Development Agreement - 2025 - Restored Community Church DA Modification - 9/10/2025Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
Ada County Recorder Trent Tripple 2025-061778
Boise, Idaho Pgs= 6 cfowler 09/23/2025 09:19:42 AM
CITY OF EAGLE $0.00
Electronically Recorded
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 Restored Community Church, Inc, ("Owner").
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 5.78-
acres generally located at 3633 West Floating Feather Road, Ada County Parcel #R7352150105
("Property"), which is the site subject of an application for rezone, identified as Eagle Rezone Application
No. RZ-12-08 and which is subject to an application for modification of development agreement, identified
as Eagle Rezone Modification Application No. RZ-2008-12 MODS; 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 of the Development Agreement recorded under Instrument No. 2021-
128555 are in, and shall remain in full force and effect, except that condition of development #3.4 and
condition of development #3.5 are amended as stated herein; and
WHEREAS, the Owner of the Property has provided the City of Eagle with an affidavit agreeing
to subject the Property to a development agreement modification (Exhibit A) pursuant to Eagle City Code
Section 8-10-1(C)(1); and
WHEREFORE, the Owner 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 in the Development Agreement
recorded under Instrument No. 2021-128555, this modification is agreed to as follows:
ARTICLE I
MODIFIED CONDITIONS OF DEVELOPMENT
3.4 Except for the limitations and allowances expressly set forth above and the other teens 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
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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)
• Portable classroom
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.
ARTICLE II
GENERAL MATTERS
Enforceable Provisions. The original Development Agreement, Instrument No. 2021-128555, and
subsequent modifications, remains in full force and effect except as modified in Article I herein.
Effective Date. This Development Agreement Modification shall be effective upon the signing and
execution of this agreement by both parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement Modification.
DATED this !ii day of a7 Y d i; v 2025.
CITY OF EAGLE, a municipal corporation organized
and existing under the la -cif the State of Idaho
By: 1
1,d''Pike, Mayon
ATTEST:
Tracy E,%"OAborn, City Clerk
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K.\Plana ng Dcpt\Eagle Applications\RZ&A\2008\Restored Community Church - RZ-2008-12-MOD5\03-Working Ftics\02-City Council\04-Development Agreement\RCC DA mod Iinal.docx
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STATE OF IDAHO )
ss.
County of Ada )
On this j p day of SP Q Ir2 YY1be,r , in the year 2025, before me, the undersigned, a Notary
Public in and for said State, personally appeared BRAD PIKE, known to me to be the MAYOR of said
municipal corporation that executed this instrument and the persons who executed the said instrument on
behalf of said corporation, and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year first
written. ,'IIt1l I Ili,,,,,
va C SEN '°•
[� •
STATE OF IDAHO, )
ss.
• _.e .
• •
• PUFiL�C ti:
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Notary3ublic for Idaho
Residing at: EC ii, ,.7
My Commission Expires: Z 12t-0 131
OWNER: RESTORED COMMUNITY
CHURCH, INC.
/
By:— � ' -(. )
Benjamin Hands, President
County of Ada .
On this / {� day of 2,�j,� , 2025, before me, the undersigned; a Notary Public
in and for said State, personally appeared BENJAMIN HARRIS, known and identified to me to be the
President of Restored Community Church, an Idaho 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 affixed my official seal the day and
year in this certificate first above written.
(tin&
Notary Pub1i aho yy `
Residing at ' i
My Commiss n Expires: to - 5 '15 f
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K 'P1.mnmg Depl'Gagle Appl.eanous' R73A'.200S'R,tn:cd i rynm.nuty Church - R7..-2005-12-11OD5.03-Wr,tki ig ri:es 02-Cuy Couucil'C1-1-17,nclunnlcrl Agreemcuc4RCC DA mod lint-dccx
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Affidavit of BENJANHN 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 a member of RESTORED COMMUNITY CHURCH,
INC., whose mailing address is 3633 West Floating Feather Road.
2. RESTORED COMMUNITY CHURCH, INC., is the fee simple owner of the parcel of real
property described on Exhibit B, attached hereto (the "Property").
3. RESTORED COMMUNITY CHURCH authorizes the submission of the Property to
certain Development Agreement dated the _ lei day of ;Lk, , 2025, pursuant to the
provisions set forth in Idaho Code Section 67-6511A and Eagle City &ode 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 /7 day of 4>,,„ ,f , 2025.
By: Restored Community Church, Inc.
By:
enjamin Harris, resident
SUBSCRIBED AND SWORN to before me this Z.-- day of , 2025.
'•i�s�«lI •ific Sys
�•�•' ), �•0,+ 9!,. Notary Publicfor Idaho
•` a� :•` •, � Residing at _ 5C.
� / I4OT4t j: , My Commission expires
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K:\Planning Dept\Eagle Applications\RZ&A\20081Restored Community Church - RZ-2008-12-MOD5103-Working Files102-City Council\04-Development AgrcementlaCC DA Affidavit.docx
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EXHIBIT B-1
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
"
PROPOSED SITE PLAN
Par ru.ro.
KEYNOTES
SITE RECAP
APPROVALS
f+
RESTORED COMMUNITY CHURCH
PROPOSED
SITE PLAN
A-1.0