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Development Agreement - 2025 - Riverbend Commons - 7/15/2025Ada County Recorder Trent Tripple 2025-047105 Boise, Idaho Pgs= 30 nolson 07/25/2025 12:13:39 PM CITY OF EAGLE $0.00 Electronically Recorded Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreement, made and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("City"), by and through its Mayor, and Seven Two One LLC. ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel No. S0507346985, S0507346982, S0507346850, S0507346750, S0507346775, and S0507346800 ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZDA-2024-03; WHEREAS, the proposed development includes properties within an area currently zoned RUT (Rural -Urban Transition — Ada County designation); and WHEREAS, the Owner desires a MU-DA (Mixed Use with a development agreement [in lieu of a PUD and conditional use permit]) zoning classification to develop a residential use on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have determined that the scope of any residential development upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and enjoyment of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing community and ensuring the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a MU-DA (Mixed Use with a development agreement [in lieu of a PUD and conditional use permit])zoning designation for the Property with the requirements set forth in this Development Agreement; and WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by same; and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference. Page 1 of 15 K\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\OI-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.doee Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 2 of 30 AGREEMENT In consideration of the mutual covenants contained herein, the parties agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to the MU-DA (Mixed Use with a development agreement [in lieu of a PUD and conditional use permit]), after recordation of, and subject to the provisions of this Development Agreement. The ordinance will become effective after its passage, approval, and publication and the execution and recordation of this Development Agreement. ARTICLE III CONDITIONS ON DEVELOPMENT 3.1 The maximum density for the Property shall not exceed 2-dwelling units (either 1-single family residential dwelling unit or 1-two family dwelling/attached dwelling unit only) and the maximum density of the Property shall not exceed 0.14-dwelling units per acre. 3.1.1 The existing residential dwelling within Lot 5, Block 3, shall be permitted to remain. 3.1.2 If the Owner desires a two-family dwelling or attached dwelling within Lot 5, Block 3, the Owner shall be required to submit either a preliminary plat to further subdivide the property to create a maximum of one (1) additional residential lot, pursuant to the requirements of Eagle City Code, or shall submit a condominium plat and associated declaration, to create a second deeded residence on the Property. At that time, the Owner shall be required to update the CC&Rs to reflect the amended ownership and be required to record an access easement granting access through Lot 5, Block 3 to the additional residence on Lot 5, Block 3. 3.1.3 If the existing residential dwelling on Lot 5, Block 3, is used for any use other than a single-family residential dwelling, the Owner shall obtain all necessary building permits, all required design review approvals, and plat approvals, respectively, as required. The Owner shall update the joint parking agreement to include any proposed commercial use prior to receiving the required change of use or change of tenant approval. 3.1.4 If the existing residential dwelling on Lot 5, Block 3, is converted to commercial use, it shall not also remain as a residential dwelling, unless that commercial use is approved as a home occupation, pursuant to the requirements of Eagle City Code section 8-3-5(L). 3.1.5 The conversion of the residential use to a commercial use does not grant the Owner the ability to develop a new residential dwelling on the property to achieve the maximum allowable density for the Property. If Lot 5, Block 3, is utilized as a commercial use, the Property shall have no residential use within. 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant 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. Page 2 of 15 K:\Planning Dept\Eagle Applications \Subdivisions\Riverbend Commons\O1-Riverbend Commons A-RZ-PP\03-Working piles\04-City CouncilRiverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 3 of 30 3.3 The Concept Plans (Exhibit C-1, Exhibit C-2, and Exhibit C-3) represent 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 or be required. If the City, in its sole discretion, determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing may be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.4 If the site is developed pursuant to the uses and site plan within either Exhibit C-1 or Exhibit C-2, the general use and maximum cumulative square footage restrictions of each commercial use for the Riverbend Commons development are as follows: • Retail: 16,300 square feet, max. (Lots 12-15, Block 1) • Quick Service Restaurant (QSR): 6,300 square feet, max. (Lot 2, Block 1) • Office / Flex Space: 28,000 square feet, max. (Lots 3-11, Block 1) • Office: 4,300 square feet, max. (Lots 2-3, Block 2) • Sports Complex: 102,100 square feet, max. (Lots 1-2, Block 3) • Community Event Buildings: 8,650 square feet (Lots 3-4, Block 3) 3.4.1 If the site is developed pursuant to the uses and site plan within Exhibit C-3, the general use and maximum cumulative square footage restrictions of each commercial use for the Riverbend Commons development are as follows: • Retail: 16,300 square feet, max. (Lots 12-15, Block 1) • Quick Service Restaurant (QSR): 6,300 square feet, max. (Lot 2, Block 1) • Office / Flex Space: 28,000 square feet, max. (Lots 3-11, Block 1) • Office: 64,300 square feet, max. (Lots 2-3, Block 2, and Lot 2, Block 3) • Sports Complex: 35,000 square feet, max. (Lot 1, Block 3) • Community Event Buildings: 8,650 square feet (Lots 3-4, Block 3) 3.5 Owner shall provide a detailed parking analysis for the commercial buildings at the time of submittal of a design review application. 3.5.1 Owner shall provide a joint/collective parking written agreement in conformance with Eagle City Code Section 8-4-3-3, prior to issuance of the first building permit. The joint/collective parking agreement shall be updated with each design review application submittal, including anytime a change of use or change of tenant for a specific building is requested. 3.5.2 The Property shall be approved, through this development agreement and through an approved joint/collective parking agreement with the City, pursuant to the limitations and allowances expressly set forth above and the other terms of this agreement, for a 15% (max.) reduction in parking for the Property so long as the Owner can substantiate the request for the reduced parking through specific building uses, non -conflicting days/hours of operation, peak hours of use, etc. at the time of the submittal of each design review application. 3.5.3 All parking associated with the Riverbend Commons Subdivision shall only be allowed in the designated parking areas located on site. 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. Page 3 of 15 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Files\04City Council\Riverbend Commons - Development Agreement. docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 4 of 30 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 following uses shown as "C" conditional uses in Eagle City Code Section 8- 2-3 shall be approved conditional uses approved with this development agreement, as specifically noted below, within the Property: • "Arts and Crafts Shows" shall be permitted within the building typologies listed as Sports Complex, Office Flex, Existing Home, and Community Event Building on Exhibit C-1, Exhibit C-2, and Exhibit C-3. • "Bed and Breakfast Facilities" shall be permitted within the building typologies listed as Existing Home and Community Event Building on Exhibit C-1, Exhibit C-2, and Exhibit C-3. • "Boarding or Lodging House or Dormitory" shall be permitted as an ancillary use to the "Live Entertainment Events" use only within the building typologies listed as Existing Home or Community Event Building on Exhibit C-1, Exhibit C-2, and Exhibit C-3. • "Commercial Entertainment Facility (Indoor)" (trade shows or conference type use only) shall be permitted within the building typologies listed as Sports Complex, Office Flex, and Retail on Exhibit C-1, Exhibit C-2, and Exhibit C-3. • "Daycare Center" shall be permitted within the building typologies listed as Existing Home, Office Flex, and Office (within buildings 2,300 square feet or less) on Exhibit C-1, Exhibit C- 2, and Exhibit C-3. o If a daycare center use is proposed, the applicant should be required to submit a vehicular circulation and parking plan that includes, but is not limited to, proposed drop-off and pick- up routes, parking spaces use, and hours of operation at the time. The vehicular circulation and parking plan shall be submitted at the time of a design review application submittal to be reviewed and approved by City staff. ■ The Zoning Administrator retains the ability to deny a "Daycare Center" use if it is determined that the proposed vehicular circulation and parking creates vehicular circulation, parking, or stacking issues within the Property or within adjacent rights -of - way. Any denial by the Zoning Administrator can be appealed to the City Council pursuant to Eagle City Code Section 8-7-4-1. o A conditional use permit is required for a daycare center to occupy any portion of an "Office" building that is greater than 2,300 square feet in size. • "Live Entertainment Events" shall be permitted within the building typologies listed as "Existing Home" and "Community Event Building" on Exhibit C-1, Exhibit C-2, and Exhibit C-3. o All live entertainment events shall be limited to a maximum of 350 attendees. o For "large events," (considered to be 151 or more occupants) there shall be a maximum of 104 events per calendar year. The hours of operation shall be limited to 5:00pm-10:00pm on weekdays (Monday through Friday) and 6:00am-10:00pm on weekends (Saturday and Sunday). o For "small events" (considered to be 150 or fewer occupants) there shall be no maximum number of events, and the hours of operation shall be limited to be 6:00am-10:00pm every day of the week. • "Restaurant (with drive through)" shall be permitted within the building typology listed as "QSR" on Exhibit C-1, Exhibit C-2, and Exhibit C-3. Page 4 of 15 K:\Planning Dept\Hagle Applications \Subdivisions\Riverbend Commons\Ol-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 5 of 30 • Retail Sales (General) and Retail Sales (Limited) shall be permitted within the building typology listed as "Retail" on Exhibit C-1, Exhibit C-2, and Exhibit C-3. • Residential (single-family attached dwelling), Residential (single family dwelling -existing), and Residential (two-family dwelling) shall be permitted within Lot 5, Block 3, in accordance with 3.1, above. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property, the following uses shall also be prohibited on the Property: • Adult Business; • Automotive Vehicle Vinyl Wrap Shop • Automotive Washing Facility • Cemetery; • Drive -In Theatre; • Equipment Rental and Sales Yard; • Kennel (limited boarding shall be permitted [resident's pets only]); • Mortuary; • Residential, Mobile Home (Single Unit Primary Residence); • Residential, Mobile Home (Single Unit Temporary Living Quarters); • Residential, Mobile Home Court (RV) • Residential, Mobile Home Park; • Riding Academies/Stables; • Small Engine Repair; • Storage (fenced area) 3.7 The architectural imagery provided (Exhibit D) represent the Owner's current concept for the project. The Owner and City understand and agrees that certain changes in the architecture may occur, however, the architectural elements are subject to change at the discretion of the City Council. Owner shall submit a design review application for the proposed buildings (as required by Eagle City Code) and shall comply with all conditions required by the Design Review Board and/or City Council prior to the issuance of a zoning certificate. 3.8 The maximum building height of the Sports Complex facility in Lot 2, Block 3, (Exhibit C-1) shall not exceed 45-feet in height, inclusive of architectural appurtenances, parapet walls, and roof - mounted utilities. 3.8.1 The building height of the Sports Complex facility in Lot 1, Block 3, (Exhibit C-1) shall be limited to 35-feet in height, inclusive of architectural appurtenances, parapet walls, and roof - mounted utilities. 3.8.2 If the two (2) Sports Complex buildings are combined into one (1) Sports Complex building (Exhibit C-2), the maximum footprint of the building shall not exceed 102,100 square feet in size and the height shall not exceed 45-feet, inclusive of architectural appurtenances, parapet walls, and roof -mounted utilities. 3.8.2.1 If the two (2) Sports Complex buildings are combined into one (1) Sports Complex building, the final plat shall reflect a singular buildable lot to reflect the proposed condition shown in Exhibit C-2. If the final plat was recorded showing two (2) buildable lots, the Owner shall submit a lot line adjustment application to combine the two lots into a single parcel. The lot line adjustment application shall be reviewed and approved prior to the City Clerk signing the record of survey. Upon the City Clerk's signature of the lot line adjustment record of survey, Owner shall provide a recorded copy of the record of survey to the city prior to the issuance of any zoning certificates. Page 5 of 15 K.\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 6 of 30 3.9 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 drive aisles and parking areas including repair and replacement of asphalt), sidewalks, walkways and plaza areas, landscaping (including the portion to be maintained within the ITD right-of-way), pressurized irrigation facilities, fencing, and site 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 Property Owners Association or other entity cannot be dissolved without the express consent of the city. b) A requirement for all fencing to be installed as shown on the Fencing Plan Exhibit (Exhibit "F"). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain link) shall be prohibited. c) A requirement that all lots 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. d) A requirement that the 12-foot-wide pond maintenance and pressure irrigation easement located around the irrigation pond shall remain clear of any encroachments. e) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in an any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. f) A requirement that riparian vegetation and wildlife habitat, along the riverbank and within the riparian zone be maintained, unless otherwise authorized by the Army Corps of Engineers, Ada County, and the City, as required. 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 and comply with the applicable rule, regulation, law, or ordinance. h) A provision that the CC&Rs cannot be modified without the approval of the city. g) 3.10 The building heights, setbacks, and lot area regulations shall be as follows: Lots 2-15, Block 1; Lots 2-3, Block 2; and Lots 1 & 3-4, Block 3: • Maximum Height: 35-feet • Front: 15-feet • Rear: 0-feet • Side: 7.5-feet where adjacent to a drive aisle or parking; 0-feet at common wall • Street Side: 10-feet • Maximum Lot Coverage: 75% • Minimum Lot Area: 2,000 square feet • Minimum Lot Width: 25-feet • Minimum Street Frontage: 0-feet Page 6 of 15 K.\Planning Dept\Eagle Applications\ Subdivisions\Riverbend Commons \OI-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 7 of 30 Lot 2, Block 3 (if developed as a Sports Complex): • Maximum Height: 45-feet • Front: 15-feet • Rear: 0-feet • Side: 7.5-feet where adjacent to a drive aisle or parking • Street Side: 10-feet • Maximum Lot Coverage: 75% • Minimum Lot Area: 2,000 square feet • Minimum Lot Width: 25-feet Note: As stated above in 3.8.2, if the two (2) Sports Complex buildings are combined into one (1) Sports Complex building, the maximum footprint of the building shall not exceed 102,100 square feet in size and the height shall not exceed 45-feet, inclusive of architectural appurtenances, parapet walls, and roof -mounted utilities. Lot 2, Block 3 (if developed as a 2-Story Office Building): • Maximum Height: 35-feet • Front: 15-feet • Rear: 0-feet • Side: 7.5-feet where adjacent to a drive aisle or parking • Street Side: 10-feet • Maximum Lot Coverage: 75% • Minimum Lot Area: 2,000 square feet • Minimum Lot Width: 25-feet Lot 5, Block 3 (Existing Residence): • Maximum Height: 35-feet • Front: 20-feet • Rear: 20-feet • Side: 7.5-feet • Street Side: 20-feet • Maximum Lot Coverage: 50% • Minimum Lot Area: 5,000 square feet • Minimum Lot Width: 50-feet • Minimum Street Frontage: 0-feet 3.11 Owner shall install the sidewalk and landscape improvements, including any trees, shrubs, groundcovers, and irrigation, within the common lots (Lot 1, Block 1, and Lot 1, Block 2) adjacent to State Highway 44 in their entirety with the first phase of development and prior to the issuance of the first certificate of occupancy associated with the property. 3.12 Owner shall landscape and maintain the area between the northern most portion of the property to within 9-feet of the paved surface of State Highway 44. The applicant shall submit a landscape plan that includes this area to be sodded turf in perpetuity or until expressly dissolved by the City and ITD. The landscape plan shall be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The owner should provide a recorded copy of the ITD license agreement associated with the landscaping located within the right-of-way area. The landscaping should be installed prior to the city clerk signing the first final plat. Page 7 of 15 KAPlanning Dept\Eagle Applications \Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Files\04-City Councilaiverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 8 of 30 3 13 Owner shall complete the design review process for the site and proposed commercial buildings (as required pursuant to Eagle City Code) and shall comply with all conditions required by City as a part of the design review approval prior to issuance of a building permit. 3 14 Owner shall provide a 3-foot (3') high landscaped berm (minimum height) along the entire length of the property where it abuts State Highway 44. The landscaped berm shall be located between the south side of the 10-foot (10') sidewalk within the northern most portions of Lots 2, 12-15, Block 1, and Lot 2, Block 2. The berm shall be 3-feet (3') in height and landscape improvements (trees, shrubs, groundcovers, etc.) shall be commensurate with the landscaping requirements pursuant to Eagle City Code Section 8-2A-7(K)(2)(a). The landscape plan shall be reviewed and approved by the Design Review Board and City Council prior to submittal of a design review application associated with the first building or submittal of a final plat application, whichever comes first. 3.15 Owner shall provide a landscape buffer along the entirety of the western facade of the Sports Complex building within Lot 2, Block 3, to match the "additional landscape buffer" shown on Exhibit E (Conceptual Landscape Plan) along the eastern facade of the Sports Complex facility in Lot 1, Block 3. The landscape buffer shall be reflected within the landscape plans submitted with the Design Review application for this phase of the development. The Owner understands that additional screening may be required upon review of the Design Review application associated with the Sports Complex Facility. 3.16 Owner shall provide a landscape buffer along the entirety of the western property line of Lot 2, Block 3, to match the "enhanced landscape buffer" adjacent to the Stillwater development shown on Exhibit E (Conceptual Landscape Plan). The landscape buffer shall be reflected within the landscape plans submitted with the Design Review application for this phase of the development. The Owner understands that additional screening may be required upon review of the Design Review application associated with the Sports Complex Facility. 3.17 The final plat shall be reviewed and approved by the City Council and recorded in the Ada County Recorder's Office prior to the issuance of any building permits. 3.18 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. Provide plans showing outdoor lighting plans and specifications showing locations, fixture style, lumens, and temperature. 3.19 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) detailed planting plans within the proposed and required landscape areas, parking islands, and all common areas throughout the development, 3) landscape screening details between the sports complex buildings and the adjacent properties to the east and west of the subject property, 4) buffering of the Retail, QSR, and Office buildings from State Highway 44, 5) the area to be maintained by the owner between the paved shoulder of State Highway 44 and the property line 6) architectural site plans, elevations, and renderings, as needed to accurately convey design intent, for all proposed common area structures and irrigation pump house (if proposed), 7) landscape screening details of the irrigation pump house (if proposed), 8) useable site amenities such as picnic tables, covered shelters, benches, bicycle racks, gazebos, and/or similar amenities, 9) 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. Page 8 of 15 K:U'lanning Dept\Eagle Applications\Subdivisions\Riverbend Commons\0l-Riverbend Commons A-RZ-PP\03-Working Files\04-City Counci!\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 9 of 30 3.20 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential 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. 3.21 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, ITD infrastructure proportionate share payments / mitigation agreement, access approaches on State Highway 44, proposed internal road locations, and road design. 3.22 As a submittal requirement of the first design review, preliminary plat, or conditional use permit application, whichever occurs first, Owner shall submit an updated Traffic Impact Study (TIS) which has been reviewed and approved by Ada County Highway District (ACHD) and Idaho Department of Transportation (ITD). Owner shall be required to comply with all requirements of ACHD and ITD, including, but not limited to, approval of drainage systems, curbs, gutters, streets, and sidewalks. 3.23 Owner shall provide a report or analysis of any proposed changes to any wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees that all development and improvement of the property shall comply with the rules and regulations pertaining to regulated wetlands prior to the submittal of a final plat application. 3.24 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.25 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub- contractors and for monitoring compliance. 3.26 Owner shall place a 4' x 8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. Page 9 of 15 K:\Planning Dept\Eagle Applications \Subdivisions\Riverbend Commons \01-Riverbend Commons A-RZ-PP\03-Working Files \04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 10 of 30 ARTICLE V DEFAULT 5.1 In the event the Owners fail to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from City, City shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, City shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being in process in accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed within an A-R (Agricultural -Residential) zoning designation until City enacts and records an ordinance changing the property to the A-R (Agricultural -Residential) zoning designation. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s) (or other appropriate party) and City. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. Page 10 of 15 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 11 of 30 ARTICLE VIII GENERAL MATTERS 8.1 Amendments. If the Property subject to this Development Agreement consists of multiple parcels or is subsequently divided and any parcel(s) which are a portion of the original subject property are sold to different parties then this Development Agreement may be amended in whole or in part or terminated as to a specific parcel or parcels upon compliance with the notice and public hearing requirements specified in this Development Agreement, Eagle City Code Section 8-10-1 and Idaho Code Section 67-6509 without the requirement that the owner(s) of any of the other parcels which were part of the original Property agree to or be party to such amendment or termination of this Development Agreement. 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 City acknowledge that they each have been represented by legal counsel in negotiating this Development Agreement and that neither party shall have been deemed to have been the draftor of this agreement. 8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such party set forth below; City: Owner: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Seven Two One LLC 2242 N. Edgewood Road 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 City herein, Owner agrees to provide adequate financial assurance to City, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. City shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash Page 11 of 15 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons \01-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 12 of 30 deposit with City, City may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure from City, City may draw upon the financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit), the Owner shall replenish the financial assurance and shall become current as to all outstanding g fees owed. Upon payment in full of all attorney fees and engineering fees, City shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. City's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owner, exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the Project; C. Refuse to accept public ownership and maintenance of public improvements within the Project and record a notice of such action with the Ada County Recorder's Office; D. Issue a stop work order for any building under construction within the Project; E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant to Section 9-4-2-2 of the City Code; F. Bring an action for damages, injunctive relief, specific performance or any other remedy available at law or in equity; All of the above remedies are cumulative and to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 8.9 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.10 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties, and the performance of their covenants and obligations therein, the parties acknowledge such action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties. 8.11 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate 5-years after the Effective Date. Page 12 of 15 K:\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP\03-Working Piles\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 13 of 30 COUN I ERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 15 day of July, 2025. CITY OF EAGLE, a municipal corporation organized and existing under the laws of State of Idaho T ac, E. orn, City Clerk STATE OF IDAHO ) . ss. County of Ada ) On this is day of .0-c,..1. , in the year ZOZs, before me, the undersigned, a Notary Public in and for said State, pers?fnally 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. •••• •'�sOTAR), raj • tee• Notary Pi.iblic Residing at: A My Commission Expires: Z -Z'd7,O3V Page 13 of 15 K:\Planning Dept\E.agle Applications\Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP103-Working Files\04-City Council\Riverbend Commons - Development Agreement.docx Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 14 of 30 COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this _ day of III, , 2025. STATE OF IDAHO : ss. County of Ada ) OWNER: By: =( Todd McCauley, Manager On this Ki day of , j t , 2025, before the undersigned notary public in and for the said state, personally appeared Todd McCauley, known and identified to me to be the Manager of Seven Two One 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. JENNIFER THOMAS COMMISSION NUMBER 63227 NOTARY PUBLIC State of Idaho M Commission Ex sires 03/10/2026 Notary P/iblic for Idaho Residing at: 3uI 7(ry.' { i) My Commission Expires: Page 14 of 15 C:\Users\dyorg\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XXDKCXZO\Riverbend Commons - Development Agreement.doc Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 15 of 30 INDEX OF EXHIBITS A - Legal Description B Affidavit of Owner C-1 Concept Plan 1 C-2 Concept Plan 2 C-3 Concept Plan 3 D - Building Elevations E Conceptual Landscape Plan F - Fencing Plan G - Heavy Truck Traffic Plan Page 15 of 15 K.\Planning Dept\Eagle Applications\Subdivisions\Riverbend Commons\Ol-Riverbend Commons A-RZ-PP\03-Working Files\04-City Council\Riverbend Commons - Development Agreement- 2.docx EXHIBITA A Description for Mixed Use Zone July 16, 2024 A portion of the East 1/2 of the Southwest 1/4 of Section 7, Township 4 North, Range 1 East, Boise -Meridian, City of Eagle, Ada County, Idaho more particularly described as follows: Commencing at the Northeast corner of Government Lot 5 of said Section 7, from which the Northwest corner of said Government Lot 5 bears South 89°08'28" West, 1,320.53 feet; thence on the north boundary line of said Government Lot 5, South 89°08'28" West, 639.12 feet to the northerly prolongation of Stillwater Subdivision No. 1 as filed in Book 115 of Plats at Pages 17198 through 17205, records of Ada County, Idaho and the POINT OF BEGINNING; thence leaving said north boundary line on the westerly boundary line of said Stillwater Subdivision No. 1 and the northerly prolongation thereof the following four (4) courses and distances: South 01 °06'54" West, 874.98 feet; South 89°08'29" West, 100.03 feet; South 00°04'23" East, 146.85 feet; South 43°36'03" West, 89.28 feet to the northerly bank of the North Channel of the Boise River; thence leaving said westerly boundary line on said northerly bank the following four (4) courses and distances: North 39°25'23" West, 71.25 feet; North 26°52'38" West, 85.41 feet; North 57°49'51" West, 84.33 feet; South 85°38'52" West, 29.03 feet; thence leaving said northerly bank, North 01 °06'54" East, 935.78 feet to the centerline of W. State Street (State Highway 44); thence on said centerline, North 89°41'32" East, 344.88 feet; thence leaving said centerline, South 01°06'54" West, 23.57 feet to the POINT OF BEGINNING. Containing 7.782 acres, more or less. End of Description. Page 1 of 1 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 16 of 30 EXHIBIT A Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 17 of 30 N.W. Corner, Gov't Lot 5 336.44' Line Table Line Bearing Length L1 S89'08'29"W 100.03' L2 S00'04'23"E 146.85' L3 S43'36'03'W 89.28' L4 N3925'23"W 71.25' L5 N26'52'38"W 85.41' L6 N57'49'51 "W 84.33' L7 S85'38'52"W 29.03' L8 S01'06'54"W 23.57' N r7 rn 0 0 z Basis of Bearings . S89'08'28"W 1320.531... , _ _ . W. State St. (S.H. 44) N89'41'32"E 344.88' _sL8 344.97' 639.12' Point of Beginning L7 P:\Riverbend Commons (2611 Stole St) 23-309\dwg\Rezone Eo.dwg 7/16/2024 6:11:06 PM ^3 N L1 '06'54"W 874.98' Stillwater Sub No. _/ W. Copper Silo St. 0 75 150 N.E. Corner, Gov't Lot 5 300 IDAHO SURVEY GROUP, LLC 9955 W. EMERALD ST BOISE. IDAHO 83704 (208) 846-8570 Exhibit Drawing for Mixed Use Zone Riverbend Commons Subdivision Job No. 23-309 Sheet No. 1 A portion of the E1/2 of of the SW1/4 of Section 7, T.4N., R.1E., B.M., City of Eagle, Ada County, Idaho. Dwg. Date 7/16/2024 1ExHli5k-r 13 Affidavit of-NA-111E-5',�Vi, I`4 i o'j r`> UH1-�- AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada Seven Two One LLC, who being first duly sworn under oath, deposes and says: 1. I am Seven Two One LLC, whose mailing address is 2242 N. Edgewood Rd., Eagle, ID, 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto (the "Property"). 3. Seven Two One LLC authorizes the submission of the Property to certain Development Agreement pursuant to the provisions set forth in Idaho Code Section 67-651IA and Eagle City Code Section 8-10-1 dated the ti day oflW'r, 2025 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Owner (the 'Agreement"). DATED this ) 1 day of , 2025. By: Owner By: r Seven Two One LLC SUBSCRIBED AND SWORN to before me this ' t;'{ day of ; , 2025. JENNIFER THOMAS COMMISSION NUMBER 63227 NOTARY PUBLIC State of Idaho M Commission Ex.ires 03/10/2026 Notary Public for Idaho Residing at 1-2-)CtS L 91) , Idaho My Commission expires %') Page 1 of 7 C:\Users\dyorg\AppData\Local\Microsoft\Windows\INelCache\Content.Outlook\XXDKCXZO\Development Agreement affidnvit.doex Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 18 of 30 TO f•r' . g 14' •-°, 4 C.6 : Y. 2 Y : .9 II ci LL'd g, 0 • 5 5 E .. 0 .7e: g R © • a. .., - n l• :: g ,,, ,-;,i cd ihgN 51i! 6 1 1 - 0 C r.= -7 --',,,, zi4.,e.,:g 2 > ..F., o 2 .., '..1.., u 5'..> g gg e 0 •'-.1 2 6 S '6gh SHEET INDEX TITLE COVER SHEET DUSTING CONDITIONS PLAT LAYOUT PLAT LAYOUT PRELINJNARY ENGINEERING PLAN PRELLYJNARY ENGINEERING PLAN PARKING EXHIBIT - WEEKDAY Et DAYTIME PARKING CSHIBIT - WEEKEND Et EVENING SHEET NUMBER 7 7 N, ."," T •7 . x AM31OIId "g^:1 1 li „r II ._. I t•• A !g5' §0 / 5— / t/ 1 / Cr, 6 / / g2/ g6,/ 8 rg' 0,^N•ti naq,a Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 19 of 30 o w \o V �v E a e3A �MAa rx o d �,. _i `<Eo .'v U co'k aZ .. :, Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 20 of 30 u' 4 I •'1 0 -_,I E ;.,1 44°- ri -, . ''• N'''''.. E e .2 e,..5 cl 11 V Al I 1 1 11 1 11 1 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 21 of 30 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 22 of 30 RECEIVED & FILED CITY OF EAGLE 12123I2024 EXHIBIT D Sample Pics for Sports plex building File: Route to: Page 59 of 135 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 23 of 30 EXHIBIT D Page 60 of 135 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 24 of 30 Page 61 of 135 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 25 of 30 EXHIBIT D RECEIVED & FILED CITY OF EAGLE 12/23/2024 File: Route to: Conceptual Pics for Retail, Office and Flex Office buildings The following are pictures of buildings at the east end of Eagle and we anticipate similar architectural styles in Riverbend Commons, including traditional stone and stucco or Craftsman style. WB .'V*PI.- • ,tic II � �� - Page 62 of 135 Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 26 of 30 EXHIBIT D Page 63 of 135 Dr'df10119 NDIS30 "w"'",,,, oroy oHvai 3i9v3 E M cc a m _ 'IS 31`d1S 'M l 1.9E HIHON o Qom , fF; SNOWWOO GN38H3AIH NN1d 3dVOSONV11dflld3ONOO ,= mot "a'"s•ss§ Sabo a§ _8 o o o o! o o o� Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 27 of 30 LANDSCAPE LEGEND oo5 B 5 =n'dnoaD NDIS34 o m ,,,a, i, ='w�' = E� 3 € „, OHVOI 31JV3 1S alb 1S 'M L L9Z SNOWWO� GN�9>i��l�l H1fOS Ndld 3dd�SGNd� �Vf11d��NOO 4 v x a - ^ J . o 0 Pi W1 et � o mot Nir:0444 3-1-1444H4 1 t4111JM 11H Instrument # 2025-047105 oo;5 CONCEPTUAL LANDSCAPE PLA 07/25/2025 12:13:39 PM Page 28 of 30 7n'df1O119 NDIS30 E m soya",,, '' =� , s "� €a OHVOI E1 V '1S 31`d1S 'M l 1.9g SNOWWO3 GN39}12A1d NV -Id ONI�N3� CV r �W q m z U LL Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 29 of 30 NY)d Jld. 81 )tonal AAV3H SNYld 3/IS 'JSIYI sNowwoo aN3Ba3NH cr saoz/Vc 0,0'O91 0 CCI 2 X W W. STATE STREET (HWY 44) W. COPPER SILO wz.=E(PVO ST (PLB) ast osv IPKI stsa AISLE P (PVT) n W. COPPER SILO ST (PUB) 7 w.1 COPPER SILO St Instrument # 2025-047105 07/25/2025 12:13:39 PM Page 30 of 30 INDEX OF EXHIBITS A - Legal Description B Affidavit of Owner C-1 - Concept Plan 1 C-2 Concept Plan 2 C-3 - Concept Plan 3 D Building Elevations E Conceptual Landscape Plan F Fencing Plan G Heavy Truck Traffic Plan Page 15 of 15 K:\Planning Dept\Eagle Applications \Subdivisions\Riverbend Commons\01-Riverbend Commons A-RZ-PP103-Working Files\04-City Council\Itiverbend Commons - Development Agreement- 2.docx EXHIBIT A A Description for Mixed Use Zone July 16, 2024 A portion of the East 1/2 of the Southwest 1/4 of Section 7, Township 4 North, Range 1 East, Boise -Meridian, City of Eagle, Ada County, Idaho more particularly described as follows: Commencing at the Northeast corner of Government Lot 5 of said Section 7, from which the Northwest corner of said Government Lot 5 bears South 89°08'28" West, 1,320.53 feet; thence on the north boundary line of said Government Lot 5, South 89°08'28" West, 639.12 feet to the northerly prolongation of Stillwater Subdivision No. 1 as filed in Book 115 of Plats at Pages 17198 through 17205, records of Ada County, Idaho and the POINT OF BEGINNING; thence leaving said north boundary line on the westerly boundary line of said Stillwater Subdivision No. 1 and the northerly prolongation thereof the following four (4) courses and distances: South 01 °06'54" West, 874.98 feet; South 89°08'29" West, 100.03 feet; South 00°04'23" East, 146.85 feet; South 43°36'03" West, 89.28 feet to the northerly bank of the North Channel of the Boise River; thence leaving said westerly boundary line on said northerly bank the following four (4) courses and distances: North 39°25'23" West, 71.25 feet; North 26°52'38" West, 85.41 feet; North 57°49'51" West, 84.33 feet; South 85°38'52" West, 29.03 feet; thence leaving said northerly bank, North 01 °06'54" East, 935.78 feet to the centerline of W. State Street (State Highway 44); thence on said centerline, North 89°41'32" East, 344.88 feet; thence leaving said centerline, South 01°06'54" West, 23.57 feet to the POINT OF BEGINNING. Containing 7.782 acres, more or less. End of Description. Page 1 of 1 EXHIBIT A N.W. Corner, Gov't Lot 5 Basis of Bearings S89'08128"W 1320.531. W. State St. (S.H. 44) N89'41'32"E 344.88' -L8 "06'54"W 874.98' Line Table Line Bearing Length L1 S89'08'29"W 100.03' L2 S00'04'23"E 146.85' L3 S43'36'03"W 89.28' L4 N39'25'23"W 71.25' L5 N26'52'38"W 85.41' L6 N5749'51"W 84.33' L7 S85'38'52"W 29.03' L8 S01'06'54"W 23.57' P:\Riverbend Commons (2611 Stole St) 23-309\dwg\Rezone EM.dwg 7/16/2024 6:11:06 PM 639.12' Point of Beginning y Stillwater Sub No. W. Copper Silo St. 0 75 150 N.E. Corner, Gov't Lot 5 300 IDAHO SURVEY GROUP, LLC 9955 W. EMERALD ST, BOISE, IDAHO 83704 (208) 846-8570 Exhibit Drawing for Mixed Use Zone Riverbend Commons Subdivision Job No. 23-309 Sheet No. 1 A portion of the E1/2 of of the SW1/4 of Section 7, T.4N., R.1E., B.M., City of Eagle, Ada County, Idaho. Dwg. Date 7/16/2024 Affidavit of#A $EVt "TWO ONE L,L-C-- AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada Seven Two One LLC, who being first duly sworn under oath, deposes and says: 1. I am Seven Two One LLC, whose mailing address is 2242 N. Edgewood Rd., Eagle, ID, 83616 ("Owner"). 2. Owner is the fee simple owner of the parcel of real property described on Exhibit 1, attached hereto (the "Property"). 3. Seven Two One 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 i 5 day of 1 W +1 , 2025 by and between the City of Eagle, a municipal corporation in the State of Idaho, and Owner (the "Agreement"). DATED this j61 day of j11,/iQ) , 2025. By: Owner SUBSCRIBED AND SWORN to before me this 1 day of 'Jule__ , 2025. JENNIFER THOMAS COMMISSION NUMBER 63227 NOTARY PUBLIC State of Idaho M Commission Ex.ires 03/10/2026 Not. ' Pu . lic for Idaho Residing at 0O(S- f p , Idaho My Commission expires -a/ 10/ Page 1 of 1 C:\Users\dyorg\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook'XXDKCXZO\Development Agreement affidavitdocx :r Ai F qT; b , g PNM1"-D t t.5 i ni g '(. 9 gi Z 12`isrl LU CC1zEi; Mcon,7, LLI> cco Ism ;11.1g C O Vn / En W° $ E u c e .?c O gm F, RB >';8 S" F a`''' o G` d" L UU a 9 1 GJ off O F =1�"1 ay xo�: 3 3E 1 0 w'^� U n c � A unL9 C: 0 r u�i u ? ° E. p ci i t 8 ZXI O n X W — J z� Q O J U a. u) a_ O W U ci) z Occ U Q w z 0 y e _j_YMj9YU3J1d'S I I Y ii [• j 0 yli / E4 Is 1 a8� sse 0 l'n i-..41-- 61 .° n g. - i ii• 1 t .f..,,ziiipiaf 2 2,12 RI z 1 t?.. > e 1-. i,A °H=. i c. I o 1 E g , A T, E . t i4 § 794 g $ , 0 • 1:,•^ 24 RECEIVED & FILED CITY OF EAGLE 12/23/2024 EXHIBIT D Sample Pics for Sports plex building - r ' ' File: Route to: Page 59 of 135 EXHIBIT D Page 60 of 135 Page 61 of 135 RECEIVED & FILED CITY OF EAGLE 12123/2024 EXHIBIT D File: Route to: Conceptual Pics for Retail, Office and Flex Office buildings The following are pictures of buildings at the east end of Eagle and we anticipate similar architectural styles in Riverbend Commons, including traditional stone and stucco or Craftsman style. Page 62 of 135 EXHIBIT D Page 63 of 135 J" 'dnOlID NDIS30 E , ,N $o ,,,,, °- = =_LLB , sF;, oHVaI 319V3 'IS HMS 'M l 1.9Z SNOWWOO GNH8H3AIH HIHON Nt1idd �OSONdi ltfnld3ONO0elk a ; ` o ,=ESA 01 o�! QI! 0 oo5 `s� a a U 0 a Z -J J a w 0 0 O U DTI 'dnoaD N9IS34 E ,,,��!��;wi OFIV4� 31DV3 Q ,.. 11 C�9„ Toil =� `3 € 'IS aiViS 'M L L9Z SNOWWO0 GNa9»]AI�I H1f1OS NVid 3ddOSGNd� �df11dA0NOO = T- J __-- m o a ili, 3 &&§ A 0 w a r oe_.gso.�ssee�m .�®.4110O. CO 2 W oo5 NDSCAPE PLAN - SOU V- 0 a w U Z 0 U 3n'df1O119 NDIS34 E m soW'.'; � a iF=s �•€ OHVOI E1 V '1S 31`d1S 'M l l9e SNOWWO3 GN39H 2AIFi Nbld ONION3d CV r o - W 4: CO 2 W z U LL (' ( \\ • NY1d OldiVal Ronal AAY3H ypa a, t �,���/' q C1 " sg_r SNY1d 311S '3SIW sera!(/c 0zr.ei SNOWWOO dN991d9A1 p a W. STATE STREET (HWY 44) a � N 1.iw1—w1— os�iPm x xp pE '2FJVp o wa • 1 1 11 .mcctvW) _ _. smtclPVO � i__.. o a� ~O mW Q� q • � a N o O AU H Z a O m e. s t- 2.su o (vvO nisi o (vvr) Z ry,a s m ) •.--- LLl Hve W. COPPER SILO ST (PLB) W. COPPER SILO ST (PUB) W. COPPER SILO ST GPARCEL ADDRESS: 2603 W STAY ST, 2611 PARCELS S0507346150, 1 —im r 1 • DYER 5,000 GVWR. DO AM AND 6:00 PM DAILY, SUNDAY TO SATURC AND MAJOR ARTERIALS, WHILE MINIMIZING USE CO^ \ ----- ...... _ a ._. j p W m O O ¢ W Q w -.. \ \ O— L- p o 111 o z . .' — N IS N. VI J -�� I a a a> K a z ci ri a s ij xsa'-VPR ORB RP I c/OROwa wvTwnn-�vwooyam'wi�.x.w.oaa.ma+��v w"•+ nvw•d+�Nn.�m: