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Development Agreement - 2024 - East End Market Place - 9/18/2024SCANNED .Recording Requested By and _W'hen .Recorded Return to: fanning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 ADA COUNTY RECORDER Trent Tripple 2024-051839 BOISE IDAHO Pgs=37 VICTORIA BAILEY 09/18/2024 08:48 AM CITY OF EAGLE, IDAHO NO FEE For Recording Ptnposes Do Not Write Above This line ANTEND.IED AND RESTATED DEVLLOPM:EN'T ACRE?±,NiENT This amended and Restated Development Agreement (this "Development Agreement"), rr:a.de and entered into on the date as indicated. herein, by and between the CITY OF EAGLE, a municipal coiporation in the State of Idaho ("Eagle"), and -1` 1E CHARTER SCHOOL FUND — ORO VALLEY, LLC ("Owner"', WHEREAS, Owner is the owner of record of certain real estate consisting of six (6) pxccels, Ada County Parcel nurribers S0315223352, S051.5223357, S0515223376, S0515223395, S05152.23415, and S051.5223432 (*Troperty'), as specifically defined in the attached legal description (Exhibit A), and shown on the Concept Plan (Exhibits i3-1 and B-2), which is a portion of the site subject of an application for rezone, identified as Eagle Rezone Application No. RZ-11-15 and which is subject to an application for modification of development agreement, identified as Eagle Rezone Modification ApplicationNo. RZ-1 I - 15 MOD., and WHEREAS, Upon recordation of this Development Agreement, that certain Developrnlent. A.greetrnent recorded in the real property records of Ada Count;, Idaho, on April 28, 2016, as instrurneut number. 20t6--035523 (the "Original Development Agreement") shall be void and of no further force or effect on the Proper-hr; and. WHEREAS, Owner has previously been. approved for a modification to the original rezone (RT- 1.1-15) associated with the Property pursuant to Rezone Application No. RZ-11-15 MOD, whiclt rnodificati,on is irnpletnented within the Original Development Agreementt and subsequently implemented within this Development Agreement; and WIfEREAS, the proposed development includes properties within an area that, at the tune the Original Development Agreement was .recorded, was designated on the Land Use Map of the Comprehensive Plan as Commercial and zoned MU-DA (Mixed Use witlr a development agreement Lin lieu of a Conditional L'se Pen nit]) and C-2-Da (General Business District with a development agreement]); and. WHEREAS, owner has developed a senior housing residential use and desires to develop commercial uses as generally shown on the Concept Plan (Exhibits B-1 and B-2); and WHEREAS, the City Council of Eagle has determined that the scope of arty co3nmerciai and senior housing residential project. upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with; the existing community; and Page 1 of i i KAPianning Dcpf Eagic .`�ppli� �iucu�tZs.AV.G S,RZ-11-IS :MIOD Fax Bad NWP?aceVDA RV End ysrka Plsx GA CC FNL VSR.duca Recording Requested By and When Recorded Return to: Planning and Zoning Administrator City of Eagle P.O. Box 1520 Eagle, Idaho 83616 For Recording Purposes Do Not Write Above This Line AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Amended and Restated Development Agreement (this "Development Agreement'), made and entered into on the date as indicated herein, by and between the CITY OF EAGLE, a municipal corporation in the State of Idaho ("Eagle"), and THE CHARTER SCHOOL FUND — ORO VALLEY, LLC ("Owner"). WHEREAS, Owner is the owner of record of certain real estate consisting of six (6) parcels, Ada County Parcel numbers S0515223352, S0515223357, S0515223376, S0515223395, S0515223415, and S0515223432 ("Property"), as specifically defined in the attached legal description (Exhibit A), and shown on the Concept Plan (Exhibits B-1 and B-2), which is a portion of the site subject of an application for rezone, identified as Eagle Rezone Application No. RZ-11-15 and which is subject to an application for modification of development agreement, identified as Eagle Rezone Modification Application No. RZ-11- 15 MOD; and WHEREAS, Upon recordation of this Development Agreement, that certain Development Agreement recorded in the real property records of Ada County, Idaho, on April 28, 2016, as instrument number 2016-035523 (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- 11-15) associated with the Property pursuant to Rezone Application No. RZ-11-15 MOD, which modification is implemented within the Original Development Agreement and subsequently implemented within this Development 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 Commercial and zoned MU-DA (Mixed Use with a development agreement [in lieu of a Conditional Use Permit]) and C-2-DA (General Business District with a development agreement); and WHEREAS, Owner has developed a senior housing residential use and desires to develop commercial uses as generally shown on the Concept Plan (Exhibits B-1 and B-2); and WHEREAS, the City Council of Eagle has determined that the scope of any commercial and senior housing residential project upon the Property must be limited to prevent undue damage to, and to otherwise be in harmony with, the existing community; and Page 1 of 11 KAPI—zing Dept\Eagle Applications\RZ&.A\2015\RZ-11-15 MOD East End Mkt Place\DA\Ewt End Market Place DA CC FNL VER.docx WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of the development upon neighboring properties and the existing community and ensure the Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, Owner have agreed to the use restrictions and other limitations set forth herein upon the use and development of the Property and has consented to a C-2-DA (General Business District with a development agreement) and MU-DA (Mixed Use with a development agreement [in lieu of a Conditional Use Permit]) 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, the City Council has determined that, in accordance with Eagle City Code Section 8- 2-1, the Original Development Agreement, as amended and restated by this Development Agreement, are to be used in lieu of the conditional use process; and WHEREAS, Owner have provided Eagle with affidavits agreeing to submit the Property to a development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by reference; and 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 Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to C-2-DA and MU-DA, subject to the provisions of the Original Development Agreement, and as specifically set forth previously in Ordinance No. 752 which became effective after its passage, approval, and publication on April 18, 2016. ARTICLE III CONDITIONS OF DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use pennits, 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. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and Page 2 of 11 KAPlanning Dept\Eagle Applications\RZ&.A\201 SRZ-11-15 MOD East End Mkt Placc\DATast End Market Place DA CC FNL VERAc,cx platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Agreement. Specific design elements shall be clarified during the platting and design review application processes. 3.2 The Concept Plan (Exhibits B-1 and B-2) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be required by the City. However, the residential portion of this development proposal located within the MU-DA (Mixed Use with a development agreement) zoning district is recognized by Eagle and Owner as a desired component to a mixed use development. A residential component of similar size and area to that depicted on the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.3 The total number of residential units on the Property (within area zoned MU-DA) shall not exceed 48-units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.4 The Setbacks for the Multi -Family units shall be as follows: North Property Line (East State Street): 2-feet South Property Line 10-feet East Property Line (East McGrath Road) 10-feet West Property Line (Commercial Area) 10-feet 3.5 Owner shall provide landscaping located between East State Street and the multi -family building commensurate with planting requirements pursuant to Eagle City Code Section 8-2A-7(.l)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application or prior to the issuance of any building permits, whichever occurs first. 3.6 The proposed building height of the multi -family structure shall not exceed 40-feet in height as shown on the submitted building elevation (Exhibits D). 3.7 The multi -family building shall be constructed utilizing a "Craftsman" style of architecture similar, but not limited to, the architecture shown on Exhibits D. The commercial/retail buildings shall be constructed utilizing "Italianate, Craftsman, and/or Mediterranean," style architecture and as shown on Exhibits E. The multi -family building and commercial buildings shall be designed in conformance with the Eagle Architecture and Site Design Book utilizing four-sided architecture. Eagle Design Review Board and City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings. 3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of retail, restaurant, office, and bank uses allowed within Eagle City Code Section 8-2- 3 "Official Schedule of District Regulations" under the C-2 zoning designation. The commercial area shall be limited to a maximum of 80,000-square feet of enclosed area (i.e., enclosed with walls and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed area (i.e., enclosed with walls and roof). 3.9 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 General Business District and 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 Page 3 of 11 KAPlanning Dept\Eagle App1ications\RZ&A\2015\RZ-11-15 MOD East End Mkt Place\DA\East End Market Place DA CC FNL VER.docx application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the 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-2 zoning designation shall require a conditional use permit. The following uses which are shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Multi -Family Dwelling In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Adult Business; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; • Small Engine Repair; • Storage (enclosed building) • Storage (fenced area) 3.10 The Restaurants (with drive -through) shall be limited to Pads 1, 3, and 5. Owner shall provide a minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall) between the restaurant 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). 3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the issuance of a building permit. Prior to issuance of any building permits, Owner shall provide proof of central sewer service with any application for building permit. 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. 3.12 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.13 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the multi -family residential units located adjacent to East State Street 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as benches, picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application, or prior to the issuance of a building permit, whichever occurs first. 3.14 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal Page 4 of 11 KAPlanning Dept\Eagle Applications\RZ&A\2015\RZ-11-15 MOD East End Mkt Place\DA\East End Market Place DA CC FNL VER.docx plan and replacement plan. 3.15 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. 3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific location and design of the sidewalk shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. 3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of State Highway 44), or alternative method, within a 30-foot wide easement located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees are substituted. The total number of trees shall be twenty-five (25) and the total number of shrubs shall be four hundred and seventy-five (475) as depicted in the plan provided on December 15, 2015 (Exhibits F). The landscape plan shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate for construction of any commercial buildings located within the parcels adjacent to State Highway 44. 3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule of Parking Requirements; except that, the senior housing shall be permitted 1.5-space/dwelling unit inclusive of one (1) space covered/dwelling unit. 3.19 Loading facilities or docks shall not be located on the south side of structures, where visible from State Highway 44; however, deliveries may be received on the south side of the building. 3.20 Owner shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. Eagle acknowledges the applicant is applying for an access point. to South Edgewood Lane and, if the applicable transportation agency with jurisdiction approves the access point, the City acknowledges the access point as approved can be incorporated into the design of the project. 3.21 Residential units shall comply with the U.S. Housing and Urban Development Senior Housing requirements for "55 year or older" housing. The multi -family development shall be for senior housing only. 3.22 In addition to the landscaping required pursuant to Condition of Development 3.17 (above), the landscaping plan shall show enhanced landscaping located between the parking areas and State Highway 44 (at a minimum as shown on Exhibits F). The landscaping plan shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate for construction of any commercial buildings located within the parcels adjacent to State Highway 44. 3.23 Owner shall work with ACHD to stripe/improve McGrath Road prior to the issuance of a zoning certificate. Page 5 of 11 K TIanning Dept\Eagle App1ications\RZ&A\2015\RZ-11-15 MOD East End Mkt Place\DA\East End Market Place DA CC FNL VERA— 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 C) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV 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 V 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. ARTICLE VI 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. Page 6 of 11 KAPlanning Dept\Eagle App1ications\RZ&AL015\RZ-11.15 MOD East End Mkt Place\DA\Fast End Market Place DA CC FNL VER.docx 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: The Charter School Fund — Oro Valley, LLC Attn: Caleb Roope 430 East State Street, Suite 100 Eagle, Idaho 83616 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, 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 Page 7 of 11 KAPlanning Dept\Eagle App1ications\RZ&AL0I5\RZ-11-15 MOD East End ML Place\DA\East End Market Place DA CC FNL VERAd x 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 Proj ect; 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 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 15-years after the Effective Date. Page 8 of 11 KAPlanning Dept\Eagle Applications\RZ&A\2015\RZ-11-15 MOD East End Mkt Placc\DA\East End Market Place DA CC FNL VER.docx OR COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this a day of, 2024. CITY OF EAGLE, a municipal cc and existing under the laws of the A TEST: <t, : o P •: O 4 Tracy E. m, City Clerk v ; o� ��w �j O. STATE OF IDAHO) ''•.........S.... ... : ss. County of Ada ) 7 organized Idaho On this I —+ day of v Vkm b t4 , in the year 2024, 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 and d o icial seal the day and year first written. ••••'•l CSE'j ' •t .•' ``,4,000. .•. 6C'f1 V•. �0� t1oTARY��=; Notary lic ,, Residing at: Fa�1� ��G' Y 1 O ' My Commission Expires: 2 (P Gj PUBLIC" t � J>,•.; �. No. for '••.TE OF ��.•• Page 9 of 11 KAPlanning Dept\Eagle App1ications\RZ&A\2015\RZ-11-15 MOD East End Mkt Place\DA\East End Market Place DA CC FNL VER.docx COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 14-10day of AvGuSK , 2024. OWNER: THE CHARTER SCHOOL FUND — ORO VALLEY, LLC By: TPC COMMERCIAL, LLC ITS M By: AN ER Cale oope, its Manager STATE OF IDAHO ) : ss. County of Ada ) N On this lTday of WGIJS- , 2024, before the undersigned notary public in and for the said state, personally appeared CALEB ROOPE, known or identified to me to be the Manager of TPC COMMERCIAL, LLC, an Idaho limited liability company, the Manager of THE CHARTER SCHOOL FUND — ORO VALLEY, LLC, an Arizona limited liability company, 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 t ay and year first above written. VAN Notary Public for Idaho PETER VAN DORNE ry COMMISSION #32357 Residing at: 5cc yA NOTARY PUBLIC My Commission Expires: Q D STATE OF IDAHO MY COMMISSION EXPIRES 08/01/2029 Page 10 of 11 KAPlanning Dept\Eagle ApplicationslRZ&A\2015\RZ-11-15 MOD East End Mkt Place\DA\Eact End Market Place DA CC FNL VER.dccx INDEX OF EXHIBITS A - Legal Description B-IB-2 - Concept Plan C - Affidavit of Owner D - Senior Housing Elevation E - Commercial/Retail Building Elevations F - Buffer Area Plan Page 11 of 11 KAPlanning DeptlEagle Applieations\RZ&ALOISRZA 1-15 MOD East End Mkt P1ace\DA\East End Market Place DA CC FNL VER.docx EXHIBIT A COMPASS BLAND SURVEYING P.L.L.c. 3818 E. Newby St, Suite 103 Telephone: (208) 442-0115 Nampa, Idaho 83687 Fax: (208) 327-2106 Email: F;rV_ s a; ai;. �r:, :- — - Client: Rennison Engineering Date: November 25, 2015 Job No.: 6514 EAST END MARKETPLACE DESCRIPTION A parcel of land located in the NW1/4 of Section 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described as follows: Commencing at a found brass cap stamped "JUB ENGS" marking the NW corner of said NW1/4, (Section corner common to sections 9, 10, 15 and 16), said corner bears N. 00°27'04" E., 1322.71 feet from a found 2 inch diameter illegible aluminum cap marking the North 1/16 corner common to sections 15 and 16; Thence along the westerly boundary of said NW1/4, S. 00°27'04" W., 958.07 feet to a point; Thence leaving said westerly boundary, S. 89`32'56" E., 157.60 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the right of way intersection of E. State Street and E. McGrath Road, said point being the POINT OF BEGINNING; Thence along a line that lies 80.00 feet south of and parallel with the northerly right of way of E. State Street, N. 81'19'21" E., 164.97 feet to the beginning of non -tangent curve right having a radius of 260.00 feet; Thence 19.94 feet along the arc of said curve, through a central angle of 04°23'38", the long chord of which bears N. 85°16'43" E., 19.93 feet to a found aluminum cap monument stamped "ITD Right of Way", said point marking the right of way intersection of E. State Street and E. McGrath Road; Thence continuing along said southerly right of way, S. 86°43'51" E., 66.72 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the beginning of non -tangent curve left having a radius of 34,437.48 feet; Thence 785.35 feet along the arc of said curve, through a central angle of 01°18'24", the long chord of which bears S. 57°48'01" E., 785.33 feet to a found 5/8 inch diameter iron pin with cap stamped "ELS PLS 879Y.- Thence leaving said southerly right of way, S. 31 °30'03" W., 199.72 feet to a found 5/8 inch diameter iron pin with cap stamped "PAT LS 4347" marking the northerly right of way of said E. McGrath Road per Record of Survey No. 7465 and that certain Instrument No. 105035161 both on file in the Office of the Ada County Recorder, - Thence along said northerly right of way, N. 52`03'09" W., 57.36 feet to a point; Thence leaving said northerly right of way, S. 31 °30'03" W., 52.43 feet to a point on the southerly right of way of said E. McGrath Road; Thence along the southerly right of way of said E. McGrath Road, S. 52°01114" E., 150.39 feet to a found 1/2" diameter iron pin with no cap; Thence leaving said southerly right of way, S. 67`22'41" W., 150.43 feet to a found 112" diameter iron pin with no cap; Thence S. 00*17'05" W., 52.94 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the northerly right of way of said State Highway 44; Thence along said northerly right of way, N. 71'37'17" E., 837.19 feet to a found aluminum cap monument stamped "ITD Right of Way"; COMPAss LAND SURNTVING, PLLC 6514 Last End Rlarkelplaec'SurveylDescriptions,East End Marketphcc.doc Page 2 or2 Thence continuing along said northerly right of way, N. 33°01'07" W., 64.12 feet to a point on the right of way intersection of S. Edgewood Lane and State Highway 44. and is witnessed N. 18°24'21" E., 3.00 feet with a found aluminum cap monument stamped "ITD Right of Way", - Thence along the easterly right of way of said S, Edgewood Way, N. 18°24'21' E., 96.04 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the beginning of a tangent curve left having a radius of 870.00 feet; Thence 368.41 feet along the arc of said curve, through a central angle of 24-15'45", the long chord of which bears N. 06°16'28" E., 365.66 feet to a point marking the right of way intersection of said S, Edgewood Lane and E. State Street, said point witness S. 05°45'29" E., 3.00 feet with a found aluminum cap monument stamped "ITD Right of Way"; Thence along the southerly boundary of said E. State Street, N. 8119'21" E., 43.09 feet to the POINT OF BEGINNING. Said parcel contains 11.44 acres more or less. 4rF OF`�cP.a isEAC, EXHIBIT B-1 East End Marketplace I Conceptual Site Plan EAGLE. IDAHO To Downtown Eagle Business District 10 �a Existing Signalized Intersection a STATE HIGHWAY 44 / EAGLE BYPASS ® taOrO�SO 100 ^j SCALE IN FEET ME is RECEIVED & FILED CITY OF EAGLE JUL 16 2024 File: Route to: EAGLE *IDAHO VICINITY MAP FM cGRgTy Rp 0M,TH PACIFIC COMPANIES RECEIVED & FILED CITY OF EAGLE JUL 16 2024 East End Marketplace Conceptual Site Plan Fib EXHIBIT B-2 P I P Route to: EAGLE, IDAHO COMMERCIAL DEVELOPMENT DATA VICNITY MAP GROSS LAND AREA: 12.85ACRES PARKING PARKING PARKING CURRENTWNNG: BE BLDG LC. IT ANTICIPATED USE BUILDING AREA APPROX. LOT SE RATIO *REQUIRED *PROVIDED PROPOSEDZONING: C-243A 1- RESTAURANT'Ni DRIVE-THRU 4.850 S57 S.F.(2275 w) 1200 S.F. 24.25 97 -REipll 72.. ,7S.F.(0.867 x.) 1200SY. 2000 26 3a- RESTAURANT WI DRIVE-THRU 3'2"S.F. 63'679 S.F.(1.462 w.) 1200S.F. 16.45 67 3tr-RETAIL 2,813 S.F. N200 SF. 14.07 x , _ 30.51 `.. .,"�"••"" r. / N-RETAL -_ 1,8675.F. ffi,2/33.F. (0.871 a01 1200 S.F. 9.34 28 46-RETAIL 4.000 S.F. 1200 S.F. 20.00 53• RESTAURANTW/DRNE-THRU 1,399 S.F. 25.219 BY.(D.579 x) 1200S.F. 7.00 26 \ *• Be RETAIL 2,198SY. 1200S.F. Ski _ 47.32 54 6a-fic-RETAIL 6.375 SF. 4).351 SY.(0.927 a<.1 1200 S.F. 31.88 47 71-6R1LT4TENANT COMMERCIAL 29.6245.F. 111,0595.F. (255D c) 120D S.F. 148.12 717 \ •`E /J-/ w E STI1�~- (FKAdR Loh 5 A 6) 19000 100 \ m 3r TOTAL SITE PARKING: 30208 424 MULTI -FAMILY DEVELOPMENT DATA (') ` • • GROSS LAND AREA. 270ACRES PROPOSED RESIDENTIAL UNITS'. 48 SENIOR APARTMENTS UNITS • t m ` \ ` �� �e,4` '1. \\\ �� m y_"_2_�, GROSSDENSITY. 17.8 L7NTSIACRE �' Let F ] -- m 1 ��' CURRENT ZONING: BP Q \ \ 4 m 4� PROPOSED ZONING: MU.DA r Ja •' PROPOSED PARKING RATIO: 1.5 STALL"IT (OP \••' A / 3 �`;� ! '' r.'� PARKING REOUPED(I5a481. 72 STALLS PARKING PROVIDED: 73 STALLS Q •®/� I: t __ / SETBACKS PRO POSED G) : V 1 •) I E. WcGRATH ROAD. 10 FEET ``.. _ _ 9 PMWC - 2FEET GARAGE M. E COMMERCIAL dr f.1 COMMERCUL SIDE 70 FEET TO L 0.LalB� BUILDING HEIGHT PROPOSED: 41 FEET c 0) 1 m - �_ I OPEN SPACE REQUIRED: 17,&lsgd (15X) Q 1 1 , • 4 _.. f _. • _.—_ OPEN SPACE PROVIDED. 21 �06 ml. (1 .1%) 'TABLE AS PROVIDED IN ORIGINAL 2016 E 1 ` Ri9ht'40 On1Y lM8 NOW ON yM �� MULTIFAMILY SITE WAS DEVELOPED IN 2017. . 1EAi°tin9 - _ _ _� MD m Leta I I LL1 I IP• ��F H.Ro PROJECT CONTACTS ' v ® Parts A I ... © . \ OWNER CIVIL ENGINEER IT N • �� _ (- - TPC COMMERCIAL. LLC REILMSON DESIGN • j+•\�- - - -� •• CONTACT.OHN RENNISON CONTACT: BRYAN APPLEBY, PE • .% 430 E STATE STREET, STE 100 2025 E RIVERSIDE DRIVE SUITE 200 EAGLE, DAHO 83616 EAGLE, IDAHO 83618 •(C� Y � r _ t ^•- `y (208) 938 2440 (209) 484 37A7 tt_ IIe-, Orya.@rennxoncmpavee can 11111 K �.Y�•_3'3fJ'^=.yi<••V'`�.d`f���..'�*f. _ � .- t �.•t - . � i t EKiat ng Right -In Only Lane t FIR- - - - - - - - STATE HIGHWAY 44 / EAGLE BYPASS- - - - - - - - - - - 610001181 ' ® 50 0 50 100 SCALE IN FEET r nT IHIFAIaF ]„vM]A]AFY FIE IY4E: R]01101 MIIOD CdIFE 5 21Na1,5GVG MAP EXHIBIT "C" Affidavit of CALEB ROOPEon behalf of TPC Commercial, LLC, Manager of The Charter School Fund - Oro Valley, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) SS. County of Ada ) CALEB ROOPE, who being first duly sworn under oath, deposes and says: 1. I am CALEB ROOPE, the Manager of TPC Commercial, LLC, an Idaho limited liability company, the Manager of The Charter School Fund —Oro Valley, LLC, an Idaho limited liability company, whose mailing address is 430 East State Street, Suite 100, Eagle, ID, 83616 ("The Charter School Fund —Oro Valley,LLC"). 2. The Charter School Fund —Oro Valley, LLC, is the fee simple owner of the parcel of real properly described on Exhibit A, attached hereto (the "Property"). The Charter School Fund - Oro Valley, LLC, authorizes the submission of the Property to that certain Development Agreement pursuant to Idaho Code Section 67-6511 A and Eagle City Code Section 8-10-1 dated, the day of , 2024 by and between the City of Eagle, a municipal corporation in the State of Idaho, and The Charter School Fund - Oro Valley, LLC (the "Agreement'). DATED this 1/4 -pk day of Al GU`sr , 2024 SUBSCRIBED AND SWORN to before me this PETER VAN DORNE COMMISSION #32357 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 08/01/2029 Owner: The Charter School Fund - Oro Valley, LLC, an Idaho limited liability company By: TPC ConuWcial, LLC, its Manager By: �A[/ %..- Caleb Roope, its Manager 1 uT day of quG 5-T , 2024 Notary Public for Idaho Residing at o I - , Idaho My Commission expires Page 1 of 1 EXHIBI I- T" SCHEMATIC SENIOR CENTER - PARTIAL SW ELEVATION & MAIN ENTRY SCHEMATIC SENIOR CENTER - SOUTH ELEVATION SCHEMATIC SENIOR CENTER - EAST ELEVATION rltutivtU & FILED CIT, . 7F EAGLE NOV U42015 MATERIAL , I ESES. 2*0 - A7.1 i m IN MrIWA miIN rl�oil a L Mai EXHIBIT",, - kul II N D G R E N: L A 0 P I W,4 JWPL� 14 ;!'��:�I � NIP'.i , , �� .',,,fir, EXtlljL,. i"'E" pui LINDGREN LAfiRI I N 3 Cap 7lk 9 I-M i I - - " m, .. EXHIBIT E v I IB4 I X f IiFN i � PjA If,"S I RECEIVED & FILED CITY OF EAGLE 3UL 16 2024 File: Route to:_ Chick fil A 520013.fr,tigi., Road Atlanta, CORE STATES Qs M z LL 8 0 0 LU cn 0 Ui U. 0 LIJ Ui ZLU 'tj FSR#05503 A-3 S y IE►I �_ _ 3 s�Hill i 111�� 11 11 ■�■ 0 Sa` ,::� .. is OEMme ' I III {iiiiiiiiiiiiiiiiiiiijIll RECEIVED & FILED CITY OF EAGLE JUL 16 2024 Route to' "EXHIBIT E" RECEIVED & FILED CITY OF EAGLE JUL 16 2024 File: Route to: "EXHIBIT E" RECEIVED 6 FILED CITY OF EAGLE JUL 16 2024 Routs to: "EXHIBIT P I Y� ��� ►� w ••yyam��.) �4�+ f Mi�a` 11��. PWW , Fit . k 1.4 fr JG' i�- `y�•r bipw Y'!Y, • -. •. tJ•! r f, .�}. �i I7.F4^�..... �� F - ,�y . A'7 of ir. :• Q�!or .tip �r.. ♦��� �" ; ��/- ti� •�� •r1 �:s• � •�� ���.. �'r: � ..r` r rV (� au■ MINoil A IN a!1 . oil I, �) A-1 - 41M.= ------ J..._..�_ 41 r. ,1 mom i � C M� D E F G _..-._ �. J V l U !1 O P RECEIVED 8 FILED EXHIBIT F-1 , CITY OF EAGLE JUL 16 2024 File: Rout. to, z URIK 'r;•:'�L+I`' t.. t t� 'ri 1.++��;�y 7�aa,, a *� �P rt•. t .at th�.r "�'�j'S�-i i 4 ^ .r- ��M'S _ !� Sj i.1 '.+T`��?*.S V wr'.!�i. 4, J \;���� •��ti I4fM\�>V dJv� yh.•y4!`•131i+f' �� S hl'r, t `r I ...'"T"."..'F' 1 K � . ', y �_!'e•_�.— __ .• . r •Yf'�! i•r/,,rbJ , .+t w - li vY•. y w'•f i�i'ti1'" a`1M'•!..I Yk '' ---------- __ _ III'LMK16TIfr 4L PLANT SCHEDULE '• �^�� ���) CONCEPTUAL LANDSCAPE APPROVED PROPOSED 1016 ._.,. ..... BUFFER STATE HIGHWAY 44 2024, G � eryceW ere 3a'rg, n 4ea5 II nR Far pr.yHrt. Crwtw: e.e »' 1, xa' wib CL4aS II kNb 1' . •O u'IiAuu Tp—' •' q, ere »' r�L R' wIC• CPIIER HIGHWAY CALCULATIONS LANSCAPE NOTES '� e �e�":,'f w�.," • q�. n.e x ^e'. a rvr I-IIGI-IWAY 44 - 88'1.3 LINEAL FEET PROPOSED .Ilp�.w,.wlwllm.fw.,ew�w„w� .,�.�.r�. w,>w.�.,,.w.R ..�..n!a..,w..•If�. w%pWlbw.d d �::Ch� Y:".:l.eb..'we�::,w,.b.��.e.u...�a,•e AP 2016 ....,.M..e� 4.1 ,.., w wnr Lrn,:.Ye e.rvl. rbr,e. a,e•n µPW rw Naprov., lemxrrwr r�p.^rell.«ww �.., © O. w' cLex! =m+.e c•"-"'9 "d ,•y� w Bb•'B p.rN 2024 ..g�ron .ybY u,.y a y,„ a"..Y'R )• e.e r' �. ya' .la cL46a i SHADE TREES 18 TOTAL REQUIRED rn�.. w`e°"eup.e,l wv, a eyw , °Ro vpwwW� 18 TOTAL REQUIRED � ee',`.,, se.,e v � O "_•n.a ^"""',�9"""'�"""w' e.e xs'np,. e'•�e. M'•PR6F o5EE, ,n. o�.r�re !«nry'� �.a.'�.y��r'eWr w«w 18 PROP05ED �.g .v r'w"r:�.W v.^<hs b�-.. w', a s w•,. �w.e�� "e pw, ' .,,n..... aW...n �... pw ce aw9.. a,..y n4es, (55HADE, .`<o .eem "... wl, .... ••w,mn"w.,lpbe ... nwuw.We... r.wr9�' +'e'n e'....e r... er u.ti "w"w,,,,."I ".6. u., r m u.re�� u n xr )G.� : n• G,T,.. .�w. OONIFER TREE@. -21 TOTAL REQUIRED 13 ORNAMENTAL? 21 TOTAL REQUIRED "i°l"wnen1p"~ "il�n'`"`. wu w,..e I�.:w:j,�w�':,w.�n,"re.r r '.•.,.pe., e.l�""1pAO^' ,e ••. m.e..e� h,..n .. s'.e. revw,!,e. ww.,w.,,rw. a.a..! Q Q e.,o.�.w. u.w' e.' xw!. a'.p, r W� N-I�1"aBPB6E� 21 PROP05ED w'.•e,.p �re ub4..�,'ii��« m,r.,ny.�..n..�.f": - --,.e. e �� My [. p uwr e,l r..w.'YaY °- u,��. ) wL )''n� • y .le. �._�. er � n vn.. er vr_ ..pp„w. cw,.r4.e ,r �:.q�..,•e.a Pam..,"�:�w.�IrWd ��: rKK •�•• �., 3.e._. e•b..y r».vew nl,. d. 5H ?13 REQUIRED(?4i1. '? _Rl@.`ti - 00 .13 REQUIRED (?4(I©f'� e: ei wars w wn w .,w.l .up... .,«,.. a.,K. «walw� w w�wv „r.. 650 PROPOSED il."4n I•'.y,e�c. wig �gn b„�n ••w..,K w.ee..Ww .y.�w:n ..,,mow �,.w.e, •,,e d^ +! wp.y 'Gwbo.r aa.l '• "a` �• •w• .'rg,..'.w. " pcpw��aw rw�•aHr•tl ww- hlgtlm y� W II b. u�g, bW x ey . aryw II,M hly.tle� .ctw. n aM w� I�b .��.g. � rd wrnw .M v.• buagv .d •dA•i n• W cw.•,'m. � � Warr Gkt. e1r Cq�u J�+• w � wry .4ew.' ! W I. 1b a .M. Ipi Gw Q © ) -1 GENERAL LANDSCAPE NOTES• 1 r10 TRele 6u4L nE RYITLD YXTwN 1!E IO.00T CLP4R ZPE Q N.L 4WD O GIKI.'D_GQSFI�'SrRP••Ear •eRErjl!AL° U Drfr wwf vcw a °"wO^ 'GN. Y OG. y'rga. x .W. aTORIT DWaN FnR Drf0.Cr11ffe. OR E4GLIT— O O r!r..dwf R•,g,.. n• re• x 6EeF'_- eEne nroT e[ ervrec*m RacT•! 4Hy' 4nit) 4LL LLM4MN4TKN 'rDllvMG T.E COu6Tg1DTILN aWD RMT4LL4riGN 6 TE L4109D4r4 —TK)w O O .r �'Mowbw Tvi•..e I 'I,RI" ; yao' &•W 0. de D e•.g,,. Y.W. 3. 4LL TRECn TD a LOC4T®4 MMMI'1 p a rLET OR GQ'411R'RT1 T1! O4CK Cp AM' 61DEWALK. J " O Q LavwM4 wg.•,IreW 9xy D..y' diµ-"ly c.•j bgl W. L.v.ei bp.c✓oIM 1ttW Gny' Gµ . %• oG rM .>•`OL R',n,.. "'.NW )!y�,.. y'.�y RENNISONENGINEERING PO a.. 1001 EahP. o 13616 Hli-M-3410 64, Ida c o w Z�6 ry wr r i al.. y oG o• ngL . w .m. L1.0 •~i�.• N `� .-1�.. + - _.. .. '•'�. •, ���1 RAF (��" `_ �:.i .. �• ;! ^.4� f I• � _ � � .j " ::' ; 4 t, - -.i',r -. a +- .�y.�..- r .. • - r +� ♦ . sue: "� , ♦t y•�.. ,' `'itil. q> _ - .. jd rr Y'b'r. w'+r� - R"'��- �� ��:. !i.--+..�. � 1 rwG��a��'�r - _ • l a •. _ 1�� � - � r _ ..•^; _ +dye � r '` �y;� Exhibit F2 :C.►� Yam+.. __ - Magi, Sl P� I!q!qx3 ,q- LL x w 2 `CANNE ADA COUNTY RECORDER Christopher D. Rich 2016-035523 BOISE IDAHO Pgs=23 BONNIE 04/28/2016 08:34 AM EAGLE CITY NO FEE Recording Requested By and 11111111111111111111111111111111111111111111111111111 When Recorded Return to: 00218907201600365230230232 City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 DEVELOPMENT AGREEMENT For Recording Purposes Do Not Write Above This Line This Development Agreement, made and entered into on the date as indicated herein, by and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and The Charter School Fund — Oro Valley, LLC. ("Owner"). WHEREAS, the Owner is the owner of record of certain real estate located on the east side of South Edgewood Lane between State Highway 44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-11- 15; and WHEREAS, the proposed development includes properties within an area currently zoned BP (Business Park); and WHEREAS, the Owner desires a C-2-DA and MU-DA zoning classifications to develop a commercial use and senior housing 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 commercial and senior housing residential project upon the Property must be limited with the use of a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing community; and WHEREAS, the intent of this 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 C-2-DA and MU-DA zoning designations for the Property with the requirements set forth in this Development Agreement; and Page 1 of 9 KAPlanning Dept\Eagle Applicatio s\RZ&A\2015\RZ-I 1-15 & CPA-05-15 East End Marketplace da cc fnl ver.doc ls� �.w WHEREAS, the Owner has provided Eagle with an affidavit agreeing to submit the Property to a Development Agreement (Exhibit C) 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; and WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the mutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code Section 67-6511A and Eagle City Code, Title 8, Chapter 10. ARTICLE II ZONING ORDINANCE AMENDMENT Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the subject of the application to C-2-DA (General Business with a development agreement) and MU-DA (Mixed Use with a development agreement), 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 OF DEVELOPMENT 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Conceptual Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be required by the City. However, the residential portion of this development proposal located within the MU-DA (Mixed Use with a development agreement) zoning district is recognized by Eagle and Owner as a desired component to a mixed use development. A residential component of similar size and area to that depicted on the Concept Plan with the provisions and allowances contained herein, shall be maintained. Page 2 of 9 K:\Planning Dept\Eagle App1ications\RZ&A\2015\RZ-1 1-15 & CPA-05-15 East End Marketplace da cc fnl ve .doc 3.3 The total number of residential units on the Property (within area zoned MU-DA) shall not exceed 48-units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.4 The Setbacks for the Multi -Family units shall be as follows: North Property Line (East State Street): 2-feet South Property Line 10-feet East Property Line (East McGrath Road) 10-feet West Property Line (Commercial Area) 10-feet 3.5 Owner shall provide landscaping located between East State Street and the multi -family building commensurate with planting requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(a). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application or prior to the issuance of any building permits, whichever occurs first. 3.6 The proposed building height of the multi -family structure shall not exceed 40-feet in height as shown on the submitted building elevation (Exhibit D). 3.7 The multi -family building shall be constructed utilizing a "Craftsman' style of architecture similar, but not limited to, the architecture shown on Exhibit D. The commercial/retail buildings shall be constructed utilizing a style architecture as shown on Exhibit E. The multi -family building and commercial buildings shall be designed utilizing four-sided architecture. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for the multi -family building and commercial/retail buildings. 3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of retail, restaurant, and bank uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-2 zoning designation. The commercial area shall be limited to a maximum of 80,000-square feet of enclosed area (i.e., enclosed with walls and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed area (i.e., enclosed with walls and roof). 3.9 Except for the limitations and allowances expressly set forth above and the other tenns of this Agreement, the Property can be developed and used consistent with the General Business District and Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the 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-2 zoning designation shall require a conditional use permit. The following uses which are shown as "C" conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Multi -Family Dwelling In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: Page 3 of 9 KAPlanning Depffagle App1icationslRZ&A\2015\>ZZ-11-15 & CPA-05-15 East End Marketplace da cc Cnl ver.doc ■ Adult Business; ■ Equipment Rental and Sales Yard; ■ Kennel; ■ Nursery, plant materials; ■ Small Engine Repair; ■ Storage (enclosed building) ■ Storage (fenced area) 3.10 The Restaurants (with drive through) shall be limited to Pads B, C, K, and N. Owner shall provide a minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall) between the restaurant 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). 3.11 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the issuance of a building permit. Prior to issuance of any building permits, Owner shall provide proof of central sewer service with any application for building permit. 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. 3.12 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.13 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the multi -family residential units located adjacent to East State Street 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as benches, picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application, or prior to the issuance of a building permit, whichever occurs first. 3.14 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to City approval of a tree removal plan and replacement plan. 3.15 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. 3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific location and design of the sidewalk shall be approved by the City of Eagle Park and Pathway Development Page 4 of 9 KAPlanning Dept\Eagle Applications\RZ&A\2015\RZ-I 1.15 & CPA-05-15 East End Marketplace da cc fnl ver.doc Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. 3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of State Highway 44), or alternative method, within a 30-foot wide common lot located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees are substituted. The total number of trees shall be twenty-five (25) and the total number of shrubs shall be four hundred and seventy-five (475) as depicted in the plan provided on December 15, 2015 (Exhibit F 1-4). The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule of Parking Requirements; except that, the senior housing shall be permitted 1.5-space/dwelling unit inclusive of one (1) space covered/dwelling unit. 3.19 Loading facilities shall be located on the northern side of structures to not be visible from State Highway 44. 3.20 Owner shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. Eagle acknowledges the applicant is applying for an access point to South Edgewood Lane and, if the applicable transportation agency with jurisdiction approves the access point, the City acknowledges the access point as approved can be incorporated into the design of the project. 3.21 Residential units shall comply with the U.S. Housing and Urban Development Senior Housing requirements for "55 year or older" housing. The multi -family development shall be for senior housing only. ARTICLE IV AFFIDAVIT OF PROPERTY OWNERS An affidavit of the owner(s) of the Property is attached hereto and incorporated by reference herein agrees to subject the Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE V DEFAULT 5.1 In the event the Owner fails to comply with the commitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreement or to terminate the Development Agreement following the process established in Eagle City Code Section 8-10-1. Page 5 of 9 K:\Planning Dept\Eagle App1ications\RZ&A\2015\RZI I-15 & CPA-05-15 East End Marketplace da ce fnl m.doc 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. ARTICLE VII ASSIGNMENT AND TRANSFER After its execution, the Development Agreement shall be recorded in the office of the County Recorder at the expense of the Owner. Each commitment and restriction on the development shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, administrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged from any and all obligations in connection with the property sold arising under this Agreement. The new owner of the Property or any portion thereof (including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or otherwise) shall be bound by and liable for all commitments and other obligations arising under this Agreement with respect to the Property or portion thereof. ARTICLE VIII GENERAL MATTERS 8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Development Agreement. As used in this Development Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates. Page 6 of 9 KAPlanning Dept\Eagle Applications\RZ&A\2015\RZ 11-15 & CPA-05-15 East End Marketplace da cc fnl ver.doc 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 Owner: The Charter School Fund — Oro Valley, LLC Attn: Caleb Roope 430 East State Street, Suite 100 Eagle, Idaho 83616 Or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24) hours after timely deposit with a reputable overnight delivery service. 8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owner agrees to provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the Owner an estimate for the anticipated attorney fees and engineering fees associated with this Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter, Eagle shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make payments for such fees as incurred by Eagle and as invoiced to the Owner or, if Owner has made a cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance deposited by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of such failure from Eagle, Eagle may draw upon the financial assurance provided by the Owner. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of credit),the Owner shall replenish the financial assurance and shall become current as to all outstanding fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the Owner the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon the financial assurance under this Section shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in Section 8.7. Page 7 of 9 K1Planning Dept\Eagle App1ications\RZ&A\2015\RZ-1 1-15 & CPA-05-15 East End Marketplace da cc fnl ver.doc 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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this agreement by both parties. 8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties, and the performance of their covenants and obligations therein, the parties acknowledge such action has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement and so bind their respective parties. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this 30 day of Nla( h , 2016. ��a``"���"'•••.,� CITY OF EAGLE, a municipal corporation organized ,,',.•G`,``� of Soso ,C .,,,, and e g under the la f the tate of Idaho p���Rgj � By: * +•+ * Stan Ridgeway, Mayor SEAL • • ATTEST: % tJ�� ►xtrr>Rnn»�i� 1'�• Sharon'C. Bergmann, Page 8 of 9 KAPlanning Dept\Eagle App1ications\RZ&A\2015\RZ-11-15 & CPA-05-15 East End Marketplace da cc fnl ver.doc Owner: The Charter School Fund — Oro Valley, LLC By: TPC Commercial, LLC, its Manager By: Caleb Roope, its Manager STATE OF IDAHO ) ss. County of Ada ) On this ISM day of t--A*—C't , 2016, before the undersigned notary public in and for the said state, personally appeared CALEB ROOPE, known or identified to me to be the Manager of TPC Commercial, LLC, an Idaho limited liability company, the Manager of The Charter School Fund — Oro Valley, LLC, an Arizona limited liability company, the owners of the property referenced herein, who subscribed said company name to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company, and that such company executed the same in said company name. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. %#A! DO�ryNotary Public for IdSho Zft Residing at::ANV .� My Commission Expires: = a, �O area G 1 ,•,��'••,srgTE OF��! Page 9 of 9 KAPlanning Dept\Eagle App1ications\RZ&A\2015\RZI 1-15 & CPA-05-15 East End Marketplace da cc fnl ver.doc 1_�.- `. EXHIBIT A COMPASS LAND SURVEYING, P.L.L.C. 3818 E. Newby St, Suite 103 Nampa, Idaho 83687 Client: Rennison Engineering Date: November 25, 2015 Job No.: 6514 EAST END MARKETPLACE DESCRIPTION Telephone: (208) 442-0115 Fax: (208) 327-2106 Email: �effwb.; is a, rr�pii.�urr� A parcel of land located in the NW1/4 of Section 15, Township 4 North, Range 1 East, Boise Meridian, City of Eagle, Ada County Idaho, more particularly described as follows: Commencing at a found brass cap stamped "JUB ENGS" marking the NW corner of said NW1/4, (Section corner common to sections 9, 10, 15 and 16), said corner bears N. 00°27'04" E., 1322.71 feet from a found 2 inch diameter illegible aluminum cap marking the North 1/16 corner common to sections 15 and 16; Thence along the westerly boundary of said NW1/4, S. 00°27'04" W., 958.07 feet to a point; Thence leaving said westerly boundary, S. 89°32'56" E., 157.60 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the right of way intersection of E. State Street and E. McGrath Road, said point being the POINT OF BEGINNING; Thence along a line that lies 80.00 feet south of and parallel with the northerly right of way of E. State Street, N. 81 °19'21" E., 164.97 feet to the beginning of non -tangent curve right having a radius of 260.00 feet; Thence 19.94 feet along the arc of said curve, through a central angle of 04°23'38", the long chord of which bears N. 85'16'43" E., 19.93 feet to a found aluminum cap monument stamped "ITD Right of Way", said point marking the right of way intersection of E. State Street and E. McGrath Road; Thence continuing along said southerly right of way, S. 86°43'51" E., 66.72 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the beginning of non -tangent curve left having a radius of 34,437.48 feet; Thence 785.35 feet along the arc of said curve, through a central angle of 01'1824", the long chord of which bears S. 57°48'01" E., 785.33 feet to a found 5/8 inch diameter iron pin with cap stamped "ELS PLS 8793"; Thence leaving said southerly right of way, S. 31 °30'03" W., 199.72 feet to a found 5/8 inch diameter iron pin with cap stamped "PAT LS 4347" marking the northerly right of way of said E. McGrath Road per Record of Survey No. 7465 and that certain Instrument No. 105035161 both on file in the Office of the Ada County Recorder; Thence along said northerly right of way, N. 52°03'09" W., 57.36 feet to a point; Thence leaving said northerly right of way, S. 31 °30'03" W., 52.43 feet to a point on the southerly right of way of said E. McGrath Road; Thence along the southerly right of way of said E. McGrath Road, S. 52°01'14" E., 150.39 feet to a found 1/2" diameter iron pin with no cap; Thence leaving said southerly right of way, S. 67°22'41" W., 150.43 feet to a found 112" diameter iron pin with no cap; Thence S. 00'17'05" W., 52.94 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the northerly right of way of said State Highway 44; Thence along said northerly right of way, N. 71'37'17" E., 837.19 feet to a found aluminum cap monument stamped "ITD Right of Way'; COMPAss LAND SURVEYING, PLLC 6514 Last End Marketplace\,Survey\DescriptionslEast End Marketplace doe Page 2 ni"2 Thence continuing along said northerly right of way, N. 33°01'07" W., 64.12 feet to a point on the right of way intersection of S. Edgewood Lane and State Highway 44, and is witnessed N. 18°24'21" E., 3.00 feet with a found aluminum cap monument stamped "ITD Right of Way"; Thence along the easterly right of way of said S, Edgewood Way, N. 18°24'21" E., 96.04 feet to a found aluminum cap monument stamped "ITD Right of Way" marking the beginning of a tangent curve left having a radius of 870.00 feet; Thence 368.41 feet along the arc of said curve, through a central angle of 24*15'45", the long chord of which bears N. 06'16'28" E., 365.66 feet to a point marking the right of way intersection of said S, Edgewood Lane and E. State Street, said point witness S. 05°45'29" E., 3.00 feet with a found aluminum cap monument stamped "ITD Right of Way"; Thence along the southerly boundary of said E. State Street, N. 81 *19'21" E., 43.09 feet to the POINT OF BEGINNING. Said parcel contains 11.44 acres more or less. 1 7 LL 'f ��r� tD F V%V BEA�'�% EXHIBIT "B" EAST END MARKETPLACE CONCEPTUAL SITE PLAN xolE I—� Axoxel YV" () 2 x — `\ oTE1— �— O C u LL Nc L LL ` . ,/ �_ ``` P ATE STREET DID .o cRFmq�FDfoR PAGSD-x mxsruEs sxwEo vwxxc wasntn Insrrus ULll ,.� \ _ -_�> 4 1 OI-DFOx 6I3)ILS, bxAIED VMRNGPaDNDED.53 STALLS N Px. A.E A a 11 \ e � o E•lTI p • 11 / __ al a ol p (\\� ���� �� ® y ` O . Ill Se 0 ♦ ARTYlxTp 1 '� ��� O P M m a, V �� • I I 7 © ,. �,P W H 61 p O C PAPA '\ )1 .�_•_: ° G, /(Pwa�swwP.sF,• To 4 O ELUL .o.Fx,..E.PP i )s ) 11 glmpmE x�x 1�p ODiDfiER:QAL DEVELOPM@iP DATA WDARE, UXDSGPE IAFA. 12— D.SM mpxtq 1pni..l-1111f cIVARO USF iREgX fO 3� "I" I'll�11 ,.A WIDPW6ngO SF Sr SF x,ANS 1191.1 VLPSF m0 IN sf prgl VAPSF 113 M Pwc-PEsiwaAxr•x10RM-iX1N ]rsF �aistpSn Yl VAPSF 11) 11 1TOm3i ]931)Stpm1Y1 12PSF. awo:. aEruE Pw0]-REruL PADERETAY �rsf. ).ipsF 1,r stlDsrogl lmosf mi 1x 1).n13 F.prgl 120SF. nl 11 15Fx65F prYl 1l60 St 11P PApf-RETx PADG�RESTAURAXL 1rS1 Sr3F Sf IO)NYIsl nn35f p]R.I NxsF. H1 PAD x-RESTwIWIT Sr St 15.Tn3F. M N1 n Zrst ss pns 1 2D t Sa B s WIgtlVE-THRO PFDE RES-RANT mP V5m3i. Sm psxt 1 /6D t ea ? 2 p191 1 Rm i 13 I— 1 )psf. Ili n xr3i r IPr I n3 PAD T YxoRNEMW lrsf SniSF III. .l 13P TIT Ar PAD AA ��1 OF OO PAD e k �/ movostoarADE muBry aaw,nox EAst,ExT — 1 ' i' / n••ron aam. rowm ZO 600 f �\ '. Q o xp•E •. xAYxcJ , ® Aux,. �F. sr�oTws¢im ro"m IAsa�Excx Eruxc � T _ .ftgxIITII � rx � - s) caTACT. cua 1RoreF mxT`"vAn +a Rxx�sOx � • `3 __-_ i o o Y STATE HIGHWAY 44 / STATE STREET 1f— not _._-- .—.._...... _.—_- ._...-.____-_. -. _ ......... . ,. - pu•m eEA 1 � arYar•1.•x •Ylwr•ewla r.w -- r N • w lw �/�'xLL I 1—_-�--- TENNIS CLUB PLAZA SUBDMEICN No <,---� ---�_- 11'aIT IYM�I'•Gla l'.lw �.F�.O EXHIBIT "C" Affidavit of CALEB ROOPE on behalf TPC Commercial, LLC, Manager of The Charter School Fund — Oro Valley, LLC AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss. County of Ada ) CALEB ROOPE, who being first duly sworn under oath, deposes and says: I am CALEB ROOPE, who is the Manager of TPC Commercial, LLC, an Idaho limited liability company, the Manager of The Charter School Fund — Oro Valley, LLC, an Arizona limited liability company, whose mailing address is 430 East State Street, Suite 100, Eagle, ID, 83616 ("The Charter School Fund — Oro Valley, LLC"). 2. The Charter School Fund — Oro Valley, LLC, is the fee simple owner of the parcel of real property described on Exhibit A, attached hereto (the "Property"). 3. The Charter School Fund — Oro Valley, LLC, authorizes the submission of the Property to certain Development Agreement pursuant to the provisions sej forth in daho Code Section 67-6511A and Eagle City Code Section 8-10-1 dated the / day of , 2016 by and between the City of Eagle, a municipal corporation in the State of Idaho, and The Charter School Fund — Oro Valley, LLC (the "Agreement"). DATED this 2 day of 4;t j,,, , 2016. Owner: The Charter School Fund — Oro Valley, LLC By: TPC Commercial, LLC, its Manager By: Caleb Roope, its Manager SUBSCRIBED AND SWORN to before me this S� day ofy��C , 2016. 40, 14 O T ' .Py�., Notary Public for Idaho �.pr cn Residing at 1-�!5dl t Idaho • •�� � My Commission expires Z% A �FIDA��..••• Page 1 of 1 KAPlanning Dept\Eagle Applications\RZ&A\2015\RZ-11-15 & CPA-05-15 East End Marketplace da afFdavit.doc EXHIBIT "D" SCHEMATIC SENIOR CENTER - PARTIAL SW ELEVATION & MAIN ENTRY SCHEMATIC SENIOR CENTER - SOUTH ELEVATION SCHEMATIC SENIOR CENTER - EAST ELEVATION RECEIVED & FILED CITY OF EAGLE NOV 0 4 2015 MATERIAL I C-9-- > ® ae vFwn couaosmox suiune nooFluo Locn --E-NE- PAEs1NSHEo uErn�w.iurm r a T II o W --- --- - - --- _ = ___ ,.,ice/,r•.,. ___ __-.,.ice/a.... -- _-_ EXHIBIT "Ell RECEIVED & FILED CITY OF EAGLE NOV 0 4 2015 File:. Route ► FAA- LINDGREN:LABRI 0 Lu Lu i -j LL W C) > U a: U- Cc W07441i 'am 10 EXHIBIT "Eqq —1 --. I L.. '7,� RECEIVED & FILED CITY OF EAGLE NOV 0 4 205 File: Route to: LINDGREN LABRk EXHIBIT "E" I RECEIVED & FILED I CITY OF EAGLE NOV 0 4 2015 File: .Route to: I LINDGREN.LABRI Map ;� i11 IIYY IIIIfiQ���plell 111111 �il� ■ • rvr.ed - •�tas•."!r"s nnrs �'c>t iQ 1 _ - ��/•�tt�•■=��•�]I�sr_`�i•�-aWi��l��■•IIII�IIIII�1__ PLANT SCHEDULE ■ •• LANDSCAPE CONCEPTUAL j • STATE HIGHWAY 44 ;►! _ CALCULATIONS• 9 10 �]I••�ti.�Y nV � I (.MYb Wa�w� mro�a wn. r�r�e. a•sl rn m] arm p�im•f ] eC M' •pl r• re. 4Aee l �-le.�J Wh tl�p].1eN.aer•n T'A�ua•�•Iroe�lr�wc..v�ia•wul L W� rY+� Y Mw er wW Mv� o.bypu O 'J.�' ��p �a�•~ �ti rw.0� w �.�.�II a.^0•ue" Mrs r.el••W .rr Gw.w ^r .ad b wJ \^P �• aI \.p.eu Y�.mar�4 ey roll le n•en rs aryu�xr rM M- a•O puM �. u dra..�Ml� hI•i�� � ] u' 11pL II re. e'e ¢•M. 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'y'l� we n. m.lg� s.. ey. q..on.e •^8•uew ron..m. er� ' �n a o.. W b.. a' .w acanwl. ni ],� rm �na.vaw W.y t� enl p..a •ry • Ww Q GENERAL LANDSCAPE NOTES, p t rlD tl@l.IUI.LHPLMfImY.TM1M.root Glrya ]'AE Lh .aLL ..LlO DiDR1 pR•N n1•L'. •11.CT.O, ql ruCILRC• � u�Iwro� d..•lo.�a..• ���1F .wdl..f il�.roG ID.\. Y•oG a'IQL. rrm I fry . a. OG G• IgL. W rAa 11 � GRtl M rL1.11.C1Ka1 � TtlN Of M LYOCMS IRDa.TIW D Mwu Oa � c]e D.yiy D• IpL. Y .n. tt RENNISON ENGINEERING soma a .1LL T1!!e TO D! IOC.]tD A MNI']M o t 1Q! Olu OIE.1H! rpa'1 M D•oC p •IIY .mBIYIK � � o ��y oluy�DipM �� � Lxu. •M M�IIw•n]ltlYb�ry' — TM "= I and . ]. OG C• IgL a W .N• a..• OG S IaL a ]' mod. o.•]. DL a• ]p. r om PO Box 1001 bd.. Id.ho M16 P. 3069362410 12 12 CA i d T -T N-W- qq* U- 71, �!i I