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Development Agreement - 2026 - Kody Corner Subdivision - Amended And Restated - 9/2/2026Recording 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 2026-067338 Boise, Idaho Pgs= 33 asteele 09/04/2026 02:22:37 PM CITY OF EAGLE $106.00 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 MJV INVESTMENTS, LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County parcel Nos. R7334270465 and R7334270480 ("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- 2021-07; and WHEREAS, Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on May 10, 2022, as instrument number 2022- 045416 (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- 2021-07) associated with the Property pursuant to Rezone Application No. RZ-2021-07 MOD, which modification is implemented within the Original Development Agreement and subsequently implemented within this Development Agreement; and WHEREAS, the Rezone Application No. RZ-2021-07 MOD amended the original rezone (RZ- 2021-07) to change the termination date to two (2) years and six (6) months from the Effective Date of the executed Amended and Restated Development Agreement, to replace the architectural elevations in Exhibit "E", to modify conditions of development 3.4 and 3.9, and to add conditions of development 3.10, 3.11 and 3.12 to the Agreement; 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 Compact and zoned R-6-DA (Residential with a development agreement); and WHEREAS, Owner desires to develop the Property with an 20-lot (19-buildable, 1-common) residential subdivision use as generally shown on the Concept Plan (Exhibit Q and Page 1 of 11 K:\Planning Dept\P-agle Applications\SubdivicionslKody Comer\02 - Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA.2021-07-MODI\03.Working Files\04-Cily CouncikN- Development AgreemeuMody Corner Amended and Restated DA.docx WHEREAS, the City Council of Eagle has determined that the scope of any residential project upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; 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 Residential ("R-6-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 WHEREAS, Owner have provided City with affidavits agreeing to submit the Property to a development agreement (Exhibit B) 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 City has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to R-6-DA, subject to the provisions of the Original Development Agreement, and as specifically set forth previously in Ordinance No. 876 which became effective after its passage, approval, and publication on May 24, 2022. ARTICLE III CONDITIONS OF DEVELOPMENT 3.1 The maximum density for the Property shall be 5.44 dwelling units per acre (19-single-family lots). 3.2 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 this Agreement. 3.3 The Concept Plan (Exhibit C), the City understands and agrees that certain changes in that concept may occur. If the City determines, in its sole discretion, 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. Page 2 of 11 K:\Planning Dept\Eagle Applications\Subdivisions\Kody Comer\02 - Kody Corner CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-202"7-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Corner Amended and Restated DA.docx 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, shared driveway, pathways, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). (d) A maintenance manual for the streetlights requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (e) A requirement stating that the Homeowner's Association shall have the duty to maintain all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in perpetuity. (ECC 9-4-1-9[C] [ 1 ]) (f) 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. (g) Similar residential home exterior elevations shall not be used twice within a five (5) home radius of each other. 3.5 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 use. 3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. Page 3 of 11 K:\Planning DeptTagle Applications\Subdivisions\Kody Comer\02 - Kody Corner CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Corner Amended and Restated DA.docx 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) proposed useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 Owner shall place a 4'x8' 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. 3.9 The conditions, covenants and restrictions for the Kody Corner Subdivision should contain a Conservation and Education Program (CEP) Funding Plan. The Funding Plan should be included as a separate, independent Assessment within the Covenants, Conditions, and Restrictions (CC&Rs) associated with Kody Corner Subdivision and should require the Homeowner's Association to collect $5.00 per lot, per month. The CC&Rs should clearly define the CEP assessment within the Assessments section of the CC&Rs, state that any amendment to this Declaration removing or changing the CEP Assessment in any way must also be approved in writing by the City of Eagle within the "Terms and Amendments" section of the CC&Rs, acknowledge that the development of the Project has contributed to the reduction of natural habitat and open space, and that the purpose of the CEP Assessment is to promote the recreation, health, safety, and welfare of the Members by funding conservation and/or management of natural or cultural resources, or conservation -based education and outreach programs. Funds collected from the CEP Assessment shall be delivered to the City of Eagle annually and deposited in a dedicated fund exclusively for the Conservation Education Program and as approved by the City Council. The CEP Funding Plan should be executed by the Owner and the City prior to the City Clerk signing the final plat. 3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "E". 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 structure within the development shall be accompanied by an approval letter from the ACC. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. Similar residential home exterior elevations shall not be used twice within a five (5) home radius of each other. Page 4 of 11 K:\Planning Dept\Eagle Applicetions\Subdivisions\Kody Corner\02 - Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI\03-Working Piles\04-City Couneil\04- Development Agreement\Kody Corner Amended and Restated DA.docx 3.11 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. The Owner shall conduct a pre -application meeting with the City of Eagle Fiber Department prior to submittal of a final plat application. Upon completion of the installation of the municipal fiber-optic conduit lines, the Owner shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. 3.12 Owner shall be required to construct the following amenities within the common area open space: • Fourteen -foot (14') wide natural surface pathway • Play structure • Bench • Shade structure • Trash receptacle • Two (2) pet waste stations The Owner shall submit a design review application presenting the above amenities as shown in the preliminary plat landscape plan received by the City on July 17, 2026 (Exhibit D) 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 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. Page 5 of 11 K .\arming Dept\Eagle Applications\Subdivisions\Kody Comer\02 - Kody Comer CUP-2025-14, PPUD4025-08, PP-2025-12,RMA-2021-07-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Comer Amended and Restated DA.docx 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 (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 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 Original Development Agreement: Upon recordation of this Amended and Restated Development Agreement, the original development agreement recorded in the real property records of Ada County, Idaho, on May 10, 2022, as instrument number 2022-045416, shall be void and of no further force or effect on the Property. 8.2 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.3 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. 8.4 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the State of Idaho in effect at the time of the execution of this Development Agreement. Any action brought in connection with this Development Agreement shall be brought in a court of competent jurisdiction located in Ada County, Idaho. 8.5 Legal Representation. Both the Owner and 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. Page 6 of 11 K:\Planning Dept\Eagle Applications\Subdivisions\Kody Comer\02 - Kody Corner CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI \03-Working Files\04-City Council\04- Development Agreement\Kody Comer Amended and Restated DA.docx 8.6 Notices. Any notice which a party may desire to give to another party must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whom the notice is directed at the address of such parry set forth below; City: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Owners: MJV Investments, LLC Attn: Mike Groff 1111 East Pennsylvania Avenue Boise, ID 83706 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, Owners agree 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 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, City shall bill Owners for such fees, adjusting the estimates as appropriate. The Owners shall make payments for such fees as incurred by City and as invoiced to the Owners or, if Owners have made a cash deposit with City, City 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 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 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, City shall release to the Owners 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 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; Page 7 of 11 K TIanning Dept\Eagle Applications\Subdivisions\Kody Comer\02 - Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Corner Amended and Restated DA.docz 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. 8.10 Termination: If the Property is not developed as conditioned herein, this agreement shall terminate two (2) years and six (6) months after the Effective Date. Page 8 of 11 K:\Planning Dept\Eagle Applications\SubdivisionsWody Comer\02 - Kody Corner CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI \03-Working Files\04-City Council\04- Development Agreement\Kody Comer Amended and Restated DA.docx IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 0 day of6w—�, 2026. CITY OF EAGLE, a municipal corporation organized and existing under the laws of the State of Idaho By: Brad Pike, Ma AT ST: OF G• 'RPORq••�F' cn • Tracy E. Os1�tM, If ity Clerk * . SEAL STATE OF IDAHO) %,`��'�:;kroanno%;: •p ss '•0,, F I��P�.•` � County of Ada ) On this t, day of S , in the year , 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 han an fixe icial seal the day and year first written. ,.•••.� CSE�, ••. ,•��.Ovti09.•.....� ('�,Notary blic 0 ;0Residing at: I• �,� � My Commission Expires: • PUBLIC e No•51•• �� •' lop yT••.....•. P ,. •" POF4401111 �AS Page 9 of i l K:`:Planning Dept Eagle Applications.Sutxlivisions.Kody Comer,02 - Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MOD] \03-Working Files\04-City Council',04- Development Agreement.Kody Corner Amended and Restated DA.docx By: MJV Investments, LLC By: ike Groff, Nianagin-goffaKer STATE OF IDAHO ss. County of Ada ) On this / % day of /°hly k.S+- , 2026, before the undersigned notary public in and for the said state, personally appeared MIKE GROFF, known and identified to me to be the Manager of MJV INVESTMENTS, 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. LESLIE PRENDMLLE NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 20192030 MY COMMISSION EXPIRES 9.30-2031 Notary Public for Idaho , Residing at:95G1 /-WAV{ My Commission Expires: /3 QI3 J Page 10 of 11 K:\Planning DeptTEagle Applications\Subdivisions\Kody Comer\02 -Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Corner Amended and Restated DA.docx INDEX OF EXHIBITS A - Legal Description B - Affidavit of Owner C - Concept Plan D - Landscaping and Fencing Plan E - Building Elevations Page 11 of 11 K:\Planning DeptTagle Applications\Subdivisions\Kody Comer\02 - Kody Comer CUP-2025-14, PPUD-2025-08, PP-2025-12,RZDA-2021-07-MODI\03-Working Files\04-City Council\04- Development Agreement\Kody Corner Amended and Restated DA.docx RECEIVED & FILED Exhibit A CITY OF EAGLE tLR Geo 12/15/2025 2308 N. Cole Rd., Suite G .71 A SURVEYING 6 MAPPING COMPANY BoiseFjIdpho 83704 Route to: PROPOSED KODY CORNER SUBDIVISON DESCRIPTION A parcel of land, being all of Lots 3 and 4, Block 4 of Randall Acres Subdivision No. 15, recorded in Book 16 of Plats at Pages 1040 through 1041 Records of Ada County, lying within the Northeast Quarter of the Northwest Quarter of Section 15, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the southeasterly corner of Lot 3, Block 4, Randall Acres Subdivision No. 15, monumented by a found 1/2" rebar with plastic cap stamped "PLS 5082", from which the northeasterly corner of Lot 4, Block of said subdivision, monumented by a set 5/8" rebar with plastic cap stamped "LRG PLS 12464", bears North 00'16'28" East, 602.83 feet; Thence along the northerly right-of-way of E. Elliot Street, North 65'14'17" West, 349.98 feet to a found 1/2" rebar; Thence North 24'54'56" East, 225.10 feet to a found 1/2" rebar with plastic cap stamped "LS 4347"; Thence North 27°16'16" West, 286.03 feet to the southerly right-of-way of East Syringa Street; Thence along said southerly right-of-way, South 89°39'13" East, 356.92 feet to its' intersection with the westerly right-of-way of South Parkinson Street, monumented by a set 5/8" rebar with plastic cap stamped "LRG PLS 12464"; Thence along said westerly right-of-way, South 00°16'28" West, 602.83 feet to the POINT OF BEGINNING. Containing 152,329 square feet or 3.497 acres, more or less. End of Description Prepared By: Aaron Rush, PLS /NPL L AN0\ c��\ �\STfR sG C 12464 N O -1q PF OF 1 0 EXHIBIT "B" Affidavit of MIKE GROFF on behalf of MJV INVESTMENTS LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) MIKE GROFF, who being first duly sworn under oath, deposes and says: 1. I am MIKE GROFF, who is a Managing Member of MJV Investments, LLC, whose mailing address is I I I I East Pennsylvania Avenue, Boise, ID 83706 ("MJV Investments, LLC"). 2. MJV Investments, LLC, is the fee simple owner of the parcel of real property described on Exhibit A (the "Property"). 3. MJV Investments, LLC, authorizes the submission of the Property to certain Development Agreement dated the _1_0 _ day of J`1L , 2026 pursuant to the provisions set forth in Idaho Code Section 67-651 lA and Eagle City Code Section 8-10-1, by and between the City of Eagle, a municipal corporation in the State of Idaho, and Mike Groff, MJV Investments, LLC (the "Agreement'). DATED this.d day of C , 2026. By: MJV Investments, LLC By: -Mike Groff, Managing Me er SUBSCRIBED AND SWORN to before me this 59 day of2026. JOSHUA KOHLERNotary Public for Idaho S� COMMISSION Residing at 25Q?50, Idaho NOTARY PUBLIC My Commission expires STATE OF IDAHO Page 1 of 1 KiMmmning DeptWA& Applica ionASubdMsiom\Kody Coma\02 - Kody Coma CUP-2025.14, PPUD-2025.0, PP-2025.12,RZDA-2021.07•MODI103-Working Res\04-City CoundlUFt- DevdOpment AgreenenlWody Coma Sub da afridavit.doc Exhibit C 1— TYPICAL STREET SECTION SCALE IlIV / / / / / PRELIMINARY PLAT FOR KODY CORNER SUBDIVISION LOTS 3 & 4 RANDALL ACRES SUBDIVISION NO. 15, LOCATED IN A PORTION OF THE NE 114 OF THE NW 114 OF SECTION 15, TAN., RAE., B.M. EAGLE, ADA COUNTY, IDAHO 2026 lor t� I l� RE- 1 N I SCALE 1�1 KEYNOTES pENo�RGAG.NcvoolU�oRERN9.o�Eo �, O po QED p ENAIN 0 0 o �EET.RwALnREE.sNEET BUILDING SETBACKS: DEVELOPMENT FEATURES: m ca cu_ a_1rR-O_ms_o_E_w.A.LIG a 9 E.............................. . .. . ................1.1.......x1 RAGE sSE__. RDILDARLE LOT G......_... ............................. .,R REAR ... .............. ... .............................. ............... m EAST NO.. ................ —(CITY OF EAOIEI NNMW DRRGPDRED LOT SIZE ................ c AVERAGE LOT SIZE ........ ..........6 RRN TO NOTES. OREu BRACE IRw. Zor.1........amrcREs Ip�MI NOTES: o-WlIRnq aAwl�"'ioR1ONu'�= MERNNG T IE ARRuoAeLE zoNNo AND VEO WLSEOF ADs1E""I sr.rtN .. s., Es FTLOTTSSeuooa vM. o__ FAmw SHARED ow y EDW RE DwvEwnr OANNM RE NOMWDOF 1 "= 800' EMTING NO AVID EVANS 1 .xo A58OCIATES iwc. 2x.e[o.9oa9 e —SAcowNLOTTOMOMEOANDrwNrareoar wvr ras A—RUDEAS T,E OORNER ENTANDw AOCESEEAEE—. w LOT,a UTILITY REPRESENTATIVES DRAIAN DEVELOPER CPAL ENGINEER SURVEYOR S NA N.ry RR 1111 ­2 A.D rynl eT,uaDR OERNT IAR.E. R, D� NE qt LRRG BoisE lo.w7 TEGJ Ipal ees RRoxcTra MJVP00002238 EST No. a vasao®masc p rtK e�.®uzeawm 1IFE OX an of E—E xN.veee„ NRE E,NLENNERLRAaTNER, Exhibit D o n ^xb : wu a / Z e Aa .Ic DI AAI (LANDSCAPE LEGEND w CALLOeUT NOTE �. S !O Ic SIN II ° I mmanoeE uu aHow.w merwxEn E.we roof nM"unnctuaans ss I RI PLANT SCHEDULE CODE ON COMMON/BOTMIGLNAME PLANTING SIZE SIZE CIABS CONFEROUS TREES P�oaEEEusuE cabr Fwua mT1Pow ro a � eN mH uw A GD110U5 TREES wutrardne w11-W I zuSSS e is iz Gnvµ.•iwwu,an zueeS wH.aow aeul 16 ro,aW ,w.ve+ F OVrEPoNG TREES "naEG�pv�MEESEM zra eee H. tow m 9 w e w + 1— es H— cl...I cooE GTY coMuoN/BorANULNAME PUNRNG SIZE uAnwTY SIZE NoiEs NRuas r�cnr�l.wn� n. aHzaw p 1 a.n a to �'oww`.,q ooze "d 2Xxa1 m .Hx.w xHnaw IHzew NI °R is F 1,7 Lzt=spn eHISW bI Rox to sxaL xHxew � .v to sun eatxew ORNMIENT, L GRASSES.,nr "O Pawsaum wpacv No wrxYt t uEL z Hzx w IXRENNA A Ha 2 Hxx w � 1 saa at oast ngN4ga seAtez xMmme.M NRK . taL zHxxw SYMBOL Ott COMMON/BOTANCAL NAME SIZE NOTES GROUNDCOVERS — �� , I z I s I I 1 1 6 1 1 LANDSCAPE NOTES. mwtHa.«.a.oaeEoe.«°ae.ow.ww,toH LANDSCAPE REQUIREMENTS T°Ta.,a.wsn o.TnxEsnmEse.. EaEr.EeaEawEo TIr za ooraa moT. dur[swneEasweiec*eDnwpw nra nurnununeA WEED ABATEMENT NOTES TREE PROTECTION NOTES:��mnn� AZ — IRRIGATION NOTES. E..r,aronua"T°es mlsniMsste wxE E �w,rn�.eneanere..w�w•m�w.n�Tna.,a F. .;�a� .. aT"Hsw...E �EeN,,He Hera. r°nnwmE w.rHtr° w-1SE..—E.T.I—a-�.....w.ne e. 5 lEp .wir evAw . 111 h KODY CORNER SUBDMSION 525 & 5,13 PARMNSON ST. EAGLE. ID 83616 DESIGN REVIEW "FIE UMINARY PLAT LANDSCAPE PLAN iz ix ,a ,s L1.0 AGENCY RENEW �nPLANTER BED CUT EDGE (TYPICAL AT TREES IN TURF AREAS) NOTES: •. �w%namu.�rta�w.ei cw�'.vuiEe.fv'n�ewm wwou 3 DECIDUOUS TREE PLANTING w.,, wJl naa. xer� NOTES: mf Tr 4 CONIFEROUS TREE PLANTING �. .e..w,n,w a neeeo. w NOTESIx ne. ,unmwxMafn,. 5 SHRUB PLANTING ro NOTE •�" 6 OPEN VISITION METAL FENCE . R � z WOOD PICTURE FRAME FENCE PANEL n DOGIPOTO PET STATION v M DEL #1003-L � KODY CORNER SUBMISION 525 & 5 PARVJNSON ST. EAGLE. ID 'MI6 DESIGN REVIEW j PREUMINARY PLAT LANDSCAPE DETAILS t L1.5 s AGE YRE•fEW Exhibit E T 14 E ASP N MODERN SINGLE -LEVEL HOME BEDROOM" BATHROOMS E 1 r730 � 2 BATHROOMS SQ FT CAR GARAGE Covered Patio PLAN HIGHLIGHTS • Open -concept great room, kitchen and dining with access to covered patio • Spacious primary suite with walk-in closet and private bath • Two additional bedrooms with convenient hall bath • Dedicated laundry room with shelving • Generous pantry and storage throughout • Modern exterior options with elevated finishes OPTION A MODERN FARMHOUSE OPTION B ORGANIC MODERN 4fo KODY wYF CORNER SUBDIVISION T N F: HAV N MODERN SINGLE -LEVEL HOME 3 I 2 1, 742 R 2 � (— BEDROOMS BATHROOMS S:) i' CAR GARAGF Primary Bedroom �o 9primary O 88tlt cow co i i U.0 fMNoe door Garage ExMnftd OovwW Pwo (: „•;::,< Great Room IN LOU. Kitchen L i lasssgor ,. ! e I ' f`f Bodrootn 2 ---IT' n Entry Bath 2 Por;:h 15 Bedroom 3 PLAN HIGHLIGHTS • Open -concept great room and kitchen with access to extended covered patio • Spacious primary suite with walk-in closet '... and private bath • Two additional bedrooms and full bath for guests or family • Convenient laundry room with shelving + Walk-in pantry and coat closet for extra storage • Modern exterior options with elevated finishes OPTION A MODERN FARMHOUSE OPTION B CONTEMPORARY KODY CORNER S U B p 1 V I S THE R I D G E L I N E MUVLRfv IWO-STORY HUML- 4 � BAi2.5 I"� 2,421 2 BEDROOMS HROUAt5 � l.�y 50. F7 II II CAR GARAGE FIRST FLOOR SECOND FLOOR ---------------------- Extended Covered Pntin 1 i i �., Great Room Kitchen Den Dining Room """' / Powder+ T_ Gars" OPTION A MODERN CONTRAST IW PLAN HIGHLIGHTS • Open -concept great room, kitchen and dining with access to extended covered patio • Main -level den perfect for home office or guest space • Upstairs loft for additional living or playroom • Spacious primary suite with walk-in closet and private With • Second -floor laundry for everyday convenience • Modern exterior options with elevated finishes 1 ------------------ i OPTION B ORGANIC MODERN KQDY CORNER SUBDIVISION S f —1 BEDROOMS FIRST FLOOR THE UMMIT MODERN TWO-STORY HOME 2.5 El2,IW 2 BATHROOMS SO..FT FT I�IJ CAR GARAGE SECOND FLOOR PP ti B room PBathry wic w.ic Bedroom 2 Lau. Bath 2 z Bedroom 3 c OPTION A WARM CONTEMPORARY OPTION B SOFT MODERN FARMHOUSE PLAN HIGHLIGHTS • Open -concept great room and kitchen with access to extended covered patio • Spacious primary suite with walk-in closet and private bath • Two additional bedrooms with walk-in closets • Convenient upstairs laundry room • Powder bath on main level for guests • Modern exterior options with elevated finishes Ai�': KODY CORNER Lap siding on main body Board & baton siding / Corbels @ front 2 peaks 1111 1111! u 11111111-_ I, Front Elevation - GabM Roof - Sidina Ontlon 1 MIN lient: The Aspen - Siding Option Sheet TiM.: Plan Scalod For: Chofika Subdivision Gable Roof - Siding Option 1 ARCH D (24" X 36" ) Kuna, ID PAPER ONLY BY. jlj�,;. ...ana & baton siding A-2 N f] M Lap siding on main Shake Corbels @ front eyebrow Wrap stone 2' ea. C Eff ku LH Hinged . I I I I I I __------_ _ _L----__--__—J L_______________L— _—_J I I � maw lient: The Aspen - Siding Option Sheet Title: Plan Scaled For: Chotika Subdivision Gable Roof - Siding Option 2 ARCH D (24- X 36- ) Kuna, ID PAPER ONLY By: j@; : ucaao-, ", siding A-3 N 0 M e Lap siding on main Corbels @ garage Board & baton Wrap stone 2' ea. sa�ncaenn•: � e � � e ICI W13 3e68 LH Hinged Clien The Aspen - Siding Option Sheet Ti Ian Seal Fix: Choi Subdivision Hip Roof - Siding Option 1 ARCH D (24- X 36- ) Kuna, ID PAPER ONLY sr: * .ccoao. .... & baton siding A-4 do � N Shake siding Lap siding on main body Garag: Door DUE " I �=A I u 0 Wrap stone 2' ea. side WDOD MOM I.■.I I.■LI lain lU . .011 I! 1 1 111==m� J _L—__________1 L____________J I .L___________1� Eronl EYvaaon alio Roor-SItlInQ Ootidt P Suk:trr= t'a� � , e Client: The Aspen - Siding Option Sheet Idle: Plan Scaled For: Chotika Subdivision Hip Roof - Siding Option 2 ARCH D (24- X 36" ) Kuna, ID PAPER ONLY e>:ifig ... ,... A-5 N O i+! Lap siding on ml Board & baton Nrep stone � I I _ � , _• I I I' li I I _ • • 1_ I I t ,1_______________ I ____________L, i J l____________J I .- . .-------------------------------------------------------- _—__________-__1_ 1 1 ___� ;t1SFi�� •' � s Client: The Aspen - Siding Option Shoat This: Plan Scaled For: Chotika Subdivision Hip Roof - Siding Option 3 ARCH D (24" X 36" ) Kuna, ID PAPER ONLY .Y'ai* & baton siding A-6 oM Lap siding on main Board & baton siding I�I�I�I I�l�l�l Wrap stone 2'ea. side ICI w- I I I �:uar tu, RH Hinged I Client The Ridge Sheet Title: Plan SeaNd For: Siding Options Gable Roof - Siding Option 1 ARCH D (24" X 36" ) Kuna, ID PAPER ONLY ey, 5.:;- A-2 N Lap siding on main body Shake siding @ w/ corbel @ pea Wrap stone 2' ea. I - I I - I - - _____________________ -------------------------- _-------- _______________________�___�_____� CIieM: Sheet Title: Plan Scaled For: The Ridge Siding Options Gable Roof -Siding Option 2 ARCH D (24" X 36" ) Kuna, ID PAPER ONLY A- 3 m o� Lap siding on main Corbels @ garage Wrap stone 2' ea. side �I1e^l The Ridge Sheet Title: Plan Scaled For: Siding options Hip Roof - Siding Option 1 ARCH D (24- X 36- ) Kuna, ID PAPER ONLY & baton siding A - 4 o� e Lap siding on main both Shake siding Wrap stone 2' ea. sid M r WON m mii 9 RH Hinged' ii ii I - M ME= FL__________________________________________J-1______—___________--------- 1 L_____L� - - - - - - -_ �®r..."Awnew —Shake siding Client: Sheet Tide: Plan S-- For: The Ridge Siding Opfions Hip Roof -Siding Option 2 ARCH D (24" X 36" ) Kuna, ID PAPER ONLY ay: A-5 aj o � N Q M b Board & batton Board & batton Wrap stone 2' ea. EM Mmk siding on main body W09 3068 RH Hinged ------------------- I - I I Client Chogka Subdivision - Sheet Title: Ptan Seated For: Siding Option Layout Gable Roof - Siding Option 1 ARCH D (24- X 36- ) PAPER ONLY Kuna, ID A-2 N Shake siding w/ corbel @ FO-1 Shake siding w/ corbel @ peak -40 I DD-tr��01111 Wrap stone 2' ea. side I 9� W09 3068 RH Hinged .I 1 siding on main body Shake siding w/ corbel @ peak Client: Chotika Subdivision - Sheet Title: Plan Scaled For: Siding Option Layout Gable Roof - Siding Option 2 ARCH D (24- X 36- ) PAPER ONLY By: Kuna, ID A-3 N Q M m Effs-WEI Board & batlon Lap siding on main body Garage Doo Wrap stone 2' ea. side 0 ------------------------------------------------------------- Fnnt EMvrtbn 31Ip Roof - SWI., Qptlon 1 Scsle'12'=t'-0' � e e W09 30ge RH Hinged I i I & batton siding Client: Chotika Subdivision - Sheet Title: Plan Sealed For: Siding Option Layout Hip Roof - Siding Option 1 ARCH D (24- X 36- ) PAPER ONLY �.; .. Kuna, ID A-4 N Lap siding on main Ell Shake siding - Not RH Hinged' law VERB mrili-ii 1MM � e � Client: CSheet Tltle: Plan Scaled For: hogkaSubdivision - Siding Option Layout Hip Roof - Siding Option 2 ARCH D (24- X 36- ) PAPER ONLY By, ._... Kuna, ID A-5 N 0