Development Agreement - 2021 - Quarry Village - 7/19/2021 ADA COUNTY RECORDER Phil McGrane 2021.108296
BOISE IDAHO Pgs=20 BONNIE OBERBILLIG 07/20/2021 11:10 AM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O.Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho (`City"), by and through its
Mayor,and QUARRY VILLAGE,LLC.("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. S0510449400, ("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-05-20;
WHEREAS, the proposed development includes properties within an area currently zoned BP
(Business Park); and
WHEREAS. the. Owner desires a MU-DA.(Mixed Use with a development agreement (in lieu of
a. conditional use permit]) zoning classification to develop a mixed use development on the above
described property,which is herein referred to as the"Property";and
1,VHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any mixed use development upon the Property must be limited with the use of
a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with.Eagle's Comprehensive Plan and City Code;and
WHEREAS, the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a MU-DA(Mixed Use with a development
agreement [in lieu of conditional permit]) zoning designation for the Property with the requirements set
forth in this Development Agreement;and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 84 0-1(C)(1) and be bound by
same;and
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Recording Requested By and
When Recorded Return to:
City of Eagle
660 E. Civic Lane
P.O. Box 1520
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by and
between the CITY OF EAGLE, a municipal corporation in the State of Idaho("City"), by and through its
Mayor, and QUARRY VILLAGE,LLC. ("Owner").
RECITALS
WHEREAS, the Owner is the owner of record of certain real estate identified as Ada County
parcel Nos. S0510449400, ("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-05-20;
WHEREAS, the proposed development includes properties within an area currently zoned BP
(Business Park); and
WHEREAS, the Owner desires a MU-DA (Mixed Use with a development agreement [in lieu of
a conditional use permit]) zoning classification to develop a mixed use development 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 mixed use development upon the Property must be limited with the use of
a development agreement to prevent undue damage to, and to otherwise be in harmony with, the existing
community;and
WHEREAS, the intent of this Development Agreement is to protect the rights of Owner's use and
enjoyment of the Property while at the same time limiting any adverse impacts of the development upon
neighboring properties and the existing community and ensuring the Property is developed in a manner
consistent with Eagle's Comprehensive Plan and City Code;and
WHEREAS,the Owner has agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to a MU-DA (Mixed Use with a development
agreement [in lieu of conditional permit]) zoning designation for the Property with the requirements set
forth in this Development Agreement;and
WHEREAS, the Owner has provided City with an affidavit agreeing to submit the Property to a
Development Agreement (Exhibit B) pursuant to Eagle City Code Section 8-10-1(C)(1) and be bound by
same;and
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WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference.
AGREEMENT
In consideration of the mutual covenants contained herein,the parties agreed as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8,Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
The City will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the Property that is the
subject of the application to the MU-DA (Mixed Use with a development agreement [in lieu of a
conditional use permit]), after recordation of, and subject to the provisions of this Development
Agreement. The ordinance will become effective after its passage, approval, and publication and the
execution and recordation of this Development Agreement.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 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.
3.2 Owner shall complete the design review process for the site and proposed buildings (as required
pursuant to Eagle City Code) and shall comply with all conditions required by City as a part of the
design review approval prior to issuance of a building permit.
3.3 The Concept Plan (Exhibit C-1 and Exhibit C-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 or be required. If the City, in its sole discretion, determines that
any such changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in the Concept
Plan and notice shall be provided as may be required by the City.
3.4 As a submittal requirement of the first design review, preliminary plat, or conditional use permit
application, whichever occurs first, Owner shall submit an updated Traffic Impact Study (TIS)
which has been reviewed and approved by Ada County Highway District (ACHD) and Idaho
Department of Transportation (ITD). Owner shall be required to comply with all requirements of
ACHD and/or ITD, including but not limited to approval of drainage systems, curbs, gutters,
streets, and sidewalks.
3.5 The building elevations (Exhibit D) consisting of a"Craftsman and Italianate" style of architecture
represents the Owner's current concept for the project, the City understands and agrees that certain
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changes in the architecture may occur, however, the architectural elements are subject to change at
the discretion of the Design Review Board. Owner shall submit a design review application for the
proposed buildings (as required by Eagle City Code) and shall comply with all conditions required
by the Design Review Board and/or City Council prior to the issuance of a zoning certificate.
3.6 The proposed building heights of Building Nos. 9, 11, 12, and 13 (located within Quarry Commons
as shown on Exhibit C-2) shall not exceed 60-feet in height as shown on the submitted building
elevation (Exhibit E). The "Parking Garage" (as shown on the Concept Plan [Exhibit C-1]) shall
not exceed 48-feet in height. Building No. 14 shall take access from the east elevation (with the
exception of parking). A height exception will not be required for Building No. 14 based on the
topography of the site and the access point.
3.7 Owner shall construct Buildings Nos. 9, 11, 12, and 13, and the central common area located within
Quarry Commons (Exhibit C-2) simultaneously with the first phase of the development as shown
on the Conceptual Phasing Plan(Exhibit F).
3.8 The Property as depicted on the Concept Plan is to be developed with a combination of residential
and non-residential uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of
District Regulations"under the MU zoning designation(except as permitted in Section 3.9, below).
The buildings shall be limited to a maximum of 235,000-square feet of non-residential enclosed
area (i.e., enclosed with walls and roof). No building footprint shall exceed 35,000-square feet of
enclosed area(i.e.,enclosed with walls and roof[inclusive of parking area]).
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 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 MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit.
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:
• Commercial Entertainment Facility (Indoor)(Bowling alley only)
• Dwelling,Multi-Family
• Hotel
• Microbrewery
• Retail Sales(General)
• Retail Sales(Limited)
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:
• Residential, Mobile Home(Single Unit);
• Residential, Mobile Home(Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
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• Cemetery;
• Drive-In Theatre;
• Equipment Rental and Sales Yard;
• Kennel(limited boarding shall be permitted [resident's pets only]);
• Mortuary;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage(fenced area)
3.10 Owner's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to issuance of any building permits for the Property. Prior to issuance of any
building permits, Owner shall provide proof of central sewer service to the proposed residential and
commercial uses. A letter of approval shall be provided to the City from Central District Health
Department,prior to issuance of any building permits.
3.11 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.).
3.12 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of a
design review application. Owner shall provide a joint/collective parking written agreement in
conformance with Eagle City Code Section 8-4-3-3(A)(6), prior to issuance of the first building
permit.
3.13 Owner shall provide a 25-foot wide public pathway easement, centered on the existing canal access
road located at the northeast corner of the property. The required easement shall terminate at the
northern and eastern boundaries of the development and shall be approximately 420-feet in length
(as shown on Exhibit G). The easement shall be dedicated through a recorded pathway easement
agreement with the City. The recorded easement shall be delineated on the fmal plat and a plat note
added to the final plat referencing the instrument number associated with the recorded pathway
easement agreement. In the event that the Owner provides evidence showing any exclusive
easement or legal right of any party that would preclude the granting of a public access easement in
the same location,then this condition shall be considered satisfied.
3.14 Owner shall provide a copy of an executed ITD Transportation Mitigation Agreement to the City
prior to signature of the first fmal plat or issuance of a building permit,whichever comes first.
3.15 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.
3.16 The total number of residential units on the Property shall not exceed 200-units in the aggregate.
Future conditional use permits for a residential use will not be required. The residential units shall
only be located within Buildings 9, 11, 12, and 13, located within the Quarry Commons area (as
identified on Exhibit C-2). In the event Owner desires to utilize Building 14 (as identified on
Exhibit C-1)for a residential use,Owner shall be required to modify this agreement.
3.17 Owner shall provide a 3-foot high landscaped buffer berm (minimum height) along North
Horseshoe Bend Road, East Hill Road, and SH-55 (approximately 450-feet in length from the
intersection of East Hill Road and SH-55). The landscaping on the 3-foot high buffer berm shall be
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commensurate with landscaping 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 and City Council
prior to submittal of a design review application associated with the first building or submittal of a
final plat application,whichever comes first.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of the owner(s)of the Property is attached hereto and incorporated by reference herein agrees
to subject the Property to this Development Agreement (Exhibit B) and be bound thereby, and comply
with and be bound by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 shall be provided and is incorporated herein by reference.
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
BP (Business Park) zoning designation until City enacts and records an ordinance changing the
property to the BP(Business Park)zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this
Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall nevertheless remain in full force and effect and that
portion determined to be invalid or unenforceable shall be re-negotiated in good faith between Owner(s)
(or other appropriate party)and City.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution,the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. Each commitment and restriction on the development shall be a burden on the
Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other
residential property near the Property and shall run with the land. This Development Agreement shall be
binding on Owner, and its respective heirs, administrators, executors, agents, legal representatives,
successors, and assigns; provided, however, that if all or any portion of the development is sold, the
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sellers shall thereupon be released and discharged from any and all obligations in connection with the
property sold arising under this Agreement. The new owner of the Property or any portion thereof
(including, without limitation, any owner who acquires its interest by foreclosure, trustee's sale or
otherwise) shall be bound by and liable for all commitments and other obligations arising under this
Agreement with respect to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience only and
shall not constitute a portion of this Development Agreement. As used in this Development
Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be
deemed to include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and City acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to
the party to whom the notice is directed at the address of such party set forth below;
City: City of Eagle
660 E. Civic Lane
Eagle, ID 83616
Owner: Quarry Village,LLC
Attn: Cindy Greco
18452 Bernardo Trails Court
San Diego, CA 92128
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by personal delivery, forty-eight (48) hours after
deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-four (24)
hours after timely deposit with a reputable overnight delivery service.
8.6 Financial Assurance. In addition to the other remedies afforded City herein, Owner agrees to
provide adequate fmancial assurance to City, to secure the payment of any deferred balance of the
attorney fees and the engineering fees,together with interest accrued thereon. City shall provide to the
Owner an estimate for the anticipated attorney fees and engineering fees associated with this
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Agreement. The Owner shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
City shall bill Owner for such fees, adjusting the estimates as appropriate. The Owner shall make
payments for such fees as incurred by City and as invoiced to the Owner or, if Owner has made a cash
deposit with City,City may draw on the deposit to pay its invoice. If the fmancial assurance deposited
by Owner is in the form of a letter of credit, and if the Owner fails to make payment for such fees when
actually incurred by City and invoiced, then following thirty (30) days of written notice of such failure
from City, City may draw upon the fmancial 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
fmancial 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 Owner the unused portion of the cash
deposit or the letter of credit,as applicable. City's draw upon the financial assurance under this Section
shall not preclude it from exercising any of the other rights and remedies afforded it in Article V or in
Section 8.7.
8.7 Default. In the event Owner fails to comply with the terms and conditions hereof in any material
respect,the City may, without further notice to Owner, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Attorney. The prevailing party in any claims or disputes arising out of this Agreement shall be
entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
8.9 Effective Date. This Development Agreement shall be effective upon the signing and execution of
this agreement by both parties.
8.9 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.
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8.10 Termination: If the Property is not in the process of being developed as conditioned herein, this
agreement shall terminate 5-years after the Effective Date.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this PI day ofJ ,2021.
CITY OF EAGLE, a municipal corporation organized
and existing under the laws of the State of Idaho
By:
,•,.G,,�Y OF •., J on fierce,Mayor
A EST: ;* .• 0RPOR sOc
.•G
.m .
• S;•• m:
Tracy E. orn, City Clem ••r,, �L •
. •••••••••
v OpIDANA�•`'`QUARRY VILLAGE,LLC, an Idaho limited liability
'•,,,,,,,,,,,'' company
By:
Cindy D. reco,Manager
STATE OF IDAHO )
. ss.
County of Ada )
On this I VtciLlay of , 2021, before the undersigned notary public in and for
the said state, personally appeared CINDY D. GRECO, known and identified to me the Manager of
QUARRY VILLAGE, LLC, an Idaho 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 the day and year first above
written.
d-tio --)
SHERI HORTON ri
COMMISSION#38002 o ary Public( 11d /,NOTARY PUBLIC Residing at: 4`'t� 1
STATE OF IDAHQ
MY COMMISSION EXPIRES My Commission Expires: Z.(2-t-�
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INDEX OF EXHIBITS
A - Legal Description
B - Affidavit of Owner
C-1 - Concept Plan
C-2 - Concept Plan(Quarry Commons)
D - Building Elevations
E - Building Height Exhibit
F - Conceptual Phasing Plan
G - Parks,Pathway, and Recreation Commission Recommendation
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Exhibit "A"
RECEIVED& FILED
CITY OF EAGLE
Re-Zone Description for JUN 0 4 2020
Quarry Village File:
June 3, 2020 Route to:
A parcel of land situated within the Southeast 1/4 of the Southeast 1/4 of
Section 10, Township 4 North, Range 1 East, B.M., City of Eagle, Ada County. Idaho,
more particularly described as follows:
Commencing at the Section corner common to Sections 10, 11, 14, and 15,
T.4N. R.1E. B.M. from which the 1/4 corner common to Sections 10 and 11 bears
North 01°17'55" East, 2636.70 feet; thence on the East boundary line of said Section
10, North 01°17'55" East, 87.51 feet to the centerline of Hill Road and the REAL
POINT OF BEGINNING;
thence on said centerline the following two (2) courses and distances:
North 68°54'14" West, 764.58 feet;
690.98 feet along the arc of curve to the left having a radius of 3,819.72
feet, a central angle of 10°21'53" and a long chord which bears North
74°05'10" West, 690.04 feet to the centerline of State Highway 55;
thence on said centerline, North 01°10'53" East, 775.54 feet to the North
boundary line of the Southeast 1/4 of the Southeast 1/4 of said Section 10,
thence on said North boundary line, South 89°37'11" East, 117.54 feet;
thence leaving said North boundary line, South 89°09'36" East, 1,017.27 feet;
thence South 48°28'59" East, 332.55 feet to the East boundary line of said
Section 10;
thence on said East boundary. South 01°17'55"West, 1,003.91 feet to the
REAL POINT OF BEGINNING.
Containing 30.47 acres, more or less.
This description was prepared using record data and was not verified with a
survey on the ground by Idaho Survey Group, LLC.
End of Description.
1111
1)779
Exhibit "B"
Affidavit of CINDY D.GRECO on behalf of Quarry Village,LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
CINDY D. GRECO,who being first duly sworn under oath, deposes and says:
1. I am CINDY D. GRECO, who is the Manager of Quarry Village, LLC, whose mailing
address is 18452 Bernardo Trails Court, San Diego,CA,92128 ("Quarry Village,LLC").
2. Quarry Village, LLC, is the fee simple owner of the parcel of real property described on
Exhibit A,attached hereto(the"Property").
3. Quarry Village, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the pr9,visions s fo h in Idaho Code Section 67-6511A and Eagle City Code
Section 8-10-1 dated the Y aay of , 2021 by and between the City of Eagle, a municipal
corporation in the State of Idaho, and Cindy D. eco,Quarry Village, LLC(the"Agreement").
DATED this 111 day of (k—f , 2021.
By: Quarry Village, LLC
By:
Cindy D reco,Manager
UK
SUBSCRIBED AND SWORN to before me this I yi day of , 2021.
SHERI HORTLIN
COMMISSION#38002
NOTARY PUBLIC Notary Public foor�Idahq
STATE OF IDAH ► Residing at v I Q1 ,Idaho
MY COMMISSION EXPIRES ► My Commission expires LI`2—CO' Z ti°
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RECEIVED& FILED
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CITY OF EAGLE
Exhibit "D" APR 0 9 2020
File:
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Exhibit "G"
INTER City of Eagle
Zoning Administration
OFFICE
To: Planning and Zoning Commissioners
From: Steve Noyes, Trails and Pathways Superintende
Subject: Parks, Pathways and Recreation Comm'ssion Pathway
Recommendations —RZ-05-20 & CPA 01-20 Qua Village—CDG
Enterprise/Quarry Village, LLC—Cindy Greco
Date: September 9, 2020
Attachment(s): None
Copy To: Dave Yorgason; dyorgason6@gmail.com
Commissioners,
This development will be part of a citywide canal system that will connect to Boise along Hill
Road in the future.
The following is the recommendation made by the Parks, Pathways and Recreation Commission
on August 20, 2020:
1. PUBLIC ACCESS EASEMENT:
The developer shall provide a 25-foot wide public pathway easement, centered on the
existing canal access road, to include the alignment in GREEN in Figure 1 pursuant to
City Code 9-4-1-6. A minimum of 4-feet shall be provided from the pathway tread edges
from anywhere within the easement. This easement shall terminate at the northern and
eastern boundaries of the development and shall be approximately 420-feet in length.
The City reserves the right to construct, connect or continue within this easement, a
public pathway as part of future system expansion , and may authorize staff, contractors
or neighboring developers to facilitate such connections within this easement from any
boundary to another public pathway easement or easements, or to parcels included in any
public access agreement.
Easements shall be submitted to the City prior to submitting a final plat application.
Page 1 of 3
K:\Planning Dept\Eagle Applications\RZ&A\2020\RZ-05-20&CPA 01-20 Quarry Village PPRC Pathway Rec.doe
In the event that the applicant provides evidence showing any exclusive easement or legal
right of any party that would preclude the granting of a public access easement in the
same location, then this condition shall be considered satisfied. Typically, when an
easement cannot be granted in the desired location, the City requires a separate easement
adjacent to the one originally conditioned. In this case, due to the slope of the land
adjacent to the canal, there is not room for an additional easement.
•
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Figure 1
2. PATHWAY:
No pathway shall be required at the time of development. (Improving 420-feet from the
road would be an invitation for the public to continue along the canal bank where public
access easements do not exist at this time. Also, a short pathway would not benefit
residents because there would be no connection to the development at the west end.)
3. MAINTENANCE: The developer and future homeowners association shall provide
maintenance of the entire easement including any future public pathway in perpetuity.
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K:\Planning Dept\Eagle Applications\RZ&A\2020\RZ-05-20&CPA 01-20 Quarry Village PPRC Pathway Rec doc
4. LANDSCAPING: City approved landscaping shall be allowed within the easement. The
City reserves the right to demolish or modify any landscaping in order to construct a
pathway using any alignment within the easement so long as the pathway is constructed
to the City's specification for the desired pathway type.
5. SIGNAGE: The City reserves the right to display signage within all easements. The
examples in Figure 7 are some of the messages used. The physical form including
materials,placement, and message of any signage that the developer or HOA wishes to
display within easement(s) must be approved in writing by the City.
SIGNAGE EXAMPLES
HOA CT? OPT
this public pathway is built on PRIVATE PROPERTY
an easement granted to the Thanks to an easement
City of Eagle by the adjacent PLEASE RESPECT OUR granted by this
property owners to enhance development the City of
our quality of life. NEIGHBORS development the City of
Eagle has the option of
Please respect theirs, continuing this public
Stay on the path THIS AREA CLOSED pathway in the future.
Leash your pets TO THE PUBLIC
Leave no trace
�ff »/ Thank you • r _-
Ile•
DOG PST 1 *AY
/
a •
For the health and safety h of everyone For the heal and safety of everyone J�'1
DOGS MUST BE ON A LEASH ON DOGS MUST BE ON A LEASH IN n 0
AND AROUND PATHWAYS THIS PARK AT ALL TIMES
AT ALL TIMES INCLUDING TRAILS Downtown
Boise
Pet waste must be picked up Pet waste must be picked up o $1
immediately and placed in waste immediately and placed in waste LuckyPeak
receptacles. receptacles_ ♦ Dam
t4 C.+Y woeeee,per+sots Imo
ceaiw.n n+r ee wee. �^•..•.•�` ra yourfl'IN
trotcnr taas. N ..s z <l".,!!�/Iiv Grahama..In awed. /.��cs. ,.
/ tops crrcaa.+as.felt/ 71# Alterante
(unpaved)
EAS
•
Thanks to an easement
granted by this
development,the City of
Eagle has the option of
continuing this public
pathway in the future.
Figure 2
END OF PPRC RECOMMENDATION
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