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442623 DEVELOPMENT AGREEMENT BETWEEN CRITES-MOSCOW GROWERS, INCORPORATED AND CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into this 3day of e 1999, by and between CRITES-MOSCOW GROWERS, INCORPORATED, an Idaho corporation (referred to as "DEVELOPER"), 211 West 8'h Street, Moscow, Idaho 83843, being owner and 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, Idaho, 83843, (hereinafter referred to as "CITY"); WITNESSETH: \NHEREAS, DEVELOPER desires to begin redevelopment of the property commonly known as 211 West 81h Street in the City of Moscow, Latah County, Idaho, as shown on Exhibit "A • attached hereto and incorporated herein by this reference; and 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 this Agreement; and WHEREAS, DEVELOPER enters into this Agreement of its 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 for subdivisions pursuant to Moscow City Code Title 5, Chapter 1 and are authorized by Idaho Code Section 67-6513; and WHEREAS, DEVELOPER agrees that the public improvements required herein are necessary to 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, the public, or imposing substantial additional costs upon current City residents to accommodate the proposed subdivision and redevelopment; and WHEREAS, DEVELOPER and CITY believe that, without the public imp\·cvements 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 redevelopment; and WHEREAS, CITY desires to ensure that public improvements consisting of catch basin, storm sewer, street paving, curbs, and sidewalks are constructed; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail itself 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: DEVELOPMENT AGREEMENT Par,e 1 of 5 99-21 ---PAGE BREAK--- ' ' I. PROPERTY AFFECTED: 442623 This Agreement affects property located within the City of Moscow, Idaho, commonly known as 211 West 8th Street in the City of Moscow, Latah County, Idaho, and as shown on Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER'S expense, all public improvements required by Moscow City Code Sections 5-1-5(D) and including but not limited to catch basin, stonn sewer, street paving, curbs, and sidewalks; all in accordance with City standards. All plans and drawings for such required public improvements shall be approved by the Moscow City· Engineer prior to the beginning of any construction of any such public improvements. Ill. TERM: This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements are accepted by CITY for maintenance. IV. CITY'S COVENANT: CITY shall issue building pennits for DEVELOPER'S redevelopment of 211 West 8th Street (upon payment of permit fees, public utility inspection fees of seventy-five percent (0.75%) of the Moscow City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) only after construction and installation of all public improvements and acceptance of such by CITY for maintenance or after DEVELOPER has paid or after adequate security as described in sections VI and VII has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: DEVELOPER agrees as follows: A. DEVELOPER agrees to install, at DEVELOPER'S expense, for the south side of Eighth Street adjacent to its property, curb, sidewalk, catch basin, stonn sewer, and asphalt necessary to construct improvements in accordance with approved plans for DEVELOPER'S development, to City standards during and under the tenns of this Agreement. All plans and drawings shall be approved by the Moscow City Engineer prior to the beginning of any construction of improvements. B. DEVELOPER agrees that DEVELOPER shall install the required improvements within six months from the date of the issuance of the first building penni!; and C. If DEVELOPER fails to complete installation of the curb, sidewalk, catch basin, stonn sewer and asphalt paving within six months from the date of the issuance of the first building penni!, to City standards, CITY shall revoke occupancy of the entire development, revoke any applicable penni! issued to DEVELOPER by CITY and shall cease to issue further building pennits for the DEVElDPMENT AGREEMENT Page 2 ofS ---PAGE BREAK--- 442623 affected property until such improvements are completed, and in accordance with approved engineering plans for 211 West e'h Street, the public improvements described in Section II of this Agreement. VI. SECURITY FOR IMPROVEMENTS: CITY agrees that upon receipt of the security described in section VII it will issue building permits upon payment of permit fees, public utility inspection fees of seventy-five percent (0.75%) of estimated construction costs and satisfaction of CITY code requirements for the DEVELOPER'S development. If DEVELOPER fails to complete construction of the required public improvements to City standards, within six months from the date of the issuance of the first building permit, CITY may attach the security and cause the improvements to be made. 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. VII. FORM OF SECURITY: DEVELOPER agrees to provide security in the amount of Eleven Thousand Three Hundred Fifteen Dollars ($11,315.00) 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-hundred twenty (120) days 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 revoke any building 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 are revoked pursuant to this section, such building 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 Moscow City Engineer or is otherwise modified by a subsequent development agreement between the parties. IX. FAILURE TO COMPLY DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement DEVEWPMENT AGREEMENT Page 3 of5 ---PAGE BREAK--- X. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: 442623 This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XI. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to construct improvements or to occupy any part of the redevelopment of 211 West 8th Street 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. XII. 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 of Idaho 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 Moscow 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, Idaho 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: CITY: DEVELDPMENT AGREEMENT Crites-Moscow Growers, Inc. P.O. Box 8912 212 West 81h Street Moscow, Idaho 83843 Telephone: (208) 882-5519 Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 206 East 3'd Street Moscow, Idaho 83843 Telephone (208) 883-7000; FAX: (208) 883-7018 Page 4 of5 ---PAGE BREAK--- 442623 XVI. UNDERSTANDING: DEVELOPER has read and understood this Agreement and the contents thereof and has had the opportunity to avail itself 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. DEVELOPER: STATE OF IDAHO ) ) ss County of Latah ) · On this day of /()IJAc 1999, before me, the undersigned, a Notary in and for said State, persoflallY appeared Thomas Druffel, in his capacity as General Manager of Crites-Moscow Growers, Inc. known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same; and that he is the duly authorized representative of Crites-Moscow Growers, Inc. and has specific legal .authority to bind Crites-Moscow Growers, Inc. to this Agreement. and affixed my official seal the day and C:\Legai\OEVELOPMENT AGREEMENT.Crites-Moscow.doc-cb DEVELOPMENT AGREEMENT Page 5 of5 ---PAGE BREAK--- 6• C>Ho Sl':W!:R I . , · , ---PAGE BREAK--- -/eve loptve.l\+ If0< E.'Xh ib; + cr-i+es-,IV'/cse.o; &r-cwe,-s.. , B n ) 442623 1. 2. 3. 4. 5. 6. Curb SOUTH CRITIES BUILDING • RESEARCH CENTER II DEVELOPMENT AGREEMENT COST ESTIMATE 125 feet $8.50 I ft $1,050 Sidewalk 125 feet $20.00 I ft $2,500 *Pave 4' wide, 4" deep 125 feet $15.00 I ft $1,875 *18' wide, 1" pvm"t overlay 20 tons $651 ton $1,300 Catch basin 1 each $750 I ea. $750 8" Stonn sewer 30 feet $60 I ft $1,800 Estimated Construction Cost . . . . $9,275 Contingency@ $925 Engineering & Administration @ 12% . . . . . . . . . . . . . . $1,115 Total Estimated Cost. . . . • . • . . . . . • • • . . . . . . . . . . $11,315 • This assumes that 4' of the existing pvm't will be removed, the curb installed, and then repaved to the curb and that an overlay to near centerline will be needed to construct the proper crown section. Dean C. Weyen, P.E. Assistant City Engineer February 12, 1999 Note: This estimate was prior to there being approved, engineered plans for the required public improvements; therefore the exact scope of work may vary once plans are available. ---PAGE BREAK--- BOND B2882129 KNOW ALL MEN BY THESE PRESENTS, That We, Growers, Inc. hereinafter called Principal, and UNITED PACIFIC INSURANCE COMPANY, hereinafter called Surety, are held and firmly bound unto City of Moscow, ID to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their respective heirs, administrators, executors, successors and assigns, jointly and severally by these presents. WHEREAS. said Principal has received authorization from the Obligee for development of 211 West 8th St. in Moscow, ID WHEREAS, the Principal is reqnired to undertake public improvements Tp c 1 ••di ng catah basin, storm sewer. street paving, curbs and sidewalks. as outlined in Development Agreement between Cri tes-Moscow Growers, Inc. and City of Moscow, ID NOW THEREFORE, the condition of this obligation is such, That if the Principal shall well and truly keep and perform all matters and things in said Agreement; then this obligation shall be null and void, otherwise to remain in full force and effect. It is hereby understood and agreed that the penal sum of this bond shall not exceed the sum as stated above. IN WITNESS WHEREOF, Principal and Surety have executed this bond this _ day March 1, 1999 Crites-Voscow Growers, Inc. By: JJtca•m. J H c..-r UNITED PACIFIC INSURANCE COMPANY - . • . 4-L\ By:. ŔLŕ< A { , JLLS . Audette Karan Attorney in-fact ---PAGE BREAK--- State of Minnesota County of Ramsey }ss: On this 26th day of February in the year one thousand nine hundred and 8 99 . before me. Jeanne Schanzenbach • a Notary Public in and for said County 9 and State. residing therein, duly commissioned and swom, personally appeared Atidette Karan • known to me to be the duly authorized Attomey-in·fact of the United Pacific Ins. Co. z and the same person whose name is subscribed to the within instrument as the Attorney-in·fact of said Company. and the said w Audette Karan duly acknowledged to me that he sub· V scribed the name of the United Pacific Insurance Company thereto as Surety and his own name as Attorney· 0 in·fact. w IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first 7 z u > w a: above written. 31, My Commiuion Exoires ao-141o eo. 6176 STATE OFJc¥h.£ -t COUNTY OF )ŋt-Ŋ . On . _ .39c day o£ ·tL?9 before me pereonally came '1'!1ʼn _J that he ia tha Ō!lŗr..1.0.L\f\.g\C!.L . _ of the Y.:J!ō§::ŎŏB - ' ' - - - - AOMINISTRATIVE OFfiCE, . I'HilAOEl.I'HIA;.l'EI\INSYL VANIA·.·. PQWER OF ATIOR.N!:Y KNOW A\.1. MEN BY THE$1! PRESENTS, that 1!EUANI:E SURETY COMPANY ia a corporation duly organized under th\1 Iowa of the S´cot•l)el awere, •Oi:ISthat REUANCE ·INSURANCE COMPANY•and. ;UIII ••·•Qfi)Otationa duty orQ8!!it·lr!M M. $chonzonbRh, Á F. Tufte 4f Ł!'fa their trUe-- end _ wfuJ Attoiney(s}..jn--Faot. to _'Jriake,- exeeute;.->tleel •nd jfefiver for and on their behe1fi_ and u their act and to .XǸ n Clftift.d by fǰ Ƿ- and t--Ȏ be vaid W tlindino _upon the in'lhl tucure with to .w bonD -or 4liking _to which Jt • tltt IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this hbruary 5Ǯ 1998. + , STATE OF } COUNTY OF Philadelphia } ss. RELIANCE SURETY COMPANY REUANCE INSURANCE cOMPANY UNITEO PACIFIC INSURANCE COMPANY RELIANCE NATIONAL COMPANY Dae/?- On this, February 5, 1998, before me, Valencia Wortham, personally appeared David T. Akera, who acknowledged himse!f to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Companyņ and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporatio!'l by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seat Notarial Seal Valencia Wortham, Nolary PubriC Philadelphia. Philadelphia County My Commission Expires Nov. 18, 2000 Notary PubJic in and for the State of Residing at Philadelphia I, Anita Zippen. Secretary of REUANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY • . and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the -above and foregoing is a true and correct -copy of the Power :of Attorney executed by said Companies. which is still in full force and effect. W ȁ"Ȃ' M-Ǿ oO ǩ Ǫ ǭ' Secretary " ' ' '