Full Text
DEVELOPMENT AGREEMENT ROLLING HILLS ADDITION N0.1 TO THE CITY OF MOSCOW THIS AGREEMENT, entered into this /.51£ d ay ofW..;f;J-994, by and between Raftk Itani and Marysue Itani, husband and wife, of SW 5 15 Wad leigh Dnve, Pullman, Washington 99163 , and Abd ul-Latif Itani, a single man, of Beirut, Lebanon, (hereinafter referred to as DEVELOPER) being owner and d eveloper of premises includ ed in this agreement and the City of Moscow, a Municipal Corporation of the State of Id aho (hereinafter referred to as "CITY") ; WITNESSETH: WHEREAS, the DEVELOPER owns property within the City of Moscow d escribed as Rolling Hills Ad d ition No.1 to the City of Moscow; and WHEREAS, the CITY d esires to ensure that all public improvements are properly installed by DEVELOPER; NOW THEREFORE, DEVELOPER and the CITY hereby agree as follows: I. PROPERTY AFF ECTED: This agreement affects property known as Rolling Hills Ad d ition No.1 to the City of Moscow, Latah County, Id aho. This property is d escribed in the plat id entified as Exhibit A which is attached to and incorporated into this agreement. II. PUBLIC IMPROVEMENTS AND GRADING: The DEVELOPER agrees to install, at his expense, includ ing, but not limited to: all earthwork, grad ing, curb, sid ewalk, base aggregate, catch basins, storm sewer, asphalt paving, raised manholes, raised gatevalves, seed ing, water, sanitary and storm utilities, signs and road markers and street monuments in accord ance with approved plans for Rolling Hills Ad d ition No.1 to the City of Moscow, to city stand ard s d uring and und er the terms of this Agreement. The Development Agreement Cost Estimate is attached as Exhibit B and incorporated herein by this reference. All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements. III. TERM: This agreement shall remain in effect until all public improvements are constructed for Rolling Hills Ad d ition No. 1 to the City of Moscow and said public improvements have been accepted by the CITY for maintenance. IV. CITY'S COVENANT: The CITY shall issue build ing permits for Rolling Hills Ad d ition No.1 to the City of Moscow, (upon payment of permit fees and satisfaction of City cod e requirements) only after all public improvements have been constructed as required herein and said public improvements have been DEVELOPMENT AGREEMENT PAGE 1 94-74 ---PAGE BREAK--- inspected and accepted by the City Engineer, or after adequate· security as described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: The DEVELOPER agrees as follows: A. DEVELOPER shall install, at his expense, public improvements, including, but not limited to: all earthwork, grading, curb, sidewalk, base aggregate, catch basins, storm sewer, asphalt paving, raised manholes, raised gatevalves, seeding, water, sanitary and storm utilities, signs and road markers and street monuments in accordance with approved plans for Rolling Hills Addition No.1 to the City of Moscow, to city standards during and under the terms of this Agreement. B. If the DEVELOPER fails to complete all public improvements within NINETY (9 0) calendar days of the issuance of the first building permit, the CITY may utilize the security specified in paragraphs VI and VII to complete the work on the public improvements. The DEVELOPER further agrees that if DEVELOPER fails to complete all public improvements within NINETY (9 0) calendar days from the date of issuance of the first building permit, the CITY shall cease to issue further building permits for the affected property until such improvements are completed. VI. SECURITY FOR IMPROVEMENTS: The CITY agrees that upon receipt of the security described in Paragraph VII it will issue building permits (upon payment of permit fees and satisfaction of City code requirements) for properties within Rolling Hills Addition No.1 to the City of Moscow. If the DEVELOPER fails to complete construction of all of the improvements within ninety (9 0) calendar days of issuance of the first building permit, the 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 the 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: The DEVELOPER agrees to provide security in the amount of TWO HUNDRED SEVEN THOUSAND THREE HUNDRED TWENTY DOLLARS ($207,320. 00) for public improvements as identified and described in paragraph VI above and Exhibit B. The security shall be in the form of a construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other form of security acceptable by the CITY. Such security shall be provided to the CITY prior to the issuance of building permits by the CITY. The security must be effective for a minimum period of 365 days, or 180 days from the date of issuance of the first building permit, whichever is longer. If this security is in the form of an irrevocable letter of credit or bond, the secured improvements shall be constructed at least ninety (9 0) days prior to the expiration DEVELOPMENT AGREEMENT PAGE2 ---PAGE BREAK--- date of the security. If the public improvements identified and described in paragraph V.A are not completed at that time, the 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 City Engineer as conditions warrant. If for any reason the security for such improvements shall be withdrawn by the DEVELOPER or the surety or financial institution, or the value or terms thereof shall be compromised in any way, the CITY shall immediately revoke any building permits issued pursuant to the terms contained herein, and furth er, the DEVELOPER shall hold the 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 permits shall be re-issued upon receipt by the CITY of new or additional security as required herein. VIII. AS-BUILT DRAWINGS: The DEVELOPER agrees to furnish, prior to acceptance by the CITY of the public improvements as required herein, one set of accurate, complete, reproducible as-built drawings for all of the water, storm sewer, sanitary sewer, curb, sidewalk, and street improvements constructed in each phase of the subdivision. IX. FAILURE TO COMPLY: If the DEVELOPER fails to comply with the terms of this agreement, the CITY, after ten (1 0) days written notice, may seek specific performance of the agreement and may attach the security to complete the improvements. The DEVELOPER agrees to pay all expenses incurred by the 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 purchasers of the property described herein. XI. 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 for the State of Idaho in and for the County of Latah. The prevailing party to the action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XII. MODIFICATION: DEVELOPER and the CITY agree that the provisions of this agreement may be modified only upon written request of the DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the City Council. XIII. 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 DEVELOPMENT AGREEMENT PAGE3 ---PAGE BREAK--- of the CITY, its successors and assigns. This d evelopment agreement shall be record ed with the Latah County Record er. XIV. OCCUPANCY: DEVELOPER agrees that no person shall be aiiowed to occupy any structure on the d escribed property until such time as the public improvements are completed and accepted by the CITY for maintenance. XV. NOTICES: Any notice required or called for by this agreement shall be d eemed served upon the party to whom it is sent when d elivered by certified or registered United States Mail to the following ad d resses: DEVELOPER: CITY: Rafik & Marysue Itani SW 1515 Wad leigh Dr. Pullman, Wa 99163 Abd ul-Latif Itani Beirut, Lebanon Mayor City of Moscow P.O. Box 9203 Moscow, ID 83843 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the d ate first above written. DEVELOPER: CITY OF MOSCOW: Rafik Itam ( ( · ATTEST: M suell ni £ /ltA-f'-/.,t:Y)tz'fr:>t--:-uV . . ê < Abd ul- Latif I tani ëD. . Elaine Russell;;; ciefk DEVELOPMENT AGREEMENT PAGE4 ---PAGE BREAK--- ACKNOWLEDGMENT On this / tz"-· day of f)ati:Y1J, 1994, before me, a Notary Public of the State of Idaho, personally appeared Paul C. Agidius an Elaine Russell in their official capacities as Mayor and City Clerk of the City of Moscow, known to me to be the persons described in the above document and acknowledged to me they executed the same . : . ċ : 8-9· . . Notary Public esiding ' My exprres 4 . . 9 z ACKNOWLEDGMENT ' - 1$-L On this !9 day of è , 1994, before me, a Notary Public of the State of ç , personally appeared Rafik ltani, known to me to be the r. erson described in the above document and acknowledged to me th e executed the klc