Development Agreement - 1995 - Custom Masonry/ Hiatt - 2/16/1995
r.f"['j')("">",
J J L:..:.j '" ~
,~+¥
ORIGINAL
~. ~', " DEVELOPMENT AGREEMENT
, ~~¡';-3ø ~ la:~lf
c¡. (!)O C ~ 'Ut1r- ~ I
I IV ~IS D~,,¥J.QfMENT AGREEMENT, made and entered into this Z-J.i.- day o.f -
r '. ' : ,;. ,¡ ¡:9Þ5, by and between STEVE HIATT and LINDA HIATT (heremafter
w¥ectively refe ed to as "Hiatts"), husband and wife, of Eagle, Idaho, doing business as
n~~jjMaSonry";ai!(r~uY OF EAGLE (hereinafter referred to as the "City"),
WITNESSES:
Whereas, on or about March 22, 1994, Hiatts duly filed with the City their application
(hereinafter, the "Application") to rezone certain real property (hereinafter, the "Property") at
1022 West State Street and 964 West State Street in the City, from its then-existing zone of R5
to C2; and
Whereas, on February 7, 1995, the City's City Council approved Findings of Fact and
Conclusions of Law in response to the Application and in accord with this Agreement,
Now, therefore, for and in consideration of the terms and conditions hereinafter set forth
to be kept and performed, the parties hereto do hereby agree as follows:
1. Term of Agreement. The term of this Agreement shall be for a period of time
which begins upon the later of the following dates: The date upon which action by the City of
Eagle approving the Application becomes final, and the date upon which this Agreement takes
effect; and which ends upon the earlier of the following dates: That date which is two (2) years
after the date upon which the term of this Agreement begins, or that date upon which Hiatts'
ownership interest in the Property ceases. At the time or prior to the time at which the term of
this Agreement would end as provided above in this paragraph, however, Hiatts shall have an
option, by written notice given to the City, to extend the term of this Agreement for one (1)
additional year, but not for any period of time after Hiatts' ownership interest in the Property
ceases.
2. Reversion to RS. Upon the expiration of the term of this Agreement, the zoning
for the Property shall revert to R5.
3. Use Limitations on Portion Acquired in 1993. On that portion of the Property
acquired by Hiatts in 1993, Hiatts will, during the term of this Agreement, park no more than ten
(10) vehicles at anyone time and store masonry products on not more than fifty percent (50%)
of the area of that portion of the Property.
4. Sight and Sound Barrier. Within ninety (90) days after the signing of this
Agreement, weather pennitting, Hiatts will install a sight-barrier fence in lieu of the existing
earthen berm (and shall remove said existing berm) on the Hiatts' side of the eastern boundary of
the portion of the Property which they acquired in 1993. The total height of the fence shall not
be less than six (6) feet. Hiatts shall cause the fence to remain in place, and shall maintain the
DEVELOPMENT AGREEMENT, Page 1
same, for as long as their masonry business continues in operation on the Property during the
term of this Agreement.
5. Dust Control. For as long as Hiatts operate their masonry business on the
Property during the teon of this Agreement, Hialts will adopt and use measures reasonably to
prevent or minimize the airborne travel of dust to neighboring properties because of Hiatts'
operation of its business. Such measures may include limiting vehicle speeds, spreading gravel
or "road mix" on the Property, and spraying water.
6. Hours of Operation. For as long as Hiatts operate their masonry business on the
Property during the tenD of this Agreement, Híatts will not regularly operate, or peonit regularly
to be operated, commercial vehicles on the Property before 6:30 o'clock a.m. or after 8:30
o'clock p.m.
7. Possible Future Local Improvement District. In the event that, during the term
of this Agreement, a local improvement district, for a district that would include the Property
and the others along State Street between the Property and the Eagle downtown area, is duly
proposed for the purpose of financing installation of curbs, gutters, sidewalks, street lights and
trees at the Property's frontage along State Street in the same design as the downtown project,
Hiatts wil1 support the proposal.
In witness whereof, the parties have executed this Agreement on or as of the date first
above written.
CITY OF EAGLE
The "City"
~~
Steve Hiatt
Lin~ 'it #.
By
~
"Hiatts"
STATE OF IDAHO)
) ss.
County of Ada) "'.
On this »I!-day of ~. , 1995, before me, the undernigned, a Notary Public
for said State, personal1y appeared STEVE mATT and LINDA mATT, known or identified to
me to be the persons whose names are subscribed to the within instrument, and acknowledged to
me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written in this certificate.
DEVELOPMENT AGREEMENT, Page 2
---- -----------
",\\ ,'," ",,' , , ' "'"
" ~,' " r. "
j,"" 'x í, """" " I. ",
" ~,' ..- ". '( ;.
¿,.- "~' .. ' '. " ",
,:.~ !..J: 'r) T ,,! /) L '.:';;, :.
.~ ,'('" - .,:-'-.: J \', C~
, ", ;v U C '- \ \.J '.: /
. ','
'-"/"" """,".';~),,:
", '.< 'l-r - -)" "
""", ' I), '
""j "
No PublIc for Idaho, residing t
My commission expires 1J,,¡tJ "tJO
STATE OF IDAHO)
) ss,
County of Ada )
On this ...2!:L day of , 199, 5, beD e me, the pndersigned, a Notary Public
for said State, personally appeared I' ". ~ ~ bey- , known or
identified to me to be the ~ () r- of the CITY OF EAGLE that executed the
within instrument, and acknowledge to me that such CITY OF EAGLE executed the same,
IN WITNESS WHEREOF, I have hereunto set my han
day and year first above written in this certificate
Notary Public for Idaho, residin '11
My commission expires /0-3::.-:97' i t';
",' " , ~ t r
r ,
.. I "
" .
DEVELOPMENT AGREEMENT, Page 3
---- -------
- -----------