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DEVELOPMENT AGREEMENT ROBINSON'S MOBILE HOME COURTS, INC. 1-U This agreement, entered into the _ 1989 between Robinson's Mobile Home Courts, Inc. , DEVELOPER, and the City of Moscow, a Municipal Corporation of Idaho, CITY. WITNESSETH: WHEREAS, the DEVELOPER desires to improve property adjacent to Almon Street; and WHEREAS, the CITY finds it in the public interest to acquire additional right-of-way and improve A«mon Street; NOW THEREFORE, AND IN CONSIDERATION FOR THE MUTUAL PROMISES CONTAINED HEREIN, IT IS MUTUALLY AGREED BETWEEN THE DEVELOPER AND THE CITY AS FOLLOWS: 1. That the property affected by this agreement is described in Exhibit A - Project Plans - which is attached to and made part of this agreement. 2. That any property deeded to the CITY pursuant to this agreement shall revert to the DEVELOPER or its successor should the CITY ever abandon the right-of-way. 3. That the City of Moscow shall adjust manholes and storm drains as described in Exhibit A - Project Plans. 4. That the DEVELOPER shall deed and dedicate to the City of Moscow, for public right-of-way and utility easement purposes, the property set forth in Exhibit B - Deed of Dedication. 5. The DEVELOPER has, prior to entering into this agreement, installed utilities, sewer lines, water lines, storm drains and other improvements which have been oversized to meet the anticipated development needs of the developer. Recognizing the DEVELOPER'S expenditure of time and money for installing said improvements, it is agreed that the DEVELOPER shall not be charged or assessed for any improvements, enlargements, or repairs to water, sewer or storm drain DEVELOPMENT AGREEMENT; Page 1 ---PAGE BREAK--- lines for the area within this project. Further, the DEVELOPERS have prepaid and been issued a building permit for installation of a total of 221 mobile home space units (this includes existing spaces). The DEVELOPER shall not be assessed or charged for any of the above described expenses unless those expenses are necessitated by development on DEVELOPER'S property in excess of the 221 spaces. Should other property owners or the City of Moscow deem it advisable to add additional improvements, enlargements, or repairs to water, sewer or storm drain lines, any cost associated therewith shall be the responsibility of the City of Moscow and/or the other third parties to the exclusion of the DEVELOPER herein; the DEVELOPER herein has already paid its fair proportionate share of said costs. Further, for the reasons hereinbefore expressed for a period of ten (10) years from the date of this agreement, the CITY shall pay the DEVELOPER'S share of any local improvement district for any installation, improvement, enlargement or repair of sidewalks, curbs, streets, or lights for the length of Almon Street adjacent to the property currently owned by the DEVELOPER within the limits of this project. 6. The DEVELOPER shall, at the DEVELOPER'S expense, by December 31, 1989, install curb and sidewalks to City standards along the west side of Almon Street in the area set forth in Exhibit A, attached hereto and incorporated herein as if though fully set forth at length. Further, once the aforementioned curb and sidewalk is installed by the DEVELOPER, then the City of Moscow shall complete the construction of the roadway along Almon Street to the then installed curb line at City expense. 7. TERM. This agreement shall have a term of ten (10) years from and after its execution. 8. This agreement shall be binding upon the heirs, assigns and successors of the parties. DATED this day of DEVELOPMENT AGREEMENT; Page 2 0! 1989. v DEVELOPER: President A eva sei:rtetary v- ---PAGE BREAK--- CITY OF MOSCOW: ATTEST: Elaine Russe,Citi Clerk STATE OF IDAHO COUNTY OF LATAH On t.his Notary Public, ) ) ss ) day of and aT , 1989, À#efo " me, , a personally appeared JS.;;mav:z;;,(. .cry known to me to be the president V' and secretary of Robinson Mobile Home Courts, Inc. and acknowledged to me that they executed the above document. DEVELOPMENT AGREEMENT; Page 3 /1 .r , / e ( ' Notary Public the State of Idaho residing at ---PAGE BREAK--- STATE OF IDAHO COUNTY OF LATAH ) ) ss ) Notary Public, personally known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the above document. DEVELOPMENT AGREEMENT; Page 4 ---PAGE BREAK--- EXHIBIT B DEED OF DEDICATION The GRANTORS, ROBINSON'S MOBILE HOME COURTS, INC. for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, do hereby deed, convey and dedicate unto the CITY OF MOSCOW, IDAHO, a Municipal Corporation, with offices at 122 East Fourth Street, Moscow, Idaho, for right-of-way and easement purposes, the following described real property, situated in the County of Latah, State of Idaho, to-wit: A parcel of land located in the northeast quarter of Section 7, T39N, R5W, Boise Meridian, Latah County, Idaho, more particularly described as follows: Beginning at the northeast corner of said Section 7, thence S86°30 '00"W along the north line of said Section 7 a distance of 394.57 feet to a point on the westerly boundary of the Burlington Northern Railroad; thence Sl0°06'00"W, along said westerly boundary, 1312.91 feet to a point, said point being the TRUE POINT OF BEGINNING; thence S10•06'00"W, continuing along said westerly boundary, 21.5 feet to a point of curve at railroad station 4578+94.9; thence southerly along said westerly boundary along a curve to the left with a radius of 2342.01 feet, a central angle of 8"20'54", a length of 341.24 feet and a chord bearing S05"55'33"W 340.94 feet to the northwest corner of the Robinson tract as described in Instrument No.367643 as recorded at the Latah County Courthouse, Moscow, Idaho; thence N88"14'54"W 41.87 feet; thence northerly along a curve to the right with a radius of 1663.52 feet, a central angle of 0°38'41", a length of 18.72 feet, and a chord bearing N02"46' 45"E 18.72 feet; thence N03°06'06"E 66.74 feet to a point of curve; thence northerly along a curve to the right with a radius of 4868.40 feet, a central angle of 1"46'52", a length of 151.34 feet, and a chord bearing N03°59'32"E 151.33 feet; thence N04°52'58"E 158.19 feet to a point of curve; thence northerly along a curve to the left with a radius of 1119.42 feet, a central angle of 12"51'43", a length of 251.29 feet, and a chord bearing N01"32'53"W 250.76 feet; thence N07"58'45''W 357.59 feet; thence S82"00'00"W 8.00 feet; thence northwesterly along a curve to the left with a radius of 790.59 feet, a central angle of 40"02'54", a length of 552.60 feet, and a chord bearing N28"01'27"W 541.42 feet; thence N48"02'54"W 195.02 feet to a point on the north line of said Section 7; thence N86°30'00"E, along said north line, 81.32 feet to the northwest corner of the Bizeau tract as described in Instrument No.366605 as recorded at said Latah County Courthouse, thence along the west line of said Bizeau tract to wit: S47"09'00''E 160.63 feet, S44"38' 00''E 74.55 feet, S41"58'00''E 74.80 feet, S32"29'00''E 126.40 feet to a point ---PAGE BREAK--- on the west boundary of Hingston's Second Addition to the City of Moscow as shown on the recorded plat thereof; thence S03°04'00"E, along said west boundary, 2.86 feet; thence southerly along a curve to the right with a radius of 850.59 feet, a central angle of 1°25'48", a length of 21.23 feet, and a chord bearing S27°01'3l"E 21.23 feet to a point on the south boundary of said Hingston's Second Addition; thence continuing southerly along the west line of the Inscore tract as described in Instrument No. 247763 as recorded at said Latah County Courthouse, along a curve to the right with a radius of 850.59 feet, a central angle of 18°18'37", a length of 271.83 feet, and a chord bearing S17°09'18"E 270.67 feet; thence S08°00'00"E continuing along said west line 109.26 feet to southwest corner of said Inscore tract; thence continuing S08°00'00"E 121.85 feet to the northwest corner of the Farnworth tract as described in Instrument No. 342782 as recorded at said Latah County courthouse; thence S08°00'00"E along the west line of said Farnworth tract 142.39 feet to a point of curve; thence southerly, continuing along said west line, along a curve to the right with a radius of 1150.77 feet, a central angle of 13°49'56", a length of 277.82 feet, and a chord bearing S01°05'02"E 277.14 feet to the TRUE POINT OF BEGINNING. IN WITNESS WHEREOF, the above named GRANTORS have hereunto set t.heir hands and seals this II day of CC'fQ.jffi 1989. STATE OF IDAHO County of Latah ) ) ss ) OWner On this II#. day of QeToeg , 1989, before me the undersigned, a Notary Public in Ánd for the State of Idaho, personally appeared and !L u!lc K• known to me to be the persons whose names are subscribed to the within instrument and .acknowledged to me that they executed the same. seal Mycolt,mission Notary Public fo Idaho residing at ttll!l:e.!!W "1:L!