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MEMORANDUM OF UNDERSTANDING 2009 BETWEEN CITY OF MOSCOW, IDAHO AND MICHAEL HOFFMAN, D EV ELOPER, WINDFALL HILLS SUBDIVISION 530170 THIS M EMORANDUM OF UNDERSTANDING 2009 BETWEEN CITY OF MOSCOW, IDAHO AND MICHAEL HOFFMAN, D EV ELOPER, WINDFALL HILLS SUBDIVISION OF THE CITY OF MOSCOW, IDAHO (hereinafter "2009 MOU") is entered into the day of , }l LVLL , 2009 by and between City of Moscow, Idaho a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"), and Michael Hoffman, Developer of Windfall Hills Subdivision of the City of Moscow, Idaho (hereinafter referred to as "DEVELOPER"). W I T N E S S E T H : WHEREAS, on July 2 I, 2008, CITY and DEVELOPER entered into Memorandum Of Understanding Between City Of Moscow, Idaho Michael Hoffman, Developer, Windfall Hills Subdivision but, for various reasons, portions of such July 2 I , 2008 MOU were not completed; and WHEREAS, CITY and DEVELOPER wish to replace such July 21, 2008 MOU with this 2009 MOU; and WHEREAS, CITY desires to construct improvements on Mountain View Road within CITY limits which improvements include paving, curb and gutter, sidewalks, and a drainage system; and WHEREAS, such improvements shall include Windfall Hills Subdivision frontage and the Hoffman-owned property immediately south of and adjacent to the Third Street extension (shown in the accompanying map); and WHEREAS, the installation of the Plat monumentation or payment of the total amount of sixteen thousand five hundred dollars 6,500) in security shall occur in accordance with the Monumentation Agreement dated July 2 1, 2008 on or before the date of filing of the final plat; and WHEREAS, dedication of Mountain View right-of-way and parkland or dedication of an easement for Street purposes by DEVELOPER necessary for CITY to complete Mountain View improvement work (as shown on the accompanying map) must occur by May 25, 2009; and WHEREAS, a portion of Windfall Hills Subdivision frontage shall be dedicated through the recording of the final plat by June 3, 2009; and 2009 MEMORANDUM OF UNDERSTANDING- WINDFALL HILLS PAGE 1 01'6 ---PAGE BREAK--- 530170 WHEREAS, remaining Hoffman-owned frontage on Mountain View shall be dedicated through a separate deed of dedication for the right-of-way and either a deed of dedication or an easement for parkland necessary for the existing asphalt trail sha ll be executed on or before June 3, 2009; and WHEREAS, DEVELOPER wishes to and hereby agrees to construct Janson Street from its current terminus near Damon Street to the north line of the Windfall Hills Subdivision (as shown on the accompanying map) and agrees that such work shall include paving, curb and gutter, sidewalks, retaining walls, a drainage system, and a water main, and shall occur within Phase I of Windfall Hills Subdivision; and WHEREAS, security may be utilized to defer construction of these improvements to a Phase subsequent to that of Phase I of the Windfall Hills Subdivision of the City of Moscow, Idaho as long as such deferral does not extend beyond the phase which includes the construction of the intersection of Windfall Court and Janson Street; and WHEREAS, DEVELOPER agrees to be financially responsible for all costs of the extension of Janson Street from the northern boundary of the Windfall Hills Plat to its connection with Janson Street at the corner of Janson Street and Damon Street (hereinafter "Janson Street Extension" as shown in Exhibit and WHEREAS, no party to this 2009 MOU wishes for this 2009 MOU to establish a precedence or to have any precedential value beyond this current MOU; and WHEREAS, this 2009 MOU is entered into voluntarily by both parties; and WHEREAS, time is of the essence in the execution of this 2009 MOU; and WHEREAS, the valuable consideration exchanged between the parties includes the commitment by DEVELOPER to complete the filing of the final Plat of the Windfall Hills Subdivision on or before June 3, 2009; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED This 2009 MOU affects property commonly known as the Windfall Hills Addition to the City o f Moscow, Latah County, Idaho and also affects the property shown as Hoffman Unplatted Property, both of which are more particularly described as follows and which are shown on the attached Exhibit the same as i f copied and transcribed herein: A. WINDFALL HILLS PLAT A parcel of land located in the SW 114 of Section 9, T39N, R5W, B.M., and being more particularly described as follows: 2009 MEMORANDUM OF UNDERSTANDING- WINDFALL HILLS PAGE20F6 ---PAGE BREAK--- 530170 Beginning at the Southwest Comer of said Section 9; thence along the westerly line of said Section 9, N 0°16'55" E, 793.64 feet, to the TRUE POINT OF BEG INNING: Thence continuing along said westerly line, N oo 16' 55" E, 456.89 feet; Thence departing said westerly line, N 67°28' 12" E, 179.00 feet; Thence S 89°45'15" E, 744.93 feet, along the southerly line of W.M. Dahmen's Replat of Lot 14 & Parts of Lots 10, 11, 12, 13 & 15 of Shield's Five Acre Tract Addition To The City Of Moscow, Idaho; Thence along the southerly line of Skyview Estates Addition to the City of Moscow, ID, S 89° 11 '47" E, 635.94 feet, to the southeast corner of said Skyview Estates; Thence S 89°3 1 '07'' E, 588. 1 1 feet; Thence N 0°03' 14" W, 156.94 feet, to the Southwest comer of Lot 5, Block 2 of Moser Estates Third Addition to the City of Moscow, ID; Thence along the southerly line of said Moser Estates Third Addition, S 89°32'39" E, 508.57 feet, to the southeast comer of said Moser Estates Third Addition; Thence S 0°48'25" W, 157.16 feet, to the Center-South 1/ 16 (CS 1/16) Comer; Thence along the easterly line of said SW 1/4 of Section 9, S 0°20'0 1" W, 329.48 feet; Thence N 89°33'23" W, 970.20 feet; Thence N 49°03'30" W, 59. 13 feet; Thence S 64°56'31" W, 89. 18 feet; Thence N 89°33'23" W, 973.45 feet, along the northerly line of the Rolling Hills Addition No. 6 To The City Of Moscow, Idaho, to the northwest comer of said Rolling Hills Addition No. 6; Thence S 46°04'46" W, 53.32 feet, along the northwesterly line of said Rolling Hills Addition No. 6; Thence departing said northwesterly line, N 48°09'15" W, 146.58 feet; Thence S 4JD50'45" W, 2 10.74 feet; Thence 240.93 feet along a curve to the right, Delta= 48°26' 10", Radius = 285.00 feet, Chord = 233.82 feet, and a Chord Bearing = S 66°03'50" W; Thence N 89°43'05" W, 69.81 feet, to the TRUE PO INT OF BEGINNING. Parcel contains 22.90 acres, more or less. B. HOFFMAN UNPLA TIED PROPERTY A parcel of land situated in the southwest quarter of the southwest quarter of Section 9, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho and being more particularly described as follows: Commencing at the southwest comer of said Section 9; thence N00° 16'55" E 660.27 feet along the west line of said section to the northwest comer of the Rolling Hills Addition No. 1 to the City of Moscow, Idaho as shown on the recorded plat thereof; thence S89°33 '24" E 30.00 feet, along the north boundary of said addition, to the easterly right-of-way line of Mountain View Road and the TRUE POINT OF BEGINNING; thence N00° 16'55" E 133.46 feet along said right-of-way line to a point on the south boundary of the proposed Windfall Hills Addition to the City of Moscow, the plat being on file with said City of Moscow; thence along said south boundary S89°43 '05" E 2009 MEMORANDUM OF UNDERSTANDING- WINDFALL HILLS PAGE3 OF6 ---PAGE BREAK--- 39.8 1 feet; thence continuing along said south boundary 240.93 feet along a curve to the left having a radius of 285.00 feet, a central angle of 48°26' 1 and a chord of N66°03'50" E 233.82 feet; thence continuing along said south boundary N4 1°50'45" E 2 10.74 feet; thence continuing along said south boundary S48°09' 15" E 146.58 feet to the westerly boundary of the Rolling Hills Addition No. 6 to the City of Moscow, Idaho as shown on the recorded plat thereof; thence along said westerly boundary S46°04'46" W 295.83 feet; thence continuing along said westerly boundary S l5°36'14" E 87.79 feet to the north boundary of said Rolling Hills Addition No. 1; thence N89°33'24" W 314.50 feet along said north boundary to the TRUE POINT OF BEGINNING. II. PUBLIC IMPROVEMENTS 530170 DEVELOPER agrees to design and install the following Jansen Street Extension public improvements, at DEVELOPER'S expense, pursuant to this 2009 MOU in accordance with CITY standards duly adopted by resolution of the City Council and in accordance with approved engineering plans : subgrade, paving, curb and gutter, sidewalks, retaining walls, pathways, drainage system, and a water main. DEVELOPER agrees to install the remaining Mountain View Road frontage public improvements, at DEVELOPER' S expense, shown on the approved Windfall Hills Subdivision engineering plans in accordance with the Development Agreement entered into between the parties on July 2 1, 2008. III. DEVELOPER SHALL DO ALL OF THE FOLLOWING: A. DEVELOPER shall assume total cost and financial responsibility for, and shall design and construct the Jansen Street Extension or, in lieu of construction, shall deposit with CITY in cash or security acceptable to City Council, sufficient monies to complete all improvements required by CITY in accordance with approved engineering design plans, to City standards, for the Janson Street Extension improvements from the north border of the Windfall Hills Plat to the intersection of Damon Street with the currently existing Janson Street prior to receiving building permits on lots within Phase I of the Plat. B. DEVELOPER shall grant to CITY a portion of street right-of-way contiguous with the east side of Mountain View Road from the south side of the Hoffman Unplatted Property to the north end of the western border of the Windfall Hills Plat for the widening of Mountain View Road to the east and, in addition, DEVELOPER shall also grant to CITY a pedestrian and bicycle path easement twenty five feet (25') wide, the length of such properties on or before June 3, 2009 for purposes of allowing the public to use the bicycle and pedestrian path public improvements. C. DEVELOPER shall grant a thirty five foot (35') wide easement for street purposes contiguous with the east side of Mountain View Road from the south side of the 2009 MEMORANDUM 01' UNDERSTANDING-WINDFALL HILLS PAGE40F6 ---PAGE BREAK--- 530170 Hoffman Unplatted property to the north end of the west border of the Windfall Hills Subdivision Plat for the widening of Mountain View Road to the east on or before May 25, 2009. D. DEVELOPER shall file the final plat for Windfall Hills Subdivision by June 3, 2009. IV. CITY SHALL DO ALL OF THE FOLLOWING: A. CITY shall construct improvements on Mountain View Road within CITY limits which improvements include paving, curb and gutter, and a drainage system. B. Such improvements shall include Windfall Hills Subdivision frontage and the Hoffman Unplatted Property immediately south of and adjacent to the Third Street extension (shown in the accompanying map). V. BINDING ON HEIRS AND ASSIGNS AND SUCCESSORS IN INTEREST This 2009 MOU shall be binding upon the heirs, assignees and successors in interest of the respective parties. VI. MODIFICATION DEVELOPER and CITY agree that the provisions of this 2009 MOU may be modified only upon written request of DEVELOPER accompanied by a complete set of plans, and acceptance of such plan modifications by the City Council or by a subsequent MOU between the parties. VII. SPECIFIC AGREEMENTS A. The parties hereby understand and agree that time is of the essence in this 2009 MOU and no building permit shall be issued for the Windfall Hills Plat until the filing of the Final Plat, installation of or the filing of security for the Plat Monumentation, and the construction of or placement of security for the public improvements within the Plat Phase for which the permits are requested, including the construction of Janson Street. B. DEVELOPER specifically understands and agrees that this 2009 MOU is entered into voluntarily and not because of any inducement, threat or pressure from CITY or any other party. C. This 2009 MOU supersedes Memorandum Of Understanding Between City Of Moscow, Idaho Michael Hoffman, Developer, Windfall Hills Subdivision entered into by the parties on July 21, 2008.) 2009 MEMORANDUM OF UNDERSTANDING- WINDFALL HILLS PAGE50f'6 ---PAGE BREAK--- IN W ITNESS WHEREOF, the parties have executed this 2009 MOU to be effective the date first above written. DEVELOPER: CITY: CITY OF MOSCOW, IDAHO STATE OF I D AHO ) ) ss. COUNTY OF LATAH ) ATTEST: ACKNOWLEDGMENT On this day of V/7 , 2009, before me, a Notary Public in and for said State, appeared Michael Hof a , known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative for DEVELOPER and has the legal authority to bind DEVELOPER to the duties and obligations contained in this 2009 MOU. 2009 MEMORANDUM OF UNDERSTANDING- WINDFALL HILLS 530170 No. AT THE REQUEST OF: (lay if( /HOdUtL oP::f& HouR: : f_!f f_ 3 SUSAN P E fEk;:. LATAH COUNTY RE Fee BY t/YEtttV f?IJ ;xU 03 f'.tLf /)1/J SOIW I f) 5 - PAGE60F6