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. , DEVELOPMENT AGREEMENT FOR 717-719 SOUTH HARRISON STREET BETWEEN CITY OF MOSCOW, IDAHO AND RANDY ATWOOD AND MARY JO KNOWLES v ATEf&HOUA '7.-Jr 41·: HENRIANN E K. WEsTheoo HCOU FEES*--av: THIS DEVELOPMENT AGREEMENT FOR 717-719 SOUTH HARRISON STREET BETWEEN CITY OF MOSCOW, IDAHO AND RANDY ATWOOD AND M{\RY JO KNOWLES (hereinafter ''Agreement") is entered into this & day of Ac0 , 2015, by and between City of Moscow, Idaho, a Municipal Corporation of the tate of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Randy Atwood and Mary Jo Knowles, jointly and severally (collectively referred to herein as "DEVELOPERS"), 486 Harvest Drive, Moscow, Idaho, 83843, being developers of real property as described herein; W I T N E S S E T H : WHEREAS, DEVELOPERS desire to develop property located within the City of Moscow, Idaho, commonly known as 717-719 South Harrison Street, and to install frontage improvements on the Harrison Street frontage of the property located within the City of Moscow, Idaho commonly known as 446 East 8th Street; and as shown in Exhibit attached hereto, being more particularly described as follows: A parcel of land 0.238 acres, more or less in size, located in Moscow, Latah County, State of Idaho, and more particularly described as follows: Lot 12 of MacGregor's 2nd Addition Subdivision as shown in Exhibit attached hereto and incorporated herein by this reference. WHEREAS, DEVELOPERS understand that a waiver of public improvements process is available pursuant to Moscow City Code; DEVELOPERS went through the City process requesting a waiver of the public improvements but City Council denied DEVELOPERS' request and DEVELOPERS now wish to enter into the Agreement herein; and WHEREAS, DEVELOPERS enter into this Agreement of DEVELOPERS' own free will and accord, without coercion and without inducement and at DEVELOPERS' request; and WHEREAS, DEVELOPERS understand 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 WHEREAS, DEVELOPERS agree that the public improvements herein are necessary, in part, to provide for mitigation of the effects of the duplex lot development 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 duplex lot development; and DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE 1 OF8 2.-D \ '5 l \ 7 ---PAGE BREAK--- 5 ? 4 5 2. 0 WHEREAS, DEVELOPERS 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 duplex lot 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 duplex lot development; and WHEREAS, CITY desires to ensure that public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1-5, consisting of construction along the property's Harrison Street frontage to conform to CITY of Moscow Standard Drawing la Local Street (thirty six foot typical section, are constructed or upgraded; and WHEREAS, CITY has approved a deferral of portions of the required improvements upon receipt of payment for the cost of installation of such improvements; and WHEREAS, DEVELOPERS have read this Agreement, have understood it, and have had the opportunity to avail themselves of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPERS and CITY hereby agree as follows: 1. PROPERTY AFFECTED: This Agreement affects properties located within the City of Moscow, Idaho, and commonly known as 717-719 South Harrison Street and 446 East 8th Street, being more particularly described as follows: A parcel of land 0.238 acres, more or less, in size, located in Moscow, Latah County, State of Idaho, and more particularly described as follows: Lot 12 of MacGregor's 2nd Addition Subdivision as shown in Exhibit attached hereto and incorporated herein by this reference. 2. REQUIRED PUBLIC IMPROVEMENTS: DEVELOPERS agree to install, At DEVELOPERS' expense, the public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1-5, consisting of items to be constructed along the property's Harrison Street frontage to conform to CITY of Moscow Standard Drawing la Local Street (thirty six foot typical section; including installation of two twenty foot (20') maximum width or one thirty foot (30') maximum width concrete approaches onto Harrison Street, approximately one hundred sixty feet (160') of concrete curb & gutter, zero to eight foot wide green strips adjacent to the curb, approximately twenty feet (20') of eight inch SDR 35 PVC storm drain pipe, one catch basin, and approximately one hundred twenty four feet (124') of five foot wide sidewalk; all in accordance with CITY standards. As approved for deferral by CITY, in lieu of constructing all of the public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1-5, consisting of DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE20F8 ---PAGE BREAK--- items to be constructed along the property's Harrison Street frontage to conform to CITY of Moscow Standard Drawing la Local Street (thirty six foot typical section; including one half (1 of the required typical roadway section consisting of four inch ( of bituminous pavement surfacing on four inches ( of three quarter inch minus aggregate, on four inches ( of one and one quarter inch (1 aggregate, on subgrade separation geotextile fabric; all in accordance with CITY standards, DEVELOPERS shall provide security for such public improvements as required in Sections 5 and 6 of this Agreement. CITY will work with DEVELOPERS on design requirements to take into account topography unique to the property and other landscape features to provide for an aesthetic and functioning sidewalk. 3. 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. 4. CITY'S COVENANT: CITY shall issue building permits for DEVELOPERS' development or any approved phase of the development thereof (upon payment of permit fees, public utility inspection fees of one point two-five percent [1.25%] 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 5. through 7. herein, has been provided to ensure proper construction of the required public improvements. CITY's Community Development Director or designee, may issue DEVELOPERS a Certificate of Occupancy prior to DEVELOPERS' completion of public improvements required herein upon posting of adequate security pursuant to this Agreement and determination that the structure(s) to be occupied meet CITY's standards for such occupancy. 5. DEVELOPER'S COVENANT: A. DEVELOPERS agree to install public improvements required herein, at DEVELOPERS' 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. DEVELOPERS agrees that DEVELOPERS shall install the required improvements on the Harrison Street frontage of the lot, commonly known as Lot 12 of MacGregor's 2nd Addition Subdivision, and as further described herein, on or before the 31st day of August, 2016. DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE3 OF8 ---PAGE BREAK--- 6. SECURITY FOR IMPROVEMENTS: 574520 A. In lieu of DEVELOPERS' 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 one point two-five percent [l.25%] of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPERS' development. B. For those required public improvements approved for deferral by CITY, DEVELOPERS shall pay CITY for completion of the Improvements in the amount of Thirteen Thousand, Seventy Four Dollars ($13,074) plus One Thousand, Three Hundred Seven Dollars and 40 cents ($1,307.40) for contingency and One Thousand, Five Hundred Sixty Eight Dollars and 88 cents ($1,568.88) for Engineering and Administrative Costs for a total amount of Fifteen Thousand, Nine Hundred Fifty Dollars and 28 cents ($15,950.28). Payment of this security in lieu of construction shall satisfy DEVELOPERS' responsibilities for the improvements approved for deferral by CITY. 7. FORM OF SECURITY: DEVELOPERS agree to provide security for the amount required in Section 6. of this Agreement which will fully cover the entire cost of public improvements as identified and described herein. The security shall be in the form of cash, construction bond, irrevocable letter of credit from 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 three hundred sixty five (365) 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 2 are not completed at that time, CITY may claim the security and complete 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 DEVELOPERS or is 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, DEVELOPERS 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. 8. WARRANTY A. The required public improvements, once constructed and accepted by CITY for ownership and maintenance, shall remain free of defects in materials and DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE40F 8 ---PAGE BREAK--- 5?4520 workmanship for a period of one year following the date of CITY's written acceptance of such required public improvements warranty period). B. DEVELOPERS shall be responsible for correcting any and all deficiencies which occur within the one year warranty period. C. Upon acceptance of the public improvements by the CITY, a warranty Security in the amount of fifteen percent (15%) of the estimated value of the required public improvements, as determined by the City Engineer, shall be furnished to CITY by DEVELOPERS. This warranty Security shall be held by CITY in effect for a minimum period of one year from the date of CITY's written acceptance of the public improvements described in Section 2. of this Agreement. D. If DEVELOPERS fail to correct all deficiencies within a reasonable amount of time, CITY may claim the warranty Security and correct the deficiencies. E. The warranty Security may be in any form allowed under Section 7. of this Agreement. 9. CONSTRUCTION DRAWINGS: DEVELOPERS agree 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. 10. FAILURE TO COMPLY: DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement. 11. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Agreement shall be binding upon the heirs, assignees and/or successors of the parties, and subsequent purchasers of the property described herein. 12. OCCUPANCY: DEVELOPERS agree that no person shall be allowed to occupy any part of the newly constructed portion of the development for any purpose unless the described public improvements are completed and accepted by CITY for maintenance or such security as described in Section 7. of this Agreement is received and accepted by the CITY. 13. 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. 14. MODIFICATION: DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPERS. DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE 5 OF 8 ---PAGE BREAK--- ' I 15. COVENANTS TO RUN WITH LAND: 574520 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. 16. 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 United States Mail to the following addresses: DEVELOPER: CITY: 17. UNDERSTANDING: Randy Atwood and Mary Jo Knowles 486 Harvest Drive Moscow, ID 83843 Stephanie Kalasz, City Clerk City of Moscow P 0 Box 9203 Moscow, ID 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 DEVELOPERS have read and understood this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Agreement and before signing it, and hereby enter 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(S): 1f1!P2 DEVELOPER(S): DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET CITY: Bill Lambert, Mayor JU\\/ 12 1087 PAGE60F 8 ---PAGE BREAK--- STATE OF IDAHO ) 57452.0 ) ss: LATAH COUNTY ) On this .J:i5_ day of , 2015, before me, the undersigned, a Notary in and for said State, personally appe ed Randy Atwood 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. 0 ei..\R • • • . . "1 ^ s : OTAR b7c • O l y \ 5 N T UŁB- ł0 _ % U e L \ C / J My Commission expires:Jultt ,9Qj_/ ` . . ' J dIPe·... / 0 \ ',fr, 34 "'1111 £OF STATE OF IDAHO ) ) ss: LATAH COUNTY ) On this6 day of , 2015, before me, the undersigned, a Notary in and for said State, personally appeUedMary Jo Knowles known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. ,,,,u11111111111 , ft.. A l . S-\7\8 . : fPQ NOTARY PUBLIC for daho f / l\ 0 TAR r\ ( My Commission expires: 0\!lJ Co I /b8-I DEVELOPMENT AGREEMENT 4 \ "usL\C / § a . aIPb·· _ 11111111111"''''' ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE70F8 ---PAGE BREAK--- 514520 DEVELOPMENT AGREEMENT ATWOOD AND KNOWLES 717-719 SOUTH HARRISON STREET PAGE 8 OF8