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446436 DEVELOPMENT AGREEMENT WAYNE ROBINSON AND CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into this tf' day of S£Prrl"\/1,cB, , 199:t_, by and between Wayne Robinson (referred to as DEVELOPER), being Developer of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, ID 83843 (hereinafter referred to as "CITY"); WITNESSETH WHEREAS, DEVELOPER desires to develop property located within the City of Moscow, Idaho, being more particularly described as follows: A parcel of land located in the E Y, NE \4 Section 7, T39N RSW BM, Latah County, Idaho, and being more particularly described as follows: Beginning at a point on the western right-of way line of Burlington Northern Railway Company, which point is measured 892.71 feet South 10°06' West and 394.57 feet South 86°30' West (measured along the Section line) of the Northeast comer of Section 7, T39N R5W BM, and the TRUE POINT OF BEGINNING. Thence S 79°54'00" E, 100.00 feet to the east boundary of said railroad right-of-way; Thence S 10°06'00" E, 177.80 feet along the east boundary of said railroad right-of-way; Thence N 79°54'00" W, 50.00 feet to the centerline of said railroad r:ght-of-way; Thence S 10° 06'00" W, 39.15 feet along the centerline of said railroad right-of-way; Thence S 8T22'36" W, 81.30 feet to the east right-of-way line of North Almon Street; Thence northerly 89.94 feet along said right of way on a curve to the left (Delta= 4° 24'03", Radius= 1171.00 feet, Tangent= 44.99 feet, Chord bearing N 5°40'46" W, 89.92 feet); Thence continuing along said right-of-way N 8°00'00" W, 142.39 feet; Thence N 88° 14' 00" E, 63.11 feet; Thence S 79°54'00" E, 36.23 feet to the TRUE POINT OF BEGINNING. Said parcel contains 0.79 acres more or less. WHEREAS, DEVELOPER understands that a waiver of public improvements is available pursuant to the Moscow City Code, but DEVELOPER specifically does not wish to request such a waiver and wishes to enter into the Agreement herein; and WHEREAS, DEVELOPER enters into this Development Agreement of his own free will and accord, without coercion and without inducement and at DEVELOPER'S request; and WHEREAS, DEVELOPER understands that improvements required herein are standards required pursuant to Moscow City Code Title 5, Chapter 1, and are authorized by Idaho Code Section 67-6513 and Section 67-6518; and WAYNE ROBINSON DEVELOPMENT AGREEMENT Page 1 C:9-75 ---PAGE BREAK--- 446436 WHEREAS, DEVELOPER agrees that the public improvements required herein are necessary to provide for mitigation of the affects of the subdivision development on the ability of CITY to deliver services without compromising quality of such service delivery to current City residents, the public, or imposing substantial additional costs upon current City residents to accommodate the proposed subdivision; and WHEREAS, DEVELOPER and CITY believe that, without the public improvements required herein, CITY would not be able to otherwise provide for mitigation of the effects of the subdivision development on the ability of CITY to deliver services without compromising quality of such service delivery to current City residents or without imposing substantial additional costs upon current City residents to accommodate the proposed subdivision; and WHEREAS, CITY desires to ensure that public improvements and appurtenances consisting of earth work, base aggregate, asphalt paving, curb and sidewalk are constructed or upgraded; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail himself of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: L PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, being more particularly described as follows: A parcel of land located in the E Y, NE \4 Section 7, T39N RSW BM, Latah County, Idaho, and being more particularly described as follows: Beginning at a point on the western right-of way line of Burlington Northern Railway Company, which point is measured 892.71 feet South 10°06' West and 394.57 feet South 86°30' West (measured along the Section line) of the Northeast comer of Section 7, T39N R5W BM, and the TRUE POINT OF BEGINNING. Thence S 79°54'00" E, 100.00 feet to the east boundary of said railroad right-of-way; Thence S 10°06'00" E, 177.80 feet along the east boundary of said railroad right-of-way; Thence N 79°54'00" W, 50.00 feet to the centerline of said railroad right-of-way; Thence S 10° 06'00" W, 39.15 feet along the centerline of said railroad right-of-way; Thence S 87°22'36" W, 81.30 feet to the east right-of-way line of North Almon Street; Thence northerly 89.94 feet along said right of way on a curve to the left (Delta= 4° 24'03", Radius= I I 71.00 feet, Tangent= 44.99 feet, Chord bearing N 5°40'46" W, 89.92 feet); Thence continuing along said right-of-way N 8°00'00" W, 142.39 feet; Thence N 88°14'00" E, 63.11 feet; Thence S 79°54'00" E, 36.23 feet to the TRUE POINT OF BEGINNING as shown in Exhibit attached hereto and incorporated herein by this reference. Said parcel contains 0.79 acres more or less. WAYNE ROBINSON DEVELOPMENT AGREEMENT Page2 ---PAGE BREAK--- IL PUBLIC IMPROVEMENTS: 446436 DEVELOPER agrees to install, at DEVELOPER'S expense, all public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5, including but not limited to earth work, base aggregate, asphalt paving, curb and sidewalk; all in accordance with City standards. 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 DEVELOPER'S development or any approved phase of the development thereof (upon payment of permit fees, public utility inspection fees of point seventy-five percent (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 adequate security as described in Moscow City Code Section 5-1-10 and as described in Sections VI and VII herein has been provided to ensure proper construction of the required public improvements. V DEVELOPER'S COVENANT: A DEVELOPER agrees to install all public improvements required herein, at DEVELOPER'S expense, in accordance with approved plans for DEVELOPERS' development, to City standards during and under the terms of this Agreement. All plans and drawings shall be approved by the Moscow City Engineer prior to the beginning of any construction of improvements; and B. DEVELOPER agree that DEVELOPER shall install the required improvements within nine months from the date of the issuance of the first building permit; and C. If DEVELOPER fails to complete installation of the required improvements within nine months from the date of the issuance of the first building permit, to City standards, CITY shall revoke occupancy of the entire development, revoke any applicable permit issued to DEVELOPER by CITY and shall cease to issue further building permits for the affected property until such improvements are completed, and in accordance with approved engineering plans for the public improvements described in Section II of this Agreement. WAYNE ROBINSON DEVELOPMENT AGREEMENT Page3 ---PAGE BREAK--- VI. SECURITY FOR IMPROVEMENTS: 446436 In lieu of DEVELOPER'S construction and installation of all public improvements required herein and CITY's acceptance of such for maintenance, CITY agrees that upon receipt of the adequate security described in Moscow City Code Section 5-1-10 it will issue building permits (upon payment of permit fees, public utility inspection fees of point seventy-five percent (0.75%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPER'S development If DEVELOPER fails to complete installation of the public improvements as required by CITY, CITY may attach the security and cause the improvements to be made or CITY may cause improvements to be made and attach a lien on the property in the amount of CITY expenses incurred as a result of DEVELOPER'S failure to comply with this Agreement Any engineering or construction costs in excess of the security shall be borne by DEVELOPER Any additional construction services shall be let by bid, and subject to the laws of the State of Idaho relative to the letting of such bids. VIL FORM OF SECURITY: DEVELOPER agrees to provide security in the amount of twenty-four thousand seven hundred dollars ($24, 700) for public improvements as identified and described herein. The security shall be in the form of cash, construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other form of security acceptable by CITY Such security shall be provided to CITY prior to the issuance of building permits by CITY The security must be effective for a minimum period of one year from the date of the issuance of the first building permit If this security is in the form of an irrevocable letter of credit or bond, the secured improvements shall be constructed at least ninety (90) days prior to the expiration date of the security. If the public improvements identified and described in Section II are not completed at that time, CITY may claim the security and complete the said improvements. The amount of the security may, from time to time, be modified as deemed appropriate by the Moscow City Engineer as conditions warrant If for any reason the security for such improvements shall be withdrawn by DEVELOPER or the security or financial institution, or the value or terms thereof shall be compromised in any way, CITY shall immediately cease issuing building permits and shall revoke any building permits and/or occupancy permits issued pursuant to the terms contained herein, and further, DEVELOPER 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 and/or occupancy permits are revoked pursuant to this section, such building permits and/or occupancy permits shall be re-issued upon receipt by CITY of new or additional security as required herein. VIII CONSTRUCTION DRAWINGS: DEVELOPER agrees 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 requirement is waived by the City Engineer. WAYNE ROBINSON DEVELOPMENT AGREEMENT Page4 ---PAGE BREAK--- IX. FAJLURE TO COMPLY: 4 46 436 DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. X. 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. XI. OCCUPANCY: Any occupancy which occurs prior to the completion of public improvements as set out in Section II herein shall be temporary and conditional until all public improvements have been completed. XIL 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 ofidaho in and for the County of Latah. XIII MODIFICATION: DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPER 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. XIV. 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. XV. 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: DEVELOPER: Wayne Robinson 2015 N. Polk Extension Moscow, ID 83843 WAYNE ROBINSON DEVELOPMENT AGREEMENT Page5 ---PAGE BREAK--- CITY: XVI UNDERSTANDING: Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 206 East 3rd Street Moscow, Idaho 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 DEVELOPERS has read and understood this Agreement and the contents thereof and has had the opportunity to avail himself of legal and of other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPERS: Wayne Robinson STATE OF IDAHO ) ) ss County of Latah ) CITY: On this \3+h day of Stf"iU.\.0E.r<. 1999, before me, the undersigned, a Notary in and for said State, personally appeared Wayne Robinson, 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 set my hand and affixed my official seal the day and year hereinabove written. , , NOTARY PUBLIC for ld o . , . Residing at fY\CSc.e...,J . ::I:.i>AftO · · My Commission expires: os/os-/o'J • , · . . r{t 1 • . 1 / '0 ; \ !gr\ljl$%&:elop'jnt Agreement Wayne Robmson!sk . . · ' _ ( (f WAYNE ROBINSON DEVELOPMENT AGREEMENT Page6 ---PAGE BREAK--- Reliance RELIANCE SURETY COMPANY Philadelphia, UNITED PACIFIC INSURANCE COMPANY Philadelphia, RELIANCE INSURANCE COMPANY Philadelphia, RELIANCE NATIONAL INDEMNITY COMPANY Philadelphia, PLAT BOND Bond No. U2482110 Wayne Robinson DBA: KNOW ALL PERSONS BY THESE PRESENTS, That we, AWR Cons true ti on called the Principal, and UNITED PACIFIC INSURANCE COMPANY, a Corporation, called the Surety, are held and firmly bound unto Cit of Moscow called the Obligee, in the sum of Tl"E 24,700.00 for the payment thereof said Principal and Surety, bind themselves firmly by these presents. WHEREAS, Principal is developing a certain tract of land in _ . i ty'-' o M s c _ described as 810 No. Almon, Moscov1, Idaho 8333 and Moscow City Code 5-1-4 and 5-1-5, including but not limited to earth work, base aggregate, asphalt pav1ng, curb and sidewalR; a11 1n accordance with City standards WHEREAS, as a precondition to approving the plat, Obligee requires that Principal make those improvements as more particularly set forth in Development agreement (hereinafter referred to as the Improvement Specifications) NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the improvements described in the Improvement Specifications on or before September 21 Xll9 2000 (or within such further extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety), then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject to the following conditions: 1. This bond runs to the benefit of the named Obligee only, and no other person shall have any rights under this bond. No claim shall be allowed against this bond after the expiration of one year from the date set forth in the preceding paragraph, or one year from the end of the latest extension of time consented to in writing by Surety, whichever occurs last. 2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the reasonable cost of completing the improvements described in the Improvement Specifications not completed by the Principal, or the sum of this bond, whichever is less. This bond is executed and becomes effective this 21st day of September Wayne Robinson DBA: AWR Construction Principal By: Hxl! Title 199 ---PAGE BREAK--- UNITED PACIFIC INSURANCE COMPA;'IlY RELIANCE NATIONAL INDEMNITY COMPA!I.Y ADMINISTRA TI\IE .OFFICE, PHILADELPHIA, POWER OF AT'fORNJ';Y KNOW All MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY. 1$ . a corporation duly organized. under the. laws of the State. o!Del, aware, and that .RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, <>re corporations. duly organized undei thƿlaws. of lh-Et Cpmmonwealth of and that RELIANCE:f!4ATtONAL isǀ- corporation duly_ organi:z_ed under th£l; laws _ _ 'b:f the State of Wis'C:Onsin (herǁJn coUeetiveJy ca:Ue1ent w «her offlcer-deslgnatm:f by the_ si:latd ot Oir°mtors sMll have Plty 'or ctt¢r coridfrion$-or' oorlgatcity Undertakings iilhd ttmy shall ahiq have poˆr and -authoritY to cenlfy stat-ement of the Comparw and w copies-of the 8y-l.ANY, UNITED .PACIFIC INSURANCE CDMP the-above and _foregoing--is a true -and_ correct -copy of the_f>Ower .IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals .of said Companies this. 21 S tday of 19