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COOPERATIVE DEVELOPMENT AGREEMENT CITY OF MOSCOW, IDAHO -It, DEVELOPMENT AGREEMENT is entered into this day of 2014, by and between 409 S. Jackson Street LLC, Mark Wintz, managing me ber (referred to as DEVELOPER), being a 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 "CITY"); W I T N E S S E T H : WHEREAS, DEVELOPER is developing property located within the City of Moscow, Idaho, being more particularly described as follows: Sidewalk and street frontage improvements located within the public right-of-way adjacent to 409 South Jackson Street and 315 South Jackson Street in Moscow, Idaho, said project to include, generally, sidewalk improvements, curb improvements, street trees and street lighting luminaires, as shown in Exhibit to this Development Agreement. WHEREAS, DEVELOPER enters into this Cooperative Development Agreement of its own free will and accord, without coercion and without inducement and at DEVELOPER's understanding, these improvements are a direct benefit to DEVELOPER's business, including access to DEVELOPER's business; and WHEREAS, DEVELOPER has worked with CITY in developing the street frontage improvements to DEVELOPER's business, and in securing CITY's financial participation in the development of the street frontage improvements; and WHEREAS, DEVELOPER understands that improvements required herein are in conformance with 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 WHEREAS, DEVELOPER agrees that the public improvements (sidewalk and street frontage improvements) are necessary .to provide for mitigation of the effects of the development of the building improvements constructed at 409 South Jackson Street on the ability of CITY to deliver services without compromising quality of such service delivery to current CITY residents, or to the public, or imposing substantial additional costs upon current CITY residents to accommodate the proposed improvements of demolition and replacement of sidewalks; and WHEREAS, CITY desires to ensure that public improvements and appurtenances consisting of sidewalk improvements, curb improvements, street trees and street lighting luminaires adjacent to 409 South Jackson Street and are constructed or upgraded to continue approximately forty feet (40') to the north of DEVELOPER's business; and WHEREAS, DEVELOPER and CITY agree to extend the street frontage improvements to the north of DEVELOPER's business which will provide continuity to the street frontage to that particular block of Jackson Street, which will benefit DEVELOPER's business and CITY; and DEVELOPMENT AGREEMENT - 409 S. JACKSON LLC; CITY PAGE I OF 6 Lo4- ---PAGE BREAK--- 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: I. PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, commonly known as 409 South Jackson Street and adjacent public right-of-way, and as shown in Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, in accordance with City standards and the cost allocation contained in Exhibit attached hereto and incorporated herein by this reference, street frontage improvements, including, but not limited to, sidewalk improvements, curb improvements, street trees and street lighting luminaires, all in accordance with City standards. DEVELOPER agrees that street frontage improvements shall be completed as set out in Exhibit attached hereto. All plans and drawings for such required public street frontage 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 street frontage improvements required herein are constructed and installed and such public improvements are accepted by the CITY for maintenance. IV. DEVELOPER'S COVENANT: DEVELOPER agrees to install said public street frontage improvements required herein, in accordance with the cost allocation contained in Exhibit and the approved plans for DEVELOPER's development, to CITY standards during and under the terms of this Agreement. All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements; and V. WARRANTY A. All required public street frontage improvements, once constructed and accepted by CITY for ownership and maintenance, shall remain free of defects in materials and workmanship for a period of one year following the date of CITY's written acceptance of such required public improvements warranty period). DEVELOPMENT AGREEMENT - 409 S. JACKSON LLC; CITY PAGE 2 OF 6 ---PAGE BREAK--- B. DEVELOPER shall be responsible for correcting any and all deficiencies which occur within the one year warranty period. C. If DEVELOPER fails to correct all deficiencies within a reasonable amount of time, CITY may take appropriate legal action. VI. CONSTRUCTION DRAWINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public street frontage 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. VII. CONSIDERATION: DEVELOPER agrees said public street frontage improvements are a direct benefit for DEVELOPER's business, including access to DEVELOPER's business. VIII. 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. IX. 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. X. 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. XI. 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: 409 S. Jackson St. LLC Mark Wintz, Managing Member 3575 Lenville Road Moscow, ID 83843 (509) 596-5555 DEVELOPMENT AGREEMENT - 409 S. JACKSON LLC; CITY PAGE 3 OF 6 ---PAGE BREAK--- CITY: XII. UNDERSTANDING: Bill Lambert, Mayor City of Moscow P 0 Box 9203 Moscow, ID 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 DEVELOPER has read and understands 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: By: Mar STATE OF IDAHO ) ) ss: County of Latah ) CITY: City of Moscow, Idaho On this Jf) day of 2014, before me, the undersigned, a Notary in and for said State, personally appearearuarkWiflti Managing Member, 409 S. Jackson, LLC, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same as the duly authorized representative of 409 S. Jackson St. LLC. DEVELOPMENT AGREEMENT - 409 S. JACKSON LLC; CITY PAGE 4 OF 6 ---PAGE BREAK--- Exhibit Project Design Diagram DEVELOPMENT AGREEMENT - 409 S. JACKSON LLC; CITY PAGE 5 OF 6 !UCJKID UiO DA-Tm ---PAGE BREAK--- 0 tT1 < tT1 i i I ū 0 'Cl g .0 n tT1 0 Jackson Street Sidewalk and Curb@ EMSI Cost Summ•ry • I No. I EMSI ,J I I EMSI unit Unit Price Amount 1 MobiliZ11t10n 1 LS $3,72160 S 3,72160 2 Remo and 015pose or Concrete Street 146 s y $ 12.12 s 1,769 52 3 Remow and Dispose or Concrete Sidewalk 107 s y $ 13.20 s 1,412 40 4 Remo...e and Dispose or Concrete Curb 175 LF $ 3.65 s 638 75 5 Remo-.e Tree ' EA S 39200 S 1,960 00 6 Remow Lummaire 1 EA $ 224.00 $ 224 00 7 Construct Concrete Curb 175 LF $ 25 60 s 4,480 00 6 Construe! Concrete Sidewalk 258 SY $ 47.58 s 12,275 64 9 Construct Concrete Street 20 s y $ 218.40 s 4,368 00 10 Constn.JCt Pedestrian Ra!Tl) 2 EA $ 560.00 S 1, 120 00 11 Constn.JCt fr' PVC Storm Dram 162 LF $ 52.27 $ 8,467 74 12 Constn.JCt Catch Basin " EA 2389.33 s 7, 167 99 13 Construct Tiff Well $ EA 806.40 s 4,032 00 14 Tree W•ll Grate and Tree 5 EA 950 ad s 4,750 oo 14 lumina1re Complete wl Pole, Condurt, Wire J EA $8,000 00 524,000 00 15 Traftie Control 1 LS $3,02000 S 3,02000 16 Testing 1 LS $2,500 00 s 2,500 00 17 CONTINGENCY S1Z888.15 TOlal $96,793 79 August 22, 2014 ExtenslOf'I North • Corrilined Costs c:7.J I I ComOOed J Pawmert ,J ,J Jstreeterewl l Wintz ,I EMSI Qua . Ullit Unit Price C«y Amoutt Amoult Gem Grant Ŭŭ sNv Street Lighl:s labor Arts Contribution ContriblAion I TŮal I 1 LS $ 80000 S 800 00 s 4,521 60 s 1,000 00 s 200 00 s 650 00 s 200 00 s 1,200 00 s 1,271 60 4,521 60 59 s y $ 1212 $ 715 OB S 2,484 60 $ 1,769 52 s 715 08 s 2,484 60 105 s y $ 1a20 s i.386 oo s 2,798 40 $ 2,798 40 2,798 40 69 LF $ 365 $ 251 85 $ 890 60 $ 890 80 89060 2 EA $ 392.00 S 784 00 $ 2,744 00 $ 784 00 s 1,960 00 s 2,744,00 0 EA $ 224.00 S $ 224 00 $ 224 00 224 00 0 11 LF $ 2560 $ 1,971 20 s 6,451 20 s 4,480 00 $ 1,971 20 117 s y $ 47_59 s s.566 es s 17,642 50 s 8,592 95 s .249 ss" 10 s y $ 21840 s 2,18400 s 6,552 00 s 4,368 00 s 2, 184 00 0 EA $ 66000 S s 1,120 00 s 764 00 s 331500' -162 LF $ 52.27 $ (8,487 7A S $ 3,000 00 • s (8_0000 ) s 1•000 ) s 2.0000 • 3,"67 7• 8,451 20 tT:l n s 17,842 50 - f s 6,552 00 sr. § - s 1,120 00 1J.J -3 EA 2389 33 s 167 !iQ. $ $ 2,500 00 • (7,1'7911/ s l,e.50.00 s 11199 - 2 EA !00;40 s 1,812.!19 $ 5,644 80 $ 1,ů12.Ű • •.032.00 5,644 80 2 EA i.cir s 1,900,00 $ 6.650 00 s 500.00 S4Jf000 $ 1.2'!!00 6,650 00 1 EA SB,000 00 S 8,000 00 s 32,000 00 s '10,000.00 '12.0000 s 32,000 00 0 LS $3,020.00 $ s 3,020 00 s 3,020 00 $ 3,020 00 0 LS $2,500 00 S . s 2,500 00 s 2,500 00 s 2,500 00 s 1.430,41 s 14,31&55 • 130 41 s 1,240.30 s 2.500.00 • moo s 3,ooo.oo s a.ll20.84 e $10,96847 s 109,760 26 $32,014 47 s 3.299 41 s 8,32412 $14,70000 $ 4,40408 SS,025 00 $14,99200 527,00217 $109,760.26