Development Agreement - 2009 - Abundant Life Baptist Church - 5/29/2009
Recording Requested By and
When Recorded Return to:
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06/02109 04:36 PM
DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Eag Ie Ci tv
AMOUNT
.00
9
1111111111111111111111111111I11111111
109064085
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 ofIdaho ("Eagle"), by and through its
Mayor, and Abundant Life Baptist Church, Inc. ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 3633 West
Floating Feather 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-12-
08; and
WHEREAS, the proposed development includes properties within an area currently zoned RUT
(Rural-Urban Transition - Ada County designation); and
WHEREAS, the Applicant desires a A-R-DA (Agricultural-Residential one unit per five acres
with a development agreement) zoning classification to develop a church 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 church 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 Applicant'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 Applicant 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 A-R-DA (Agricultural-Residential one
unit per five acres with a development agreement) zoning designation for the Property with the requirements
set forth in this Development Agreement; and
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WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to submit the
Property to a Development Agreement pursuant to Eagle City Code Section 8-10-1 (C)(l); and
WHEREAS, all exhibits mentioned herein are attached hereto and are incorporated herein by
reference; and
WHEREFORE, the Applicant 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 the Agricultural-Residential District ("A-R-DA"), 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 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 or be required. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan and notice shall be provided as may be required by the City.
3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any conditional
use permits, if applicable, and any other applicable applications as may be required by the Eagle City
Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made
except as otherwise provided within this Agreement.
3.3 The applicant shall submit a design review application showing at a mInImum: 1) proposed
development signage, 2) planting details within the proposed and required landscape buffer areas
adjacent to W. Floating Feather Road, and the eastern and western boundaries, 3) separated sidewalk
adjacent to W. Floating Feather Road, 4) useable amenities such as picnic pavilion, structures
associated with the amphitheater, and storage building, and/or similar amenities, and 5) location of
future building and associated parking area. The design review application shall be reviewed and
approved by the Eagle Design Review Board and Eagle City Council prior to the issuance of a
building permit.
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3.4 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 Agricultural - Residential
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 A-R 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 A-R zoning designation shall require a conditional use permit.
The following use which is shown as "C" conditional use under the A-R zoning designation within
Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be a permitted use on
the Property. A separate application shall be submitted for a conditional use permit for a height
exception.
. Church
3.5 The existing home (to be converted to a church) may continue to utilize the existing well and septic,
however when a new church facility is constructed the owner shall connect to municipal water and
central sewer services.
3.6 Encroachments including, but not limited to, trees, landscaping, fencing, lighting, drainage discharges,
and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other
structure, or canal used for irrigation water or irrigation waste water without the express written
approval of the organized irrigation district, drainage districts, canal company, ditch association, or
other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall
submit a copy of the written approval from the irrigation entity prior to issuance of a zoning certificate
for the church facilities.
3.7 Should the applicant alter the location of the existing irrigation ditch on the property the applicant shall
comply with Idaho Code 9 42-1207: Change of Ditch, Canal, Lateral, Drain or Buried Irrigation
Conduit. The applicant shall provide correspondence from the respective irrigation district or canal
company approving any modification to the existing irrigation system prior to receiving a zoning
certificate for construction of proposed improvements.
3.8 All outdoor events shall comply with Eagle City Code Section 4-9 Loud Amplification Devices; Noise
Ordinance.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
An affidavit of all owners of the Property agreeing to submit the Property to this Development Agreement
and to the provisions set forth in Idaho Code Section 67-6511 A 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 Applicant 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
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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 any term, provision, commitment, or restriction of this Development 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 terminate and the zoning ofthe property shall revert to the A-R
(Agricultural-Residential) zoning designation unless the portion of this instrument determined to be
invalid or unenforceable is re-negotiated in good faith between the Applicant (or other appropriate party)
and Eagle as an amendment to the Development Agreement processed in accordance with the notice and
hearing provisions ofIdaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1.
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 Applicants
(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 Applicant. 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 TUn 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 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 ofIdaho Code Section 67-6509, as required by Eagle
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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 Applicant 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:
Abundant Life Baptist Church
3963 West Floating Feather Road
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 Effective Date. This Development Agreement shall be effective upon the signing and execution of this
agreement by both parties.
8.7 Termination. This agreement terminates upon completion of Conditions of Development or after 7-
years after the Effective Date, whichever occurs first.
8.8 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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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATEDthis~~of ~2009.
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CIT~ GLE, a municipal corporation organized
and existing un er the laws of the State of Idaho
ATTEST:
Owner:
By:)Uf} Wt / I? &1J 7RUrP-L.
Mike Best, Director "
Abundant Life Baptist Church, Inc.
STATE OF IDAHO )
: ss.
County of Ada )
On this ~ay of ---Y\ \~ , 2009, before the undersigned notary public in and for
the said state, personally appeared PHIL BANDY, known or identified to me to be the Mayor of the City
of Eagle and the person who executed the foregoing instrument on behalf of said City and acknowledged
to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
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My Commission Expires: L 1- - 'Z-ol V
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STATE OF IDAHO )
: ss.
County of Ada )
On this 29lt"day of ~ ,2009, before the undersigned notary public in and for
the said state, personally appeared M E BEST, known or identIfied to me to be a dIrector of Abundant
Life Baptist Church, Inc., 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.
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Residing at: bt rY"\ L.OLA-i"""'\-t '-)
My Commission Expires: m~ 12. \'20i4
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\
RECEIVED & FilED
CITY OF EAGLE
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NOV 2 6 2008
File:
Route to:
THE LAND GROUP, INC.
November 19, 2008
Project No. 08178
Abundant Life Baptist Church
Annexation and Rezone
Legal Description
5.79 Acres
Lot 5, Block 1 of Ray's Acres Subdivision (on file in Ada County, Idaho in Book 30 of Plats at
Pages L~}O and 1871) situated in a portion of the Northwest One Quarter of the Northeast One
'.., Quarter of Section 12, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada
County, Idaho, described as follows;
Commencing at, th~ North One Quarter Comer of said Section 12 and being on the centerline of
, :. W.. Floatmg Fe~ther Road, thence following the northerly line of the Northeast One Quarter of
. sa.,id SeQUion 12 and said centerline, South 89022'21" East a distance of 1,021.57 feet to a point,
which beitisNorth 89022'21" West a distance of 1 ,620.46 feet from the Northeast Corner of said
Section 12 and being the POINT OF BEGINNING.
Thence following said. northerly line and said centerline, South 89022 '21" East a distance
of 299.96 feet to a point on the easterly line of said Ray's Acres;
Thence leaving said northerly line and said centerline and following the said easterly line
of Ray's Acres, South 0031' 14" West a distance of 852.27 feet to a point on the northerly
line of Lot 6, Block 1 of said Ray's Acres;
Thence leaving said easterly line of Ray's Acres and following said northerly line of Lot
6, North 84012'59" West a distance of302.33 feet to a point on the easterly line of Lot 4,
Block 1 of said Ray's Acres;
Thence leaving said northerly line and following said easterly line of Lot 4,
North 00035'49" East a distance of 825.10 feet to the POINT OF BEGINNING.
The above-described tract of land contains 5.79 acres, more or less, subject to any existin.g
easements or rights-of-way.
Attached hereto is Exhibit "B", and by this reference is made a part hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE, SUITE 100
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
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L:mdscape Anviteduro " Site Planlling " Civil ElIgi/lee/illg ~olf Course Irrigation & Engimoril1g " Graphic Commtmication
140 River Vista Place, Twin Falls, IdaI10 1'208,733.4041 F 208.733.4045 . '''''''IV, thdanc1ITIOUpinc.com
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Page 1 of'l
EXHIBIT "B"
~~ DESIGN
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ARCHITECTS
~bJNDANT LIFE BAPTIST CHUR"H
SITE PLAN
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CITY OF Eft,3Li:
FEB 0 ~ 2009
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