Development Agreement - 2022 - Restored Community Church DA MOD RZ-12-08 MOD4 - 5/31/2022 ADA COUNTY RECORDER Phil McGrane 2022-052007
BOISE IDAHO Pgs=3 CHE FOWLER 06/01/2022 12:35 PM
CITY OF EAGLE, IDAHO NO FEE
Recording Requested By and
�Vhen Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above'rhis Line
DEVELOPMENT AGREEMEN'I' MODIFICAI'ION
'This Developmerit Agreement, Modification, 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 RESTORED COMMtNITY CHURCfi, INC.
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"), which is the site subject of an application for rezone,
identified as Eagle Rezone application .N`o. RZ-12-08 and which is subject to an application for
modification of development agreement, identified as Eagle Rezone Modification Application
,No. RZ-12-08 MOD4, and
WHET-EAS, the proposed development agreement modification includes properties pe ies
Within an area currently zoned A-R.-DA (Agricultural-Residential Aith a development
agreement); and
WHEREAS, all provisions with the Development Agreement recorded wider Instrunient,
No. 2021-128555 are in, and shall remain in full force and effect, except that a new con.dition of
development#3.11 shall be added,as stated herein;and
W'HEREAS, the Owner of the property has previously provided Fagl--with an affidavit
agreeing to suhject the Property to a development agreement pursuant to Eagle City Code
Section 8-10-1-C (1), and
WI]FREFORE., the Owner and the City of Eagle desire to-resolve the issues mid concerns
that have arisen and for and in consideration of the mutual covenants contained in the
.Development Agreement recorded under Instrument No. 2021-128555, the modification is
agreed to as follows:
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ARTICLE I
MODIFIF"D CONDITIONS OF DEVELOPMENT
3.11 The maxinnum lot coverage of the Property shall not exceed 15%.
ARTICLE 11
GENT EISMATTERS
Enfarceable Provisions. The originalDevelopment agreement, Instrument No. 2021-128555,
rernains in fall force mid effect except as modi fied in Article I herein."
Effective Date. This Development Agreement Modification shall be effective after delivery to
each of the parties hereto of a fully executed original of this Development Agreement
Modification.
Tem.iination. This modification agreement terminates upon completion of the Conditions of
Development or after 10-years after the Effective Date, wluch ever cornes first. The church use
shall be considered a. permitted use and the owner shall not be required to obtain a Conditional
Use Permit for fature expansion of the residential use.
IN WITNESS WHEREOF,the parties have executed this Development Agreement
Modification,
"?
DATED thh�� day of
CITY OF EAGLE,a municipal corporation
organized and existing under the laws of the State
of Idaho
Bv:
-J son fierce, Mayor
Xrrm-
racy Ish rn, City Clerk
%
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STATE; Of, IDAUO
ss.
("outilly of Ada)
On this-'�l'-- day of YA t-vll 2022, before the undersigned notary public in
and for the said state, personally a4eared JASON, PIERCE, known mid 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 andaclmox led ged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set any hand and seal the day and year first
above written.
0�* CS ------ -—-----------------------
I �A Axo'X Public for Idaho
X My Commission Expires:
dt "S
ONN NTIER: RESTORED COMMUNITY CH U RCI-1,
A ---------- --------------
By: Flenjaniiii Hams, President
STATE OF IDAHO
Count-,,, of Ada)
On this VV dav of 2022, before the widersigned notary public in
and for the said state, personally appeared BF.NJA,MIN HAR IS, known and identified to me to
the President of Restored Communit,,y Church, Inc., an Idaho limited liability company, known or
identified to me to be the owners of the pro,perty referenced herein and the persons who executed
the foregoing in,strtmient.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above Nvritten. A
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