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Development Agreement - 2025 - Molinari Park DA MOD - 4/14/2025Ada County Recorder Trent Tripple 2025-024872 Boise, Idaho Pgs= 5 dryalls 04/23/2025 04:04:41 PM CITY OF EAGLE $0.00 Electronically Recorded Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT MODIFICATION This Development Agreement Modification, made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Molinari Park 11, LLC ("Owner"). RECITALS WHEREAS, Molinari Park Development, LLC, is the owner of record of certain real estate consisting of approximately 24.6-acre site is located on the south side of East Plaza Drive approximately 300-feet east of the intersection of South 2nd Street and East Plaza Drive, Eagle, Idaho, ("Property"), as specifically defined in Development Agreement recorded under Instrument No. 2020-085643; and WHEREAS, the proposed development agreement modification includes properties within an area currently zoned CBD-DA-P (Central Business District with a development agreement — PUD); and WHEREAS, the Owner has provided the City with an affidavit agreeing to submit the Property to the Development Agreement Modification (Exhibit A) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2020- 085643 are in, and shall remain in full force and effect, except that the Concept Plan (Exhibit "C"), is modified as attached herein; and WHEREAS, all provisions with the Development Agreement recorded under Instrument No. 2020- 085643, associated with RZ-07-18 are in, and shall remain in full force and effect on the Property and the revised Concept Plan (Exhibit "C") for the Property shall be added with this Development Agreement Modification; and WHEREAS, after providing legal notice, transmitting notice to other jurisdictions, agencies, and entities, and holding a public hearing before the Eagle City Council on February 25, 2025, the City Council approved the modification to the development agreement to modify the Concept Plan (Exhibit "C") as attached herein. AGREEMENT In consideration of the mutual covenants contained herein, the parties agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-651 IA and Eagle City Code, Title 8, Chapter 10. Page 1 of 3 IC:\Planning Dept\Eagle Applications\ Subdivisions\ Molinari Park \03 - Molinari Park DA MOD2 PPUD MOD2\03-Working Files\02-City Council\04-Development Agreement\Molinari Park DA MOD 2.docx Instrument # 2025-024872 04/23/2025 04:04:41 PM Page 2 of 5 ARTICLE II 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 A) 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 III GENERAL MATTERS Enforceable Provisions. The original Development agreement, instrument number 2020-085643, remains in full force and effect except that the revised Concept Plan (Exhibit "C"), is modified as attached herein. Effective Date. This Development Agreement Modification shall be effective after delivery to each of the parties hereto of a fully executed original of this Development Agreement Modification. IN WITNESS WI REOF, the parties have executed this Development Agreement Modification. DATED this IV day of , 2025. AT EST: r y E. fCity Clerk STATE OF IDAHO ) : ss. County of Ada ) CITY OF EAGLE, a municipal corporation organized and existing under the laws of the ,St of Idaho By: ;Je, Mayor = A. : ORAr •• • .o • ••S •'TATE. C •.,,...O..... On this 19 day oft' , in the year 2025, 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 herey%tte$vid �€frxed iy official seal the day and year first written. ••,y%u,•••......••• _ S► tONOTARY :"tC. • s • - lot •... • •. . . Fe Noblic Residing at: My Commission Ex LU 4.c n fires: (Q 12 S Page 2 of 3 K.\Planning Dept\Eagle Applications\Subdivisions\Motinan Park\03 - Molinari Park DA MOD2 PPUD MOD2\03-Working Files\02-City Council \ 04-Development Agreement\Molinari Park DA MOD 2 docx Instrument # 2025-024872 04/23/2025 04:04:41 PM Page 3 of 5 STATE OF IDAHO . ss. County of Ada MOLINARI PARK 11, LLC, an Idaho limited liability company By: TPC PPR Holdings II, LLC, an Idaho limited liability company, Its Manager By: Name: Calfb Roope Its: Manager On this U' 'day of hp rl , 2025, before the undersigned notary public in and for the said state, personally appeared CALEB ROOPE, known or identified to me to be a Member of Molinari Park 11, LLC, owners of the property referenced herein and the person who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above Notary P bl or Idaho Residing at: 1)01 (dit.t/ld) My Commission Expires: 11 sal 2-1 Page 3 of 3 I( \Planning Dept\Eagle Applications\SubdivisionsMolinari Park\03 - Molinari Park DA MOD2 PPUD MOD2\03-Working Files \02-City Council\04-Development Agreement\Molinari Park DA MOD 2.docx Instrument # 2025-024872 04/23/2025 04:04:41 PM Page 4 of 5 EXHIBIT A Affidavit of CALEB ROOPE on behalf of Molinari Park 11, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada CALEB ROOPE, who being first duly sworn under oath, deposes and says: 1. I am CALEB ROOPE, who is a Manager of TPC PPR Holdings 11, LLC which is Manager of Molinari Park 11, LLC, whose mailing address is 430 E. State Street, Suite 100, Eagle, Idaho 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property as specifically defined in the Development Agreement recorded under Ada County Instrument No. 2020-08564 (the "Property"). 3. Caleb Roope authorizes the submission of the Property to certain Development Agreement Modification pursuant to the provisions set forth in Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated the _ day of , 2025 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Owner (the "Agreement"). DATED this day of , 2025. MOLINARI PARK 11, LLC, an Idaho limited liability company By: TPC PPR Holdings II, LLC, an Idaho limited liability company, Its Manager By: Name: Caleb Roope Its: Manager SUBSCRIBED AND SWORN to before me this 6111 day of *PYl 1 , 2025. KATIE C COMMISSION 065899 ► NOTARY PUBLIC STATE OI= IDAHO ♦ MY COMMISSION EXPIRES 07/08I2027 Notary Pub,jlc for Idaho Residing at Y?O1�.f , , Idaho My Commission expires 1(612 Page 1 of 1 IC:\Planning Dept\Eagle Applications\Subdivisions'Molinari Park\03 - Molinari Park DA MOD2 PPUD MOD2\03-Working Files \02-City Council\04-Development Agreement\RZ-07-I8 MOD2 Molinari Park DA MOD affidavitdocx Instrument # 2025-024872 04/23/2025 04:04:41 PM Page 5 of 5 Exhibit "C" �co }