Development Agreement - 2018 - Amended & Restated DA/Eagle Lakes Sub - 12/21/2018Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Phil McGrane 2019-026072
BOISE IDAHO Pgs=26 LISA BATT 0410312019 09:46 AM
EAGLE CITY NO FEE
IIIIIIIIIIIIIIIIIIIIIIIIlIIII IIIIIIHIIIII 1 111 111
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED 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"), and TPC Brooklyn Park Investors, LLC, ("Owner"). Upon recordation of
this Development Agreement, that certain Development Agreement recorded in the real property records of
Ada County, Idaho, on September 27, 2016, as instrument number 2016-091680 (the "Original Development
Agreement") shall be void and of no further force or effect.
WHEREAS, the Owner is the owner of record of certain real estate located at 1451 East Ancona
Avenue and 2401 East State Street, Eagle, Idaho, ("Property"), as specifically defined in the attached legal
description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Applications
No. RZ-10-15 MOD and RZ-10-15 MOD2; 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 Mixed Use and zoned MU -DA (Mixed Use with a development agreement) which is herein referred
to as the "Property"; and
WHEREAS, Owner desires to develop the Property with a 319 -units, 111 -lots (69 -single-family, 6 -
multi -family [consisting of 250 -units], 13 -commercial, and 15 -common [consisting of 2 -private street, and 1 -
private alley]) mixed use subdivision use as generally shown on the Concept Plan (Exhibit B); and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined
that the scope of any mixed use project upon the Property must be limited with the use of a development
agreement to prevent undue damage to, and to otherwise be in harmony with, the existing 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 manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, Owner 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 Mixed Use District ("MU -DA") zoning
designation for the Property with the requirements set forth in the Original Development Agreement as
replaced by this Amended and Restated Development Agreement; and
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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, Owner have provided Eagle with affidavits agreeing to submit the Property to a
development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner 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
AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to MU -DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No. 759 which became effective after its passage, approval, and publication on October 25,
2016.
ARTICLE III
CONDITIONS OF DEVELOPMENT
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within thisAgreement.
3.2 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.
However, the residential portion of this development proposal is recognized by Eagle and Owner as
a desired component to a mixed use development. A residential component of similar size and area
to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be
maintained.
3.3 The total number of residential units on the Property shall not exceed 319 -units in the aggregate.
Development of the residential portion of the Property will be permitted through the Design Review
process and future conditional use permits for the residential development will not be required.
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3.4 The Setbacks shall be as follows:
Single-family detached residential setbacks shall be as follows:
Front
Lots 5-9, Block 4 15 -feet (Front Loaded Garage 20 -feet)
Lots 10-23, Block 4 15 -feet (Front Loaded Garage 20 -feet)
Lots 24-31, Block 4 10 -feet
Lots 33-40, Block 4 5 -feet
Rear
Lots 5-9, Block 4 15 -feet
Lots 10-23, Block 4 15 -feet or top of bank, whichever is greater
Lots 24-31 & Lots 33-40, Block 4 6 -feet (at alley)
Side 5 -feet (up to two-story)
Street Side 5 -feet —vehicle access shall be
prohibited
Maximum lot coverage 65%
The single -story homes located on Lots 5-9 and 75-79, Block 4, shall be
restricted to single -story (26 -feet maximum).
Townhome (attached single-family) residential setbacks shall be as follows:
Front 5 -feet
Rear (at access drive) 8 -feet
Interior Side 0 -feet
Exterior Side 5 -feet
Street Side 5 -feet —vehicle access shall be
prohibited
Maximum lot coverage 75%
Multi -Family dwelling setbacks shall be as follows:
Front 20 -feet*
Rear (south) 20 -feet
Side (east) 12 -feet
Interior Side(west) 7.5 -feet
Structure separation 20 -feet
Maximum coverage 50%
*The structures located adjacent to the common lot adjacent to East Riverside Drive shall be
6 -feet from the lot line associated with the common lot.
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All buildings shall be setback a minimum of 100 -feet from the floodway line.
The setbacks for the multi -family units shall be based on the multi -family boundary area and
not on interior lot lines.
All buildings shall be setback from the floodway line in accordance with Eagle City Code
Title 10.
All single family and townhome residential structures shall require Architectural Control Committee
(ACC) approval prior to the issuance of any building permits to assure that the homes are designed
to be compatible and consistent with the "Contemporary Prairie and/or Modern Farmhouse" theme
of the development.
3.5 The Commercial area of the Property as depicted on the Concept Plan is to be developed with
a combination of any 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
permitted in Section 3.6, below).
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land uses
allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at
the time a design review application or conditional use permit application (whichever the case may
be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require a
conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall
be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Coffee Shop with Drive Up Service
• Commercial Entertainment Facilities (Indoor and Outdoor)
• Drugstore with Drive Up Service
• Hotel
• Nursing/Convalescent Home
• Parking Lot, Parking Garage, Commercial
• Retail Sales (General)
• Retail Sales (Limited)
• Smoothie/Juice Shop with Drive Up Service
• Storage (Enclosed Building)
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In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concept Plan
(Exhibit D), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit D) shall be limited to a smoothie/juice
shop or drugstore use.
3.6.1 Any building with a proposed drive-through shall be designed in such a way as to compliment
the overall character of the development and design styles exceeding the standard utilitarian
look of a building with a drive-through shall be required. The Owner shall also provide a
minimum forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, landscaping, or combination thereof within the
buffer area adjacent to the drive-through lane to reduce the impact of the vehicles utilizing
the drive-through lane (i.e. vehicle headlights and vehicle cueing), as shown on Exhibit E
1-2.
3.7 The proposed building height of the multi -family structures shall not exceed 41 -feet in height
as shown on the submitted building elevations.
3.8 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative
fencing. All other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited.
(c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi-
family residential units. The enforcement of the no parking areas and a mechanism for the
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enforcement of the no parking requirements, shall be the responsibility of the homeowner's
association.
(d) A maintenance manual for the drive aisles requiring the association(s) shall have the duty to
maintain and operate all of the drive aisles providing access to the multi -family residential units
including the repair and replacement of asphalt and sidewalks.
(e) 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.
(f) In the event attached sidewalks are proposed to be located adjacent to the private streets Owner
shall install street trees within the front yard at the corners of each lot to be located behind the
sidewalk.
3.9 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and
platting while still maintaining the general intent of the Conceptual Plan with the requirements set
forth in this Development Agreement. Specific design elements shall be clarified during the platting
and design review application processes. However, the streetscape as shown on the concept plan
(center landscape islands, street trees, pool, poolhouse, and, children's play areas) shall be required
design elements as part of the final design for the site.
3.10 The Owner's property 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,
Applicant 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.
3.11 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.).
3.12 The single-family dwellings shall be constructed utilizing "Contemporary Prairie and/or Modern
Farmhouse" style architecture as shown on Exhibit F. The multi -family dwellings shall be
constructed utilizing "Craftsman" style architecture as shown on Exhibits G 1-2. Commercial/retail
buildings, multi -family residential buildings, and pool house shall be required to meet the design
review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design
book. Eagle Design Review Board approval of the detailed architectural plans for the development
is required prior to the issuance of building permits for commerciaUretail buildings, multi -family
residential units, pool house, pumphouse for irrigation, and gazebos.
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.
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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.
3.13 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.
3.14 The Owner 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 Riverside Drive 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, fire pits, 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 prior to the submittal of a final plat application.
3.15 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if appl icable), Ada
County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Applicant agrees all development and improvement of the
Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal
of a final plat application.
3.16 Provide written approval from the Boise River Flood Control District No. 10 of the proposed access
point prior to submitting a final plat application.
3.17 All buildings shall be setback from the floodway line in accordance with Title 10 of Eagle City
Code.
3.18 Provide a revised preliminary plat showing public pedestrian and bicycle access to the paved
regional pathway along the Boise River. The public pedestrian and bicycle access shall be reviewed
and approved by the Eagle Parks and Pathway Development Commission prior to submittal of a
Design Review application. The revised preliminary plat shall be submitted prior to submittal of a
Design Review application.
3.19 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property
located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1
of Eagle Lakes Subdivision. The specific location and design of the pathway shall be approved by
the City of Eagle Park and Pathway Development Commission prior to submittal of a design review
application. The asphalt pathway shall be located in a recorded easement or easements dedicated to
and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument
number of the recorded easement or easements shall be referenced on the face of the plat, upon
recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by
Eagle, development within the Floodway and the open space area between the development and
the Boise River shall be prohibited.
3.20 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-
4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
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adjacent to State Highway 44. The public sidewalk shall be constructed concurrently with Phase No.
1 of Eagle Lakes Subdivision. The specific location and design of the pathway shall be approved by
the City of Eagle Park and Pathway Development Commission prior to submittal of a design review
application. The public sidewalk shall be located in a recorded easement or easements dedicated to
and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument
number of the recorded easement or easements shall be referenced on the face of the plat, upon
recordation of the fmal plat(s) wherein the public sidewalk is located.
3.21 Owner shall provide a parking analysis for the multi -family units and the commercial buildings
at the time of submittal of a design review application.
3.22 The parking ratio for the multi -family residential units shall be 1.85 spaces/unit for the northern
development area and 1.80 spaces/unit for the southern development area (as shown on Exhibit H)
unless the Design Review Board determines that additional parking is needed at the time of approval
of a design review application.
3.23 Owner shall include a notice in the closing documents for each lot sale and rental agreement which
states, "The property located at 2755 East State Street, adjacent to the eastern boundary of Eagle
Lakes Subdivision, is currently being utilized for an industrial use."
3.24 Provide a revised preliminary plat showing the buildings containing the multi -family dwellings
(single-family attached) separated a minimum of 20 -feet in width. The revised preliminary plat shall
be provided prior to submittal of a final plat application.
3.25 The final plat shall be approved by the City and recorded at the Ada County Recorder's Office prior
to the issuance of building permits.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with
and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-
10-1 shall be provided and is incorporated herein by reference.
ARTICLE V
DEFAULT
5.1 In the event the Owner fails to comply with the commitments set forth 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. and in accordance with the notice and hearing
provisions of Idaho Code Section 67-6509. In the event this Development Agreement is terminated
pursuant to this Article 5, use of the Property shall be limited to those uses allowed within an R -E
(Residential -Estates) zoning designation until Eagle enacts and records an ordinance changing the
property to the R -E (Residential -Estates) zoning designation.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle 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 Development
Agreement, including attorneys' fees and court costs.
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ARTICLE VI
UNENFORCEABLE PROVISIONS
If any term, provision, commitment, or restriction of this Development Agreement or the application
thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder
of this Development Agreement 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 the 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
the Applicant 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 be released and discharged from any and all obligations in connection with
the property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle
City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and
as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 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 drafter of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be
given by personal delivery, by mailing the same by registered or certified mail, return receipt requested
postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to
whom the notice is directed at the address of such party set forth below;
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Eagle:
City of Eagle
660 E. Civic Lane
Eagle, Idaho 83616
Owner: TPC Brooklyn Park Investors, LLC
Attn: Caleb Roope
430 E. State Street, Ste.100
Eagle, ID 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
timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide
adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attomey fees
and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owner an estimate
for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide
a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken
pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates
as app upi gate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the
Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice.
If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to
make payment for such fees when actually incurred by 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
Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current
balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit),the Owner
shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment
in full of all attorney fees and engineering fees, Eagle shall release to the Owner 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.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect, the City may, following City's giving 30 -days notice to Owner and an opportunity to cure
pursuant to Section 5.1, above, 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 Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project and
record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to
Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at
law or in equity;
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All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.9 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.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this Z l day of . , 2018.
ATTEST:
GA„_, k
Sharon K. Bergmann, CityCle
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
Stan Ridgeway, Mayor
TPC Brooklyn Park Investors, LLC, an Idaho
limited liability company
By: TPC CS Holdings I, LLC, an Idaho limited liability
company
By:
Caleb7Roope, Manager
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STATE OF IDAHO
. ss.
County of Ada
On this 21 day of DECJE M B R. , 2018, before the undersigned notary public in and for
the said state, personally appeared CALEB ROOPE, known or identified to me to be the Manager of TPS
CS Holdings I, LLC, the Manager of TPC Brooklyn Park Investors, LLC 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.
NICOLE PERRY
Notary Public - State of Idaho
Commission Number 20181774
My Commission Expires 09-17-2024
1919 -
No ary
Public forIaho
Residing at:EAMX1 t)
My CommissionExpires: L
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INDEX OF EXHIBITS
A Legal Description
B - Concept Plan
C - Affidavit of Owner
D Concept Site Plan (Drive Through Uses)
E 1-2 - Drive Through Buffers
F Single -Family Dwellings
G 1-2 Multi -Family Dwellings
H Development Areas
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Project No: 140189
Date: May 14, 2015
Page: 1 of 3
T -O ENGINEERS
CONSULTING ENGINEERS, SURVEYORS AND PLANNERS
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714-2008
208-323-2288 • FAX 208-323-2399
EXHIBIT "A"
Eagle Lakes Land Description
i
RECEIVED & FILED
CITY OF EAGLE
JUN 1 2 2015
File.
Route to.
A parcel of land, located in the E1/2 of the SW1/4 and the SE1/4 of the NW 1/4 of Section 15,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
BEGINNING at the southwest corner of said SE1/4 of the NW1/4, from which the southeast
comer of said SE1/4 of the NW1/4 (Center quarter comer) bears, S.89°43'28"E., 1321.79
feet; thence along the west boundary of said SEI/4 of the NW 1 /4,
1) N.00°31'29"E., 599.00 feet to the southerly right-of-way of State Highway 44; thence,
along said right-of-way the following courses:
2) S.71 °37'20"E., 164.42 feet to the beginning of a tangent curve; thence,
3) Southeasterly along said curve to the left, having a radius of 3899.72 feet, an arc
length of 422.39 feet, through a central angle of 06°12'21", of which the long chord
bears S.74°43'40"E., 422.18 feet; thence, tangent from said curve,
4) S.77°49'51"E., 562.23 feet to the beginning of a tangent curve; thence,
5) Southeasterly along said curve to the right, having a radius of 3740.00 feet, an arc
length of 212.45 feet, through a central angle of 03°15'17", of which the long chord
bears S.76° 12' 13"E., 212.42 feet to the east boundary of said SE 1 /4 of the N W 1 /4;
thence, leaving said right-of-way, along said boundary and the east boundary of said
E1/2 of the SWI/4, non -tangent from said curve,
6) S.00°36'35"W., 2466.94 feet to the Ordinary High Water Line as shown on ROS
7839, Instrument No. 107036418, Records of Ada County, Idaho; thence along said
line the following courses:
7) S.81°16'23"W., 474.85 feet; thence,
H:\140189-BOI\Survey\WPfilcs\Descriptioas\Cut of Omers prelim.docx
Project No: 140189
Date: May 14, 2015
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8) N.66°43'55"W., 277.27 feet; thence,
9) N.44°41'26"W., 478.18 feet; thence,
10) N.50°33 '43"W., 173.36 feet thence,
11) N.24°30'58"W., 93.24 feet; thence,
RECEIVED & FILED
CITY OF EAGLE
JUN 12 2015
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12) N.47°21'31 "W., 114.89 feet to the west boundary of said E1/2 of the SW 1/4; thence,
leaving said Ordinary high Water Line, along said boundary,
13)N.00°42' 12"E., 1549.93 feet to the POINT OF BEGINNING.
CONTAINING: 75.46 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
EXCEPTING THE FOLLOWING DESCRIBED PARCEL
Eagle Water Company's Well House No. 7 per Corporate Warranty Deed Instrument No.
110033057, Records of Ada County, Idaho, located in the NE1/4 of the SW1/4 of Section 15,
Township 4 -North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the Center quarter corner of said Section 15; thence along the east boundary
of said NE1/4 of the SW1/4,
A) S.00°36'35"W., 1053.67 feet to the POINT OF BEGINNING; thence continuing,
1) S.00°36'35"W., 100.00 feet; thence, leaving said boundary,
2) N.89°23'25"W., 100.00 feet; thence,
3) N.00°36'35"E., 100.00 feet; thence,
4) S.89°23'25"E., 100.00 feet to the POINT OF BEGINNING.
CONTAINING: 0.23 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
HAI 48189-B011SurveyyWPfiles1Dcscriptions\Cert of owners prelim.docx
Project No: 140189
Date: May 14, 2015
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ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCEL
rnECEIVED s MED
CITY OFEAGLE
JUN 12 2015
Eagle Water Company's Well House No. 8 per Corporate Warranty Deed Instrument No.
110033057, Records of Ada County, Idaho, located in the NE1/4 of the SW1/4 of Section 15,
Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County, Idaho, more
particularly described as follows:
COMMENCING at the Center west one sixteenth comer of said Section 15; thence along the
west boundary of said NE 1 /4 of the SWI/4,
B) S.00°42' 12"W., 236.60 feet; thence,
C) S.89°17'48"E., 35.00 feet to the POINT OF BEGINNING; thence, continuing,
5) S.89° 17'48"E., 100.00 feet; thence,
6) S.00°42' 12"W., 100.00 feet; thence,
7) N.89° 17'48"W., 100.00 feet; thence,
8) N.00°42' 12"E., 100.00 feet to the POINT OF BEGINNING.
CONTAINING: 0.23 acres, more or less.
SUBJECT TO: all Covenants, Rights and Easements of Record.
HAI 40189-B011SurveyWIPfilcsDDcscriptions\Ccrt of Owners-prelim.docx
Future Developmen
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PRELIMINARY PLAT MODIFICATION (MOD -I) for
TRUMAN COVE SUBDIVISION
A PARCEL OF LANG LOCATED IN A PORTION OF THE 112 OF THE SW 114 AND
THE SE 114 OF TI1E NW 114 OF SECTION 15 T 4N , R IE , B M CITY OF EAGLE, ADA COUNTY, IDAHO
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EXHIBIT "C"
Affidavit of CALEB ROOPE on behalf TPC CS Holdings I, Manager of TPC Brooklyn Park
Investors, LLC
STATE OF IDAHO
County of Ada
1
AFFIDAVIT OF LEGAL INTEREST
) ss.
CALEB ROOPE, who being first duly sworn under oath, deposes and says:
1. I am CALEB ROOPE, who is the Manager of TPC CS Holdings I, LLC, an Idaho limited
liability company, the Manager of TPC Brooklyn Park Investors, LLC, a Minnesota limited
liability company, whose mailing address is 430 East State Street, Suite 100, Eagle, ID,
83616 ("TPC Brooklyn Park Investors, LLC").
2. The TPC Brooklyn Park Investors, LLC, is the fee simple owner of the parcel of real
property described on Exhibit A, attached hereto (the "Property").
3. The TPC Brooklyn Park Investors, LLC, authorizes the submission of the Property to
certain Development Agreement pursuant to the provisions set forth in Idaho Code Section
67-6511A and Eagle City Code Section 8-10-1 dated the _ day of , 2016
by and between the City of Eagle, a municipal corporation in the State of Idaho, and TPC
Brooklyn Park Investors, LLC (the "Agreement").
tt
DATED this Zt —day of''acQvn.Le , 241-& ZO( e
Owner: TPC Brooklyn Park Investors, LLC
By: TPC CSHoldings I, LLC, its Manager
By:
Caleb Roope, its Manager
SUBSCRIBED AND SWORN to before me this 21 day of pECMe 20-1-K z v 1 e
NICOLE PERRY
Notary Public - State of Idaho
Commission Number 20181774
My Commission Expires 09-17-2024
1
Notary Public for Idaho
Residing at_Aol , Idaho
My Commission expires 1 1 H 2.
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SEP 1 1 2015
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