Development Agreement - 2012 - DA MOD-Abundant Life Baptist Church - 3/12/2012Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 4
BOISE IDAHO 04118112 03:56 PM
DEPUTY Lisa Batt
RECORDED -REQUEST OF IIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIHI
Eagle City 112035884
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT MODIFICATION
This Development 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 Abundant Life Baptist Church ("Owner").
WHEREAS, Abundant Life Baptist Church is the owner of record of certain real estate
consisting of approximately 5.78 -acres generally located at 3633 West Floating Feather Road,
Eagle, Idaho, ("Property"), as specifically defined in Development Agreement recorded under
Instrument No. 109064085; and
WHEREAS, the proposed development agreement modification includes properties
within an area currently zoned A -R -DA (Agricultural -Residential with a development
agreement); and
WHEREAS, all provisions with the Development Agreement recorded under Instrument
No. 109064085 are in, and shall remain in full force and effect, except that, conditions of
development 3.9, 3.9.1, 3.10, 3.11, and Article VII — General Matters 8.7, are amended as stated
herein.
WHEREFORE, the Owner and the City of Eagle desire to resolve the issues and concems
that have arisen and for and in consideration of the mutual covenants contained in the
Development Agreement recorded under Instrument No. 109064085, the modification is agreed
to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.9 If the applicant submits a building permit application as required by the building
code, complies with the building code requirements for the change of use, and
receives a certificate of occupancy issued by the City of Eagle Building Official,
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the applicant shall be allowed to use the premises and real property in its current
conditions with any improvements and/or modifications required by the building
code for a church use during the time the other work outlined in the Development
Agreement is being performed. No design review will be required for the principal
dwelling.
3.9.1 During the period of time the work outlined in the Development
Agreement is being completed, the building occupancy load for church
services in the existing principal dwelling shall be capped at 49 — if
permitted by the building code and Eagle Fire Department after complying
with 3.9 above.
3.10 The applicant shall be allowed to obtain a building permit to replace the two
existing dilapidated storage buildings on the subject property with a single new
storage building with no design review application being required provided the
design of the new storage building is reviewed by staff to determine that the
design is uniform with the other existing accessory building and principal
dwelling.
3.11 The applicant shall obtain a building permit for the accessory storage/office
building and the proposed minor addition to the storage/office building. The
applicant shall not be required to obtain design review approval for the
storage/office building.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development agreement, instrument number 109064085,
remains in full force and effect except as modified 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.
Termination. This agreement terminates upon completion of the Conditions of Development or
after 10 -years after the Effective Date, which ever comes first. The church use shall be
considered a permitted use and the owner shall not be required to obtain a Conditional Use
Permit for future expansion of the church use.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DA1LD this (Odayf jUf(,i L, 2012.
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ATTEST:-
Sharon K. Bergmann, City CI
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
By:
By:
es D. Reynolds, Ma
Calvin W. Payton
Abundant Life Baptist Chur
STATE OF IDAHO )
: ss.
County of Ada)
On this 13 day of /lard- d , 2012, before the undersigned notary public in and for
the said state, personally appeared JAMES D. REYNOLDS, 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.
1N WITNESS WT EREOF;,T;have hereunto set my hand and seal the day and year first
above written.
6..
Pu ierl.t<
Residing at:
My Commission Expires: D/
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STATE OF IDAHO
: Ss,
County of Ada) �� "
On this I.�. day of W ` amity p/i'` , 2012, before the undersigned notary public in
and for the said state, personally appeared CALVIN W. PAYTON, known or identified to me to
be a director, of Abundant Life Baptist Church, Inc., owners of the property referenced herein
and the person 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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