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DEVELOPMENT AGREEMENT ROLLING HILLS FOURTH ADDITION TO THE CITY OF MOSCOW THIS AGREEMENT is entered into this 28th day of July , !998, by and between ltani and ltani Development I, LLC; and Rafik and Marysue Itani, husband and wife, and Abdul-Latif ltani (referred to as "DEVELOPERS"), being Developers of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation ofldaho (referred to as "CITY"). WITNESSETH WHEREAS, DEVELOPERS desire to begin development of the property known as Rolling Hills Fourth .Addition to the City ofl\1osco\v, Latah County, Idaho and WHEREAS, CITY desires to ensure that public improvements consisting of water, sanitary sewer, storm sewer, street, curbs and sidewalks are constructed; NOW THEREFORE, DEVELOPERS and CITY hereby agree as follows L PROPERTY AFFECTED This Agreement affects property located within the City of Moscow, Idaho, known as Rolling Hills Fourth Addition to the City of Moscow, Latah County, Idaho, and as shown in Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS All public improvements required by Moscow City Code Section 5-1-5(D) and including but not limited to water, sewer, storm sewer, streets, curbs, and sidewalks. All plans and drawings for such required public improvements shall be approved by the City Engineer prior to the beginning of any construction of any such public improvements. III TERM This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements are accepted by the CITY for maintenance. IV. CITY'S COVENANT CITY shall issue building permits for DEVELOPERS' development of Rolling Hills Fourth Addition or any approved phase thereof (upon payment of permit fees, public utility inspection fees of 0.75% of the City Engineer's estimated construction costs and satisfaction of CITY code requirements) only after construction and installation of all public improvements and acceptance of such by the CITY for maintenance OR AFTER DEVELOPERS HAVE PAID OR AFTER DEVELOPMENT AGREEl'v1ENT ROLLING HILLS FOURTH ADDITION Page 1 ---PAGE BREAK--- maintenance, the amount of security shall be reduced to reflect such completions, provided that such amount shall not be reduced to an amount less than the adjusted estimate of costs of the remaining improvements to be constructed. Security for the walkway improvements required herein between Lot 2, Block I, and Lot I, Block 2, shall be in the form of a restrictive covenant on all lots and parcels of land within the Rolling Hills Addition to the City of Moscow which are immediately north of each and every lot contained within the final plat of Rolling Hills Fourth Addition to the City of Moscow. Such restrictive covenant shall require that the walkway improvements required herein be constructed prior to the issuance of any building permit on any lot or parcel of land within the Rolling Hills Addition to the City of Moscow immediately north of Rolling Hills Fourth Addition to the City of Moscow. If for any reason the security for such improvements shall be withdrawn by DEVELOPERS or the surety or financial institution, or the value or terms thereof shall be compromised in any way, CITY shall immediately revoke any building permits issued and further, DEVELOPERS shall hold CITY harmless for any and all causes of action or damages alleged to have been sustained because of the revocation of such building permits. If any building permits are revoked pursuant to this or any subsequent Development Agreement, such building permits shall be re-issued upon receipt by CITY of new or additional security as required therein. VIIL PARKLAND DEDICATION DEVELOPERS agree to dedicate as parkland a parcel of land located in the northeast corner of the land commonly known as the Rolling Hills development currently owned by DEVELOPERS with a north-south dimension of approximately !40 feet and an east-west dimension of approxima:ely 250 feet; a parcel of land located along Mountain View Road adjacent to Paradise Creek as shown on the Rolling Hills Fourth Addition plat; and a 25-foot wide parcel of land along Mountain View Road as shown on Rolling Hills Addition No. I Plat, and to the north of Rolling Hills Addition No. 1. Said dedication shall satisfY the parkland dedication required in Moscow City Code Section 5-1-S(F) for Rolling . Hills No. I, No. 2, and No. 3, and for the remainder of the approximately fifty (50) acre parcel of land currently owned by the DEVELOPERS and commonly known as the Rolling Hills development IX CONSTRUCTION DRAWINGS DEVELOPERS agree to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of accurate, complete, mylar final construction drawings for the public improvements described herein, unless such DEVELOPMENT AGREEMENT ROLLING HILLS FOURTH ADDITION Page 3 ---PAGE BREAK--- 437056 requirement is waived by the City Engineer or is otherwise modified by a subsequent development agreement between the parties. X F AlLURE TO COMPLY DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement XI. BINDING ON HEIRS, ASSIGNS AND PURCHASERS This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XU OCCUPAl'ICY DEVELOPERS agree that no person shall be allowed to construct improvements or to occupy any part of Rolling Hills Fourth Addition for any purpose until the described public improvements are completed and accepted by CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. Such a subsequent development agreement may provide for the posting of security as provided for in Moscow City Code Section 5-1-10. XIII VENUE AND ATTORNEY FEES The parties agree that should any provision of this Agreement be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State ofldaho in and for the County of Latah. XIV. MODIFICATION DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPERS accompanied by a complete set of development plans, and acceptance of such modification by the City Council or by a subsequent development agreement between the parties. XV. COVENANTS TO RUN WITH LAND This Agreement shall run with the land affected hereby, as shall all covenants contained herein, and shall be to the benefit of CITY, its successors and assigns This Agreement shall be recorded with the Latah County Recorder. XVI. NOTICES Any notice required or called for by this Agreement shall be deemed served upon the party to whom it is sent when delivered by certified or registered United States Mail to the following addresses: DEVELOPMENT AGREEMEJ\<1 ROLLING HILLS FOURTH ADDITION Page 4 ---PAGE BREAK--- DEVELOPERS CITY Itani and Itani Development I, LLC; and Rafik and Marysue Itani and Abdul-Latifitani SW 1515 Wadleigh Dr. Pullman, W A 99163 Marshall H. Comstock, Mayor City of Moscow P 0 Box 9203 Moscow, Idaho 83843 Telephone (208) 883-7000 FAX (208) 883-7018 437056 IN WIT!>.'ESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPERS R£kital1;:1ndividually Abdul-Latifitani, individually By Rafik ltani, by power of a torney for Abdul-Latifitani DEVELOPMENT AGREEMEJ\TT ROLLING HILLS FOURTH ADDITION Page 5 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) On this28th day of July , 1998, before me, the undersigned, a Notary in and for said State, personally appeared Rafik Itani, in his official capacity as managing member of Itani and Itani Development, I, LLC, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same on behalf of said LLC. ) ss County of Latah ) On this 2Sth day of July 1998, before me, the undersigned, a Notary in and for said State, personally appeared Rafik Itani, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHE day and year hereina STATE OF IDAHO ) ) ss County of Latah ) d and affixed my official seal the On this 28thday of Jul , 1998, before me, the undersigned, a Notary in and for said State, personally appeared Marysue Itani, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that she executed the same. d and affixed my official seal the j y Residing at Mo_s_c_o _w _ My Commission expires: Page 6 437056 ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) On this28th day of ,July , 1998, before me, the undersigned, a Notary in and for said State, personally appeared Rafik Itani on behalf of Abdul-Latif Itani, by power of attorney for Abdul-Latif Itani, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto seY . y h , an . d affixed my official seal . the day and year / p , 1 , _ . L -'b.l'vl.c ltv'LJ DEVELOPMEN! AGREEMENT ROLLING HILLS FOURTH ADDITION NOTARY PUBLIC foriahO Residing at MoE>cow My Commission expires: 9-8-2003 ---PAGE BREAK--- Dean Weyen City Engineer City of Moscow Moscow, Idaho 83843 Re: Rolling Hills #4 Dear Dean, SW 1515 Wadleigh Pullman, WA. 99163 August 12, 1999 As a follow up to our discussions regarding the acceptance of the improvements of Rolling Hills I am providing the following statement to be included in the subdivision records. Itani and Itani Development I, LLC, authorizes the City of Moscow and the lots occupants of Rolling Hills #4 subdivision to discharge storm water on our undeveloped land north of the said subdivision. We also hold harmless the City and lot owners from damages resulting from such discharges until such time when the adjacent land is developed storm sewer stubs are provided for discharging storm water into the main storin water system. At that time, the lot owners will be expected to connect to the provided stubs and our authorization to discharge storm water on adjacent lots will terminate. I trust that this statement meets the City requirement to accept the improvements made in Rolling Hills Sincerely, 0+ - Rafik ltani Managing Director Itani and Itani Development 1, LLC