Development Agreement - 2021 - Restored Community Church Second Amended And Restated - 8/25/2021 ADA COUNTY RECORDER Phil McGrane 2021-128555
BOISE IDAHO Pgs=11 BONNIE OBERBILLIG 08/30/2021 02:47 PM
CITY OF EAGLE,IDAHO NO FEE
Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 152E
Eagle,Idaho 83616
For Recording Purposes Do
Not Write Above This Line
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Second 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 RESTORED COMMUNITY CHURCH,("Owner").Upon
recordation of this Development Agreement,that certain Amended and Restated Development Agreement
recorded in the real property records of Ada County,Idaho,on March 5,2018_as instrument number 2018-
019975 (the"Original Development Agreement") shall be void and of no further force or effect as to the
Property,defined below.
WHEREAS,Owner is the owner of record of certain real estate consisting of approximately 5.78-
acres generally located 3633 West Floating Feather Road,Ada County Parcel#R732150105,("Property"),
as specifically defined in the attached legal description (Exhibit A), and shown on the Concept Plan
(Exhibit B), which is the site subject of an application for rezone modification,identified as Eagle Rezone
Application No.RZ-12-08 MOD2 and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No.RZ-12-08 MOD3; and
WHEREAS, Owner has previously been approved for a modification to the original rezone (RZ-
12-08) associated with the Property pursuant to Rezone Application No. RZ-12-08 MOD2, 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 Neighborhood Residential One and zoned A-R-DA(Agricultural-Residential with
a development agreement);and
WHEREAS,Owner desires to continue to utilize the Property with a church use as generally shown
on the Concept Plan(Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any church use upon the
Property should,be limited to prevent undue damage to,and to otherwise be in harmony with,the existing
community; and
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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
SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Second 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 RESTORED COMMUNITY CHURCH,("Owner").Upon
recordation of this Development Agreement,that certain Amended and Restated Development Agreement
recorded in the real property records of Ada County,Idaho,on March 5,2018,as instrument number 2018-
019975 (the "Original Development Agreement") shall be void and of no further force or effect as to the
Property,defined below.
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 5.78-
acres generally located 3633 West Floating Feather Road,Ada County Parcel#R732150105,("Property"),
as specifically defined in the attached legal description (Exhibit A), and shown on the Concept Plan
(Exhibit B),which is the site subject of an application for rezone modification, identified as Eagle Rezone
Application No. RZ-12-08 MOD2 and which is subject to an application for modification of development
agreement, identified as Eagle Rezone Modification Application No. RZ-12-08 MOD3; and
WHEREAS, Owner has previously been approved for a modification to the original rezone (RZ-
12-08) associated with the Property pursuant to Rezone Application No. RZ-12-08 MOD2, 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 Neighborhood Residential One and zoned A-R-DA(Agricultural-Residential with
a development agreement);and
WHEREAS,Owner desires to continue to utilize the Property with a church use as generally shown
on the Concept Plan(Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any church use upon the
Property should be limited to prevent undue damage to, and to otherwise be in harmony with,the existing
community; and
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WHEREAS,the intent of this Second 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 the Agricultural-Residential District("A-R-
DA") zoning designation for the Property with the requirements set forth in the Original Development
Agreement as replaced by this Second Amended and Restated Development Agreement;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
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein,it is agreed
as follows:
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 A-R-DA,
subject to the provisions of the Original Development Agreement, and as specifically set forth previously
in Ordinance No.626 which became effective after its passage,approval,and publication on June 15,2009.
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.
3.2 Owner shall submit a design review application showing at a minimum: 1) proposed 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)detached 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
expansions, new buildings, modular buildings, and associated parking area(s). 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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3.3 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,in its sole discretion,that any such changes require
additional public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan and notice shall be
provided as may be required by the City.
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
• Daycare center(preschool)
3.5 The existing church facility may continue to be served by the potable well located on site until the
time of construction of a new church facility on the northern portion of the property. At this time
the Owner shall provide central water and sewer to the existing and newly constructed church
facilities.After construction of the new church facility on the northern portion of the property and
a certificate of occupancy is issued, the Owner shall be required to remove the modular building
within sixty(60)days.
3.6 Encroachments including,but not limited to, landscaping, fencing, lighting,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, 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 Owner alter the location of the existing irrigation ditch on the property the applicant
shall comply with Idaho Code §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.
3.9 The required improvements (i.e. curb, gutter, detached sidewalk, etc.) located adjacent to West
Floating Feather Road may be deferred until a new church is constructed within the northern half
of the Property.
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3.10 The access driveway and parking areas associated with existing church facility shall be improved
with a gravel all-weather surface material.The access driveway and parking areas shall be reviewed
and approved by the Eagle Fire Department. The gravel all-weather surface is only approved for
the previously approved expansion of the existing church facility approved by the Eagle City
Council on January 9, 2018, (RZ-12-08 MOD2). Should the Owner terminate the agricultural use
occurring within the northern half of the Property, the Owner shall pave the access driveway and
parking areas, located internal to the Property within one (1) year of the termination of the
agricultural use.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement(Exhibit 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. and in accordance with the
notice and hearing provisions of Idaho Code Section 67-6509. In the event this Development
Agreement is terminated pursuant to this Article 5,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.
5.2 If required to proceed in a court of law or equity to enforce any provision of this Development
Agreement, Eagle the prevailing party 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.
ARTICLE VI
UNENFORCEABLE PROVISIONS
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 Owner and owners, and their respective heirs, administrators, executors, agents, legal representatives,
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successors, and assigns;provided,however,that if all or any portion of the development is sold,the sellers
shall thereupon be released and discharged from any and all obligations in connection with the property
sold arising under this Agreement. The new owner of the Property or any portion thereof(including,
without limitation, any owner who acquires its interest by foreclosure,trustee's sale or otherwise) shall be
bound by and liable for all commitments and other obligations arising under this Agreement with respect
to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509,as required by
Eagle City Code Section 8-10-1.
8.2 Paragraph Headings. This Development Agreement shall be construed according to its fair meaning
and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not
constitute a portion of this Development Agreement. As used in this Development Agreement,
masculine, feminine or neuter gender and the singular or plural number shall each be deemed to
include the others wherever and whenever the context so dictates.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of the
State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County,Idaho.
8.4 Legal Representation. Both the Owner and Eagle acknowledge that they each have been represented
by legal counsel in negotiating this Development Agreement and that neither party shall have been
deemed to have been the draftor of this agreement.
8.5 Notices. Any notice which a party may desire to give to another party must be in writing and may
be given by personal delivery, by mailing the same by registered or certified mail, return receipt
requested postage prepaid,or by Federal Express or other reputable overnight delivery service,to the
party to whom the notice is directed at the address of such party set forth below;
Eagle: City of Eagle
660 E. Civic Lane
Eagle,Idaho 83616
Owners: Restored Community Church
Attn: Pastor Benjamin Harris
3633 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 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
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estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
Eagle shall bill Owners for such fees, adjusting the estimates as appropriate. The Owners shall make
payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a
cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owners is in the form of a letter of credit,and if the Owners fail to make payment for such
fees when actually incurred by Eagle and invoiced, then following thirty(30) days of written notice of
such failure from Eagle, Eagle may draw upon the financial assurance provided by the
Owners. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then
current balance of the fmancial assurance (whether it be in the form of a cash deposit or a letter of
credit),the Owners shall replenish the financial assurance and shall become current as to all outstanding
fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the
Owners the unused portion of the cash deposit or the letter of credit,as applicable.Eagle's draw upon the
financial assurance under this Section shall not preclude it from exercising any of the other rights and
remedies afforded it in Article V or in Section 8.7.
8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material
respect,the City may,without further notice to Owners, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure located
within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected pursuant
to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available
at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 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.
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IN WITNESS WHEREOF,the parties have executed this Development Agreement.
DATED this 25 day of IL !�,,c/ ,2021.
/ CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Idaho
By:
son 'fierce,Mayor
ATTEST: •'$ pF.EA
•••.;
• .•C��• �QORq�•
O 6 . 7.
fir _
Tracy E. orn, City Clerk...* E AL
•.,• T •••••••• Q► �.•
•••„. OFF 00 WNER: Restored Community Church, Inc.
7 .
By: -e,i,( P1. at1 .�
Benjamin Harris,President
STATE OF IDAHO )
: ss.
County of Ada )
On this 1.:1 day of $A UO3 v c -i ,2021,before the undersigned notary public in and for the said
state,personally appeared BENJAMIN HARRIS,known or identified to me to be the President of Restored
Community Church, Inc.,that executed the within and foregoing instrument, or the person who executed
the instrument on behalf of said limited liability company, and acknowledged to me that such limited
liability company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
•�. .� SE1y.,�,• Notary : is for Idaho
Aso I we ••r> Residin .t:
f = My Commission Expires: 'Z 2(O f Z6
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• ••_••I.9'TE••OF l9P•••.
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INDEX OF EXHIBITS
A - Legal Description
B - Concept Plan
C - Affidavit of Owner
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EXHIBIT"A"
LEGAL DESCRIPTION
Lot 5, in Block 1, of RAY'S ACRES, according to the plat thereof filed in Book 30 of Plats at Page 1870, in
the Office of the Ada County Recorder, Ada County, State of Idaho
Parcel#: R7352150100
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EXHIBIT "C"
Affidavit of BENJAMIN HARRIS on behalf of Restored Community Church,Inc.
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
) ss.
County of Ada )
BENJAMIN HARRIS,who being first duly sworn under oath,deposes and says:
1. I am BENJAMIN HARRIS, who is the President of Restored Community Church, Inc.,
whose mailing address is 3633 West Floating Feather Road, Eagle, ID 83616 ("Restored Community
Church,Inc.").
2. Restored Community Church, Inc., is the fee simple owner of the parcel of real property
described on Exhibit A,attached hereto(the"Property").
3. Restored Communi Church, Inc. authorixesille submission of the Property to certain
Development Agreement dated the day of V(..S 1, , 2021 pursuant to the provisions set
forth in Idaho Code Section 67-651 A and Eagle City Code Section 8-10-1, by and between the City of
Eagle,a municipal corporation in the State of Idaho, and Benjamin Harris, Restored Community Church,
Inc. (the"Agreement").
DATED this day of A.A6LI,V l ,2021.
By: Restored Community Church,Inc.
•
By:
Benjamin Hams,President
SUBSCRIBED AND SWORN to before me this 2. 1 day of RCVS+ ,2021.
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