture.' 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, 3.9 'I'he. MIY.-DA (Mixed Use with a development agreement) zoned area is to be developed with a combination of retail, office, and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning designation (except as identified below). Page 4 of 14 f:.`fiaraiag Dept' A;;p!:cstions`,Si.BS\3'_'3`,'isr View South Sobdioiamafie vel::pr.:ra. Ag: emeaP,Terrz View ::Duct, Sub iJA CC cuts 3,9.1 The Property is located within the V/illage. Planning Area pursuant to the 2017 Eagle is Home Plan, Chapter 6.6, Owner agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area as identified in the Comprehensive Plan emphasizing mixed -uses of residential and commercial development 'ion -residential. use will be focused within the Village Center. Residential and non-residential development shall emphasize pedestrian -friendly development, 3,9.1.1. The lists of commercial uses found in Sections 3.9.1,4 and 3.9.2 below are by no means exclusive. All uses shown as permitted under the MU zoning district within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," shall be considered permitted uses. -Unless otherwise set forth in this Agreement; all uses shown as conditional uses under the IVIL zoning district within Eagle City Code Section 8-2-3 shall require a conditional use permit, 3.9.1,2 Although the MU (Mixed Use) zoning district allows multiple land uses, the 25.73 acres in the commercial area as shown on Exhibit C, should encourage commercial employment -based uses and public/semipublic uses. The commercial area of the Property shall be developed primarily as an employee -based business park similar to the Eagle River business park located east of Eagle Road between the State Highway 44 and the Boise River. The non-residential uses contemplated shall he mostly office, high-tech research and development, medical, and academic campus uses. Commercial development in the commercial area should strive to enhance vehicular trip capture minimizing high traffic generating uses, The Village Planning Area specifically seeks to provide retail commercial; hospitality; civic uses; and/or a research and developmentieducational campus and/or corporate headquarters in a park- like setting along with ancillary retail commercial uses located in the Village Center. 3.9.1.4 Employment -based uses, including the following, are encouraged and are a permitted use in the Village Center area: 0 Business, Professional and Medical • Schools and Educational Campus Office: Business and Professional % Office: Medical and Dental • Emergency Healthcare • Hospital Hotel • industry: Custom, l_.irnited, Research and Development • Laboratories • Micro -Brewery 3.9.2 The commercial uses shall be ancillary to or complement the employment -based uses set forth in Section 3.9,1.4 above, and provide commercial retail services, limited to no more than a total of 100,000 square feet of the following permitted type of cotnmercia%retail uses. • Bar (hours limited to 8:00 a.rn. to 11:00 p.m.) • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales • Grocery Store (not to exceed 55,000 square feet), does not count against the 100,000 square feet • Fuel Service Page 5 of 14 Kni`taonirg f)eptTaz e Appiicat ors',SUBS'2023\ iena 'Jew South Subdis sion`,Jevelopmettt Agreement,Ferra Vuu,v Scum Sub 33A CC FNI. VER2.docx • Live Entertainment Events ® Massage/Spa • Restaurant (hours limited to 7 a.rn. to 11 p.m.) • Retail Sales (Limited) • Theater (movie) does not count against the 100,000 square feet • Gym facilities 3,9.2.1 One (1) restaurants. (with drive -through) use (limited to Lot 1, Block 2) shall he allowed. The restaurants (with drive -through) use shall not be permitted until a minimum of fifty percent (50%) of the commercial area (as shown on the Concept Plan) has been developed with commercial employment -based uses and/or public/semipublic uses. (a) If a building with a restaurant (with drive -through) use is approved, Owner shall provide a minimum forty -eight -inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall) between. the drive -through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive -through lanes (i,e. vehicle headlights and vehicle cueing). 3.9.2.2 Except as described in Section 3.9.2 above, no single retail tenant on the Property shall exceed 25,000 square feet in building footprint area without a conditional use permit. A flex space use with a retail component may exceed 25,000 square feet provided the retail floor area does not exceed 25,000 square feet. A Grocery Store exceeding 55,000 square feet in building footprint area shall require a conditional use perrnit. 3.9.3.3 Notwithstanding the allowed uses set forth in Section 3.9.2 above, no portion of the Property shall be used for any of the following uses: All Industrial Uses, except Industry: Custom, Limited, and Research and Development • Adult Business • Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales • Automotive washing facility • Cemetery ® Drive-in Theater ® Equipment Rental and Sale.; Yard ® Kennel ® Nursery, plant materials ® Riding .Academy/Stables ® Small Engine Repair ® Storage (fenced area) 3.10 All non-residential (commercial) mixed -uses shall be subject to reasonable dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.11 Commercial building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. Page 6o:64 K::Planning DepbEagle npplicationt SUBS`,2O23iTena View avet iiubd,v sioniDevelorn-nen; Ag-eenent i^ ;a View South S,b DA CC FNL VER2.& .c0. 3.12 Owners 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, Owners shall provide proof of central sewer service to the proposed residential and commercial 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. 3.13 Owners shall provide a report or analysis of any proposed changes to wetlands located on the Property. Any such change shall be contingent upon approval by the applicable federal, state and/or local agencies, and shall he in accordance with the applicable sections of Eagle City Code, Owners agrees all development and improvement of the Property shall comply with all applicable laws and regulations pertaining to regulated wetlands, 3.14 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal. of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting, 3,15 Owners shall submit a design review application showing at a minimum: l) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to North Hamlin Avenue 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), landscape screening details of the irrigation pump house (if p l { �' li 1~ 5) P proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. 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. 3.16 Owners shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, ITD infrastructure proportionate share payments, access approaches on Beacon Light Road, proposed internal road locations, and road design. 3.17 Owners shall provide a 20-foot-wide buffer area within the commercial area located adjacent to North Hamlin Avenue and within the 20_f+ ot-wide buffer area there shall be a 3-foot high landscaped berm.. The commercial buildings located adjacent to North Hamlin Avenue shall be placed in proximity to the 20-foot-wide buffer area with parking located behind (west side) the buildings. The landscape plan associated with the buffer area and the commercial buildings shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate. 3.18 The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Terra View South Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of the Owners are attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibits C-I and C-2) and be bound thereby and comply with and be bound by the provisions set forth in Idaho Code Section 67-651 lA and Eagle City Code Section 8- 10-1 shall be provided and is incorporated herein by reference. Page 7 of 4 K:iiilanning Dept,fink A^plicatlono.S ifiS`• U23 Ferro 'view South Development A g eemanE,T,,4a View Soi,th Srb DA (C't ARTICLE V DEFAULT 5,1 In the event the Owners fail to eoniply with the commitments set forth herein, within tinily (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, 5.3 if the terms of this Development .Agreement expires prior to completion of the Conditions of Development or witsriout an amendment to this Agreement for its extension being iri process iri accordance with the notice and healing provisions of Idaho Code Section tj t-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 `1✓ II ASSIGNMENT AM) TRANSFER After its execution, the Development Agreement shall he recorded in the office of the County Recorder at the expense of the Owner, Each commitment and restriction on the development shalt 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 nun 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 airy portion of the development is sold, the sellers shalt 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 V I I I GENERAL MATTERS 8.1 Oriniriai Develonment Agreement: Upon recordation of this Amended and. Restated Development Agreement, the original development agreement recorded in the real property records of .Ada County, Idaho, on April 3, 2019, as instrument number 2019-0260'53, shall be void and of no further force or effect on the Property. Page 8 of 14 w:'`Planning Dept` Eagle Applicaaon;lSJ@S`w(t'i3'; E'etta `4ow South Suhwv;store Development Aoeel:leur,Fecta View Su h Sub DA CC PN _. VI3R2.clocx 8.2 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 67.65O9, as required: by Eagle City Code Section 8-.IOE-1. 8.3 Paragraph Headings. This Development Agreement shall be construes: 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. 8.4 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. 8.5 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 draf for of this agreement. 8.6 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: TV 44, LLC & Artic Wild, LLC Mtn: Justin Martin 1191 East Shore Drive, Suite 100 Eagle, Idaho 83616 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 snail 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 font 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 inay 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 Page 9 of 1.4 KiThienmg Dept Eagle Appiica?ions\ST BS,202_'Ferra View S Oth SubiiivssordDeveiopmerd .Agreemen'i'e^.a View South Sob DA CC EWE. VER2.doex 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. i 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 Proj ec t; 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. Witlhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 8.6 of this Development Agreeirent and Section 9_4-2-2 of the City Code; E. Bring an action for damages, injunctive relief, specific performance or any other remedy avail Able 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 sirr.ultaneously 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 he entitled to recover reasonable attorney's tees in addition to other relief which a court of competent jurisdiction may award. 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. A'a; ;e 10 of "14 K:%Piannang De} :',Eaglo Appitca6uoslSc_BS'2O23,T; rra View Snell: Suldni.s.ort\Develop:ru nt Agreeme:ntV3'e.^.a View So,,th Sub DMA CC Pea. VER2.docr. COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 11 day of , 2024. ATT 'ST: Tracy'. bsb .9 ity ' lerk STATE OF IDAHO ) . ss. County of Ada ) CITY OF EAGLE, a municipal co oration organized and existing under the laws of Late of Idaho Brad -ice, Mayor N $ 0\ .' J�� By: On this 1 day of a v2- , in the year litit4 , 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. %0A►$$$$$Bf'.se ® I i's. o,7e ..tCd,N.. Nota Public i�� ��\"t8nd Residing at: �^�a • 2 \2tD i V5 Z ..• • My Commission Expires: •e:e AIIV1.01V` o °•O. o %%%80I%%%%%e4JA�S� 1` e%N ,e®o.�CseSsE.NCr ,°•m'oo'eeeesevy.seeeee; I s n`,o; ,,JO"V AR y.cP •a ....... e e . e 0° '''446s►iNNO Page 11 of 14 K:\Planning Dept`.Eagle Applications\ SUBS\20231Terra View South Subdivision\Development AgreemenbTerra View South Sub DA CC FNL VER2.docx COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this ; `"i day of STATE OF IDAHO ) : ss. County of Ada ) , 2024. OWNER: TV 44, LLC, a Wyoming limited liability company By: Justirt'Martin, Authorized Agent On this hi day of )1.: v v— , 2024, before the undersigned notary public in and for the said state, personally appeared JUSTIN MARTIN, known and identified to me to be an Authorized Agent of TV 44, 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. AMY P GOODWIN COMMISSION #20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10/1212027 7" a,,. t; d Notary Public fir Idaho .43 "t fi Residing at: / ) I' ' My Commission Expires: try ii ;' t � { i7 t t , < / Page 12 of 14 K:1Plamning DeptlEagle Applications \SUBS\20231Terra View South Subdivision\Development Agreement\Terra View South Sub DA CC FNL VER2,docx COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this IL— 1 day of ,' 2024. STATE OF IDAHO ) : ss. County of Ada OWNER: Artie Wild, LLC, and Idaho limited liability company By: JuutiwMartin, Authorized Agent 1 f 3,yNs''. On this ; day of .1 Li , 2024, before the undersigned notary public in and for the said state, personally appeared JUSTIN MARTIN, known and identified to me to be an Authorized Agenet of ARTIC WILD, 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. AMY P GOODWIN COMMISSION 0202/4875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10I1212027 •"' •',r1"? ! gill r ,h Notary Public fol. Idaho Residing at: f ../ ` f My Commission Expires: :) Page 13 of 14 K\Planning Dept\Eagle Applications \SUBS120231Terra Vtew South Subdivision\Development Agreement Terra View South Sub DA CC FNL VER2 docx EXHIBIT "C-1» Affidavit of 31.1STIN MARTIN on behalf of TV44 LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada TUSTIN MARTIN, who being first duly swam under oath, deposes and says: 1. I amJIJS I'IN MARTIN, who is an Authorized Agent of TV44, LLC, whose mailing address is 1191 East Iron Eagle Drive, Suite 100, Eagle, ID 83616 C'TV44, LLC"). �'. TV44.. LLC, is the fee simple owner of the parcel of real property described on Exhibit A (the "Property"), 3. TV44, LLC, authorizes the submission of the Property to certain Development Agreement dated the day of . 2024 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Justin Martin, TV44, LLC (the "Agreement"). DATED this €s day of v u 2024. B y: TV44, LLC By fii € n Martin, Manager A SUBSCRIBED AND SWORN to before me this 1— day of AMY P GO pDo COMMISSION$75 NOTARYPUBLIC $ STATE OF IDAHO 10i.. V2a27 MY r'OMMISS1pN EXPIRES #IC% r) P 7 '01=1. ,r', •Y'1 /1 1 ...:, �" ,. \ i,L ; i s otary Public for Idaho Residing at L r4 , Idaho My Commission expires ; �: 2.4, Page I of I i.•Pssa_ t•E: gie A;:pit;;aiots;,^>i ^,3.5•,<s=•Tru:. \',:ar Se trh Sttf:��evs>4.b•E).`: c2^}�meut Agiees:iAD s Vet• Suutll Sub DA AFFIDAVIT 'i\ 4 TLC >:3i1.1 f:-i .... EXHIBIT "C-2" Affidavit of JLTST1N MARTIN on behalf of ARTIC WILD, LLC AFFIDAV ET OF LEGAL INTER ;ST STATE OF IDAHO ss. County of Ada T STIN MARTIN, who being first duly sworn under oath, deposes and says: 1. I ant JDSTLNI MARTIN, who is an Authorized Agent of Artie Wild. LLC, whose nailing address is 1191 East Iron Eagle Drive, Suite 100, Eagle, ID 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit A (the "Property"). 3. ARTIC WILD, LLC, authorizes the submission of the Property to certain Development Agreement dated the day of , 2024 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1.. by and between the City of Eagle, a municipal corporation in the State of Idaho, and Justin Martin, Artic Wild, LLC (the "Agreement"). )' / DATED this I day of ia ;,� . 2024. By: Artic Wild, LLC tstin Martin, Authorized Agent SUBSCRIBED AND SWORN to before me this __ day of L (..kb14.1 2024, MY P GOODWIN COMMISSION #20214875 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10/12/2027 , li"3'ia..ui»e i3e(oPf::r,: - ii•;>f;cy,'is,>v:i{±S"<0;.'.irrro Cicv4 So'nh Scull •., (-, l Notary Publicfortl?Iaho fj Residing atf f).t,cir(.- , Idaho My Commisston expires # '•. e 1 ! -t _ ?.:._l 7 Page i :?i 1 lflevekgrc,e»r s.41x<- 11.3,T:y?;: Siev, South Sub 3>.A AFFJ )' Yt ARTS(' WiLl) LLC is,\i-1:31?