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Development Agreement - 2026 - The Habit - 8/28/2026Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 Ada County Recorder Trent Tripple 2026-066516 Boise, Idaho Pgs= 12 cfowler 09/02/2026 12:44:10 PM CITY OF EAGLE $0.00 Electronically Recorded 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 ("City"), by and through its Mayor, and ALTURAS EAGLE MARKETPLACE, LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos. S0521336400 and S0521336129 ("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. RZ-95; and WHEREAS, Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on March 23, 2016, as instrument number 2016- 023969 (the "Original Development Agreement") shall be void and of no further force or effect on the Property; and WHEREAS, Owner has previously been approved for a modification to the original rezone (RZ- 95) associated with the Property pursuant to Rezone Application No. RZDA-95-MOD5, which modification is implemented within the Original Development Agreement and subsequently implemented within this Development Agreement; 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 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 WHEREAS, Owner desires to develop the Property as generally shown on the Concept Plan (Exhibit Q and Page 1 of 9 KAPlanning Dcpffagle App1ications\RZ&A\I995\RZ-95 MODS - Habit Ourgcr - DA MOD, CUP\03-Work np Piles04-City Cnunc1104-Development AgrwmcntW-95 MODS Amcndcd and Rmiled DA.docx WHEREAS, 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 the Neighborhood Business District ("C-1- DA") and the General Business District ("C-2-DA") zoning designations for the Property with the requirements set forth in the Original Development Agreement as replaced by this Amended and Restated Development Agreement; and WHEREAS, Ada County parcel No. S0521336129 and a portion of parcel No. S0521336400 are zoned C-2-DA (General Business District) as shown in the Zoning Exhibit (Exhibit "D"); 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 City has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to C-1-DA and C-2-DA, subject to the provisions of the Original Development Agreement, and as specifically set forth previously in Ordinance No. 298 which became effective after its passage, approval, and publication on October 14, 1997. ARTICLE III CONDITIONS OF DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in the Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat review, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by 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 the Agreement. 3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for Eagle Marketplace. As the Concept Plan evolves, the City understands and agrees that certain changes in the 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, and notice shall be provided as may be required by the City. 3.3 Modifications to the existing grass -covered berms located adjacent to Eagle Road and Chinden Boulevard shall be reviewed and approved by the Design Review Board prior to any modifications to the existing landscaping in order to ensure adequate screening is maintained. Page 2 of 9 K\Planning Dept\Eagle App1ications\RZ&A\I995\RZ-95 MODS - Habit Burger - DA MOD, CUM03-Working Files\04-City Council\04-Development Agreement\RZ-95 MODS Amended and Restated DA.do" 3.3.1 All drive through uses shall be screened from the adjacent street by a minimum forty-eight inch (48") buffer (measured from the drive aisle and composed of a berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall or evergreen hedge) between the drive -through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive -through lanes (i.e. vehicle headlights and vehicle cueing). 3.4 All parking lot and area lighting for the commercial development shall be contained in a historical fixture in compliance with Eagle City Code Section 8-4-4-2(A) installed on poles no higher than fifteen feet (15') on the perimeter of the property; except that with the approval of the Design Review Board interior poles may be as high as twenty feet (20'). All lighting fixtures located on the north side of the building (abutting the northern property line of the commercial development) shall be shielded. 3.5 All public announcements, paging system, and music systems that can be heard outside shall not exceed 67 dBA from any location more than fifty feet (50') outside of the commercial development. 3.6 No building shall have more than one story, and shall not exceed twenty-eight feet (28') in height, including rooftop mechanical fixtures and equipment and screening for same, but excluding architectural treatments, which shall not exceed thirty-five feet (35') in height. The height of any building constructed on a separate pad fronting Eagle Road and/or Chinden Boulevard is further limited to a height not to exceed twenty feet (20'), including rooftop mechanical fixtures and equipment and screening for same, but excluding architectural treatments, which shall not exceed twenty-five feet (25') in height. All rooftop mechanical fixtures and equipment shall be adequately screened so as to not be visible from the ground at a distance of 200 yards from the base of the building. 3.7 A masonry wall not less than eight feet (8') in height shall be located behind the loading docks located to the rear of the in -line or primary building to screen the loading dock areas from the adjacent properties. 3.8 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 Neighborhood Business District and General Business 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 C-1 and C-2 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 C-I and C-2 zoning designation shall require a conditional use permit. In addition to all other use 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. • Adult Business • Automotive Body Shop • Automotive Gas Station or Fuel Islands • Automotive Gas Station/Service Shop • Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales • Automotive Repair • Automotive Washing Facility Page 3 of 9 KAPlanning Dept\Eagle Applications\RZ&A\1995\RZ-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreennent\RZ-95 MOD5 Amended and Restated DA.doox • Bar (except if incidental to a restaurant use) • Billiard or Pool Hall • Machine Shop • Storage • Warehouse or Industrial Uses 3.9 No business in the commercial development shall be open for business between the hours of 12:00 midnight to 6:00 a.m. No deliveries or service trucks may be permitted in the commercial development after 8:00 p.m. or before 6:00 a.m. on weekdays and between the hours of 6:00 p.m. to 8:00 a.m. during weekends and holidays. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS Affidavits of the Owner 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. 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 Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. 5.2 If required to proceed in a court of law or equity to enforce any provision of this Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitments contained in this Development Agreement, including attorneys' fees and court costs. 5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of Development or without an amendment to this Agreement for its extension being 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 Eagle enacts and records an ordinance changing the property to the A-R (Agricultural -Residential) zoning designation. ARTICLE VI UNENFORCEABLE PROVISIONS Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that portion determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s) (or other appropriate party) and Eagle. Page 4 of 9 KAPlanning DeptTagle App1ications\RZ&A\1995\RZ-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\IdZ-95 MOD5 Amended and Restated DA.doc 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 Owner and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon 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 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; Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owners: Alturas Eagle Marketplace, LLC Attn: Travis Barney 250 East Eagle Gate Drive, Suite 340 Eagle, Idaho 83616 Page 5 of 9 KAPlanning Dept\Eagle Applications\RZ&A\I995\RZ-95 MOD5 -Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\RZ-95 MOD5 Amended and Restated DA.doex 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, Owners agree to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owners an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owners shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owners for such fees, adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owners is in the form of a letter of credit, and if the Owners fail to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owners. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit),the Owners shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall .release to the Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. 8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material respect, the City may, without further notice to Owners, exercise any or all of the following remedies. A. Withhold the issuance of any building permit or certificate of occupancy of any structure located within the Project; B. Withhold the connection of water, sewer or electric service to any property located within the 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 8.6 of this Development Agreement and 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 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. Page 6 of 9 K:Tlanning DeptTagle Applications\RZ&A\1995W-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\RZ-95 MOD5 Amended and Restated DA.docx IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this day of , 2026. CITY OF EAGLE, a municip oration organized and existing under the law e State of Idaho Brad e, Mayor AT ST: Chu=-- ,�, 0R A TF••. Tracy E. O , City Clerk 4 U• .p �0 S• Js 04, STATE OF IDAHO ) SE 0��.�``• : ss. County of Ada ) On this day of mv , in the year U14 , before me, the undersigned, a Notary Public in and for said State, personally appeared BRAD PIKE, known to me to be the MAYOR of said municipal corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand written. v�•�•.....• �Sr�•,, 10 so ��ARY •% 4 PUBL�G�''' ••: Mm. Np :� Q�; q TE OF affixed my official seal the day and year first NotW Public for Idaho Resifflng at: My Commission Expires: Page 7 of 9 &\Planning Dept\Eagle App1ications\RZ&A\1995\RZ-95 MOD5 -Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\RZ-95 MOD5 Amended and Restated DA.docx STATE OF IDAHO ss. County of Ada By: .,— Travis Bar ,CEO On this Z(,-) day of AO &IU'�-j , 2026, before the undersigned notary public in and for the said state, personally appeared TRAVIS BARNEY, known and identified to me to be the Manager of ALTURAS EAGLE MARKETPLACE, LLC, known or identified to me to be the owners of the property referenced herein and the persons who executed the foregoing instrument. written. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above =1SEMINGERER80STATSTATE OF IDAHO 2/18/2031 No ublic tor Idaho Residing at: CAC„ LC My Commission Expires: 12 IQZ/3 i Page 8 of 9 K:\Planning Dept\Eagle App1ications\RZ&A\1995\RZ-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\RZ-95 MODS Amended and Restated DA.docx INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Zoning Exhibit Page 9 of 9 KAPlanning Dept\Eagle Applications\RZ&A\I 995\RZ-95 MOD5 - Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development AgreementTZ-95 MOD5 Amended and Restated DA.docx EXHIBIT "B" Affidavit of TRAVIS BARNEY on behalf of ALTURAS EAGLE MARKETPLACE, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) TRAVIS BARNEY, who being first duly sworn under oath, deposes and says: l . I am TRAVIS BARNEY, who is a Managing Member of Alturas Eagle Marketplace, LLC, whose mailing address is 250 East Eagle Gate Drive Suite 340, Eagle, ID 83616 ("Alturas Eagle Marketplace, LLC"). 2. Alturas Eagle Marketplace, LLC, is the fee simple owner of the parcel of real property described on Exhibit A (the "Property"). 3. Alturas Eagle Marketplace, LLC, authorizes the submission of the Property to certain Development Agreement dated the � day of RUC_AUS`r , 2026 pursuant to the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Alturas Eagle Marketplace, LLC (the "Agreement'). DATED this &� day of j , 2026. By: Alturas Eagle Marketplace, LLC By: ✓ T-favis Ba , CEO SUBSCRIBED AND SWORN to before me this 2% day of :UGr�fj� , 2026. MADELYN ISEWNGER comm. #t2025'E NOTARY PUBUc STATEpFQAHO MY COMMISSIONEXP1RESt2 9 03t Not Publit for o Residing at FAGII Idaho My Commission expires 1 2-/1A I ZU�'t Page 1 of 1 K\%anning Dept\Eagle Appbcations\RZ&A\1995\RZ-95 MOD5 -Habit Burger - DA MOD, CUP\03-Working Files\04-City Council\04-Development Agreement\Eagle Marketplace da afFdavit.doc Exhibit C r- §0 INNSFti MISS } t�j ' 'mil •'�Yi y \� Am __ \ 4u p M, AJU I gjq fr- , --- ---7777-4 L2 ob , kj lvrjd,tn.B;vd RECEIVED & FILED CITY OF EAGLE 04/27/2026 LLJ LU voxs CATS 32".� VICINITY MAP 1' - 31Y Exhibit D S89 48' 00"W - 10.00' UNPLATTED N W W gs S o o UNPLATTED gi C-1-DA S89" 48' 00'W - 218.00' ses 49 00-W 0.01' — — Q I N89° 48' DO'E - 228.00' DETAIL A Ix I I"=20' w J Q ' UNPLATTED LLl i C-2-DA � �N 20 _ 29 28 N89' 48' DO"E - 291.20' DETAIL A 48' 00"W - lu N 15 L ,I, S.H. 20 / CHINDEN BLVD �g\ L LA/� <J �.�CENSFOS'�G 18350 Antonio m C441 PROJECT NO XAIE VH ..CUE RAMB wA "= ACKF.RMAN THE HABIT BURGER OENGNET ANC E' S i Vol ZONING EXHIBIT DEIGN©ev AI/C 7655 W Riverside Or • Garden City. ID 83714 CHECkZD BY. AYC 208.853.6470 • www.ackerman estvold.— 1 OF 1 DATE: Mall ]6