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41199b DEVELOPMENT AGREEMENT INDIAN HILLS SEVENTH ADDITION TO THE CITY OF MOSCOW, IDAHO This Agreement is entered into this l2.t1L day of Apr i 1 , 1995, by and between Indian Hills Trading Company, Inc., an Idaho Corporation, (referred to as Developer) being owner and Developer of real property as described herein and the City of Moscow, a Municipal Corporation of Idaho, (referred to as City); WITNESSETH: WHEREAS, Developer desires to develop property located within the City of Moscow, Idaho, hereinafter described as Indian Hills Seventh Addition to the City of Moscow; and WHEREAS, the City desires to ensure that all public improvements are properly installed by Developer; NOW THEREFORE, Developer and the City hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, known as Indian Hills Seventh Addition to the City of Moscow, being more particularly described in Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: A. The Developer agrees to construct, at its sole expense, to City standards, the following public improvements: l . A public storm drain system from Indian Hills Drive to Palouse River Drive, as shown on the approved engineering plans for Indian Hills Seventh Addition. 2. All sanitary sewer service laterals within Indian Hills Drive right-of-way to service Indian Hills Seventh Addition. 3. A surface overlay oflndian Hills Drive, the full width (from curb to curb) and length of Indian Hills Drive adjacent to Indian Hills Seventh Addition, consisting of 1.50 inch thick plant (hot) mix asphaltic cement, as shown on the approved engineering plans for Indian Hills Seventh Addition. 4. Alice Street, to the southerly property line oflndian HilL' Seventh Addition, as shown on the approved engineering plans for Indian Hills Seventh Addition. All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements. B. Storm Drain Crossing: The Developer agrees to provide two-thirds (2/3) of the construction costs, not to exceed TWENTY THOUSAND DOLLARS ($20,000.00), of a new storm drain system crossing from the west side of U.S 95 to the east side of U.S. 95, along the south side of the Palouse River Drive intersection with U.S. 95, which system shall include two parallel 21-inch diameter pipes, approximately !50 feet in length and a 6-foot diameter manhole, as shown on file with the City's Engineering Department. The engineering design and administration of the improvements for such new storm drain crossing shall be the responsibility of the City. DEVELOPMENT AGREEMENT INDIAN HILLS 7TH ADDITION PAGE 1 95-35 ---PAGE BREAK--- 41199S C. Parkland Dedication: In accordance with Moscow City Code 5-1-SF the Developer agrees to pay ONE THOUSAND NINE HUNDRED DOLLARS (SI,900.00) to the City in satisfaction of the City's requirement of dedication of parkland. III. TERM: This Agreement shall remain in effect until the public improvements required herein arc constructed and installed and such public improvements are accepted by the City for maintenance, and until the Developer pays the sums required by Section !LB. and II.C. of this Agreement. IV. CITY'S COVENANT: The City shall issue building permits for Developer's development, (upon payment of permit fees, public utility inspection fees of 0.75% of estimated construction costs and satisfaction of City code requirements) only after construction and installation of the public improvements and acceptance of such by the City for maintenance, and the Developer has paid the sums required by Section II.B. and II. C. of this Agreement, or after adequate security as described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements, and the Developer has paid the sums required by Section !LB. and II. C. of this Agreement. V. DEVELOPER'S COVENANT: The Developer agrees to construct, at its sole expense, to City standards and in accordance with approved engineering plans for Indian Hills Seventh Addition, all public improvements described in section II. of this Agreement and to pay any sums for public improvements as required in section II. of this Agreement. A. If the Developer fails to complete installation of the public improvements described in section II.A.l. to City standards, within ONE HUNDRED FIFTY (150) calendar days of the issuance of the first building permit or within NINETY (90) days after harvesting of the 1 995 crop on land adjacent to Indian Hills Seventh Addition (for portions of the system which traverse such crop land), whichever is later, the City may utilize the security specified in paragraphs VI and VII to complete such public improvements. The Developer further agrees that if Developer fails to complete installation of such public improvements, to City standards within such time period, the City shall revoke occupancy of the development, revoke any applicable permit issued to Developer by the City and shall cease to issue further building permits for the affected property until such improvements are completed. B. If the Developer fails to complete installation of the public improvements described in sections II.A.2. to City standards, within THREE ffiJNDRED SIXTY FIVE (365) calendar days of the issuance of the first building permit, the City may utilize the security specified in paragraphs VI and VII to complete such public improvements. The Developer further agrees that if Developer fails to complete installation of such public improvements, to City standards, within THREE ffiJNDRED SIXTY FIVE (365) calendar days from the date of issuance of the building permit, the City shall revoke occupancy of the development, revoke any applicable permit issued to Developer by the City and shall cease to issue further building permits for the affected property until such improvements are completed. C. if the Developer fails to complete installation of the public improvements described in sections li.A.3 and ILA.4. to City standards, within SEVEN HUNDRED THIRTY (730) calendar days of the issuance of the first building permit. the City may utilize the DEVELOPMENT AGREEMENT INDIAN HILLS 7TH ADDITION PAGE2 ---PAGE BREAK--- security specified in paragraphs VI and VII to complete such public improvements. The Developer further agrees that if Developer fails to complete installation of such public improvements, to City standards, within SEVEN HUNDRED THIRTY (730) calendar days from the date of issuance of the building permit, the City shall revoke occupancy of the development, revoke any applicable permit issued to Developer by the City and shall cease to issue further building permits for the affected property until such improvements are completed. D. The Developer agrees that the City may utilize the payment required pursuant to section !LB. to construct the public improvements specified therein, or if a form of security is utilized, Developer shall, upon demand of the City, at the time such improvements are let for bid, pay to the City TWO-THIRDS (213) of the engineer's estimate of cost for such construction, up to a maximum of TWENTY THOUSAND DOLLARS ($20,000.00). If Developer fails to pay such moneys to the City, the City may utilize such security to make such improvements 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, public utility inspection fees of 0.75% of estimated construction costs and satisfaction of City code requirements) for the Developer's development. If the Developer fails to complete installation of the public improvements as required by section in section V.A., V.B. and V.C 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 sobject to the laws of the State of Idaho relative to the letting of such bids. VII. FORM OF SECURITY: A. The Developer agrees to provide security in the amount of ONE HUNDRED SEVENTY-SIX THOUSAND SEVEN HUNDRED THIRTY DOLLARS AND NO CENTS ($176,730.00) for public improvements required by sections ILA. ILA.2., ILA.3. and II.AA. of this Agreement. The security shall be in the form of a construction bond, irrevocable letter of credit from a certified bank or fmancial institution, or such other form of security acceptable to 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 850 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 improvemenls shall be constructed at least NINETY (90) days prior to the expiration date of the security. If the public improvements identified and described in paragraph V. 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. As improvements are completed and accepted by the City for maintenance, the amount of security shall be reduced to reflect such completions, provided that such amount shall not be reduced to an amount less than the adjusted estimate of costs of the remaining improvements to be constructed. B. The Developer agrees to furnish a TWENTY THOUSAND DOLLAR ($20,000.00) cash deposit or security 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 to the City. Such deposit or security shall be provided to the City to secure payment of TWO THIRDS (213). not to exceed TWENTY THOUSAND DOLLARS ($20,000.00), of the construction costs for the public improvements required by section Il.B. Such deposit DEVELOPMENT AGREEMENT INDIAN HILLS 7TH ADDITION PAGE 3 ---PAGE BREAK--- 411998 shall be required prior to the issuance of the building penni!. The deposit or security shall remain in the possession of the City until such time as the public improvements are constructed. If security is utilized, the security shall be valid for a minimum period of SIXTY ( 60) months from the date of issuance of the first building penn it. C. The Developer agrees to make the payment of ONE THOUSAND NINE HUNDRED DOLLARS ,900.00) pursuant to section II.D. of this Agreement prior to issuance of the first building pennit. Such deposit is a fee in lieu of dedication of parkland as required by Moscow City Code 5-l-5F. If for any reason the security for such improvements shall be withdrawn by the Developer or the surety or fmancial institution, or the value or tenns thereof shall be compromised in any way, the City shall immediately revoke any building permits issued pursuant to the tenns contained herein, and further, 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 building permits shall be re-issued upon receipt by the City of new or additional security as required herein. Vlll. 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, mylar as-built drawings for all of the improvements described herein, unless such requirement is waived by the City Engineer. 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 perfonnance of the Agreement and may attach the security to complete the improvements. The Developer agree 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. XL OCCUPANCY: Developer agrees that no person shall be allowed to occupy any structure on the described property for any purpose until the described public improvements described under Section ILA.l. are completed. Xll. 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. DEVELOPMENT AGREEMENT INDIAN HILLS 7TH ADDITION PAGE4 ---PAGE BREAK--- Xlll. 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. 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 the 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: City: Indian Hills Trading Company c/o Sally Powers P. 0. Box 106 Ritzville, W A 99169 Mayor City of Moscow P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. Developer: Indian Hills Trading Co., Inc. DEVELOPMENT AGREEMENT INDIAN HILLS 7TH ADDITJON City: Paul C. Agidius, Mayor PAGES ---PAGE BREAK--- ACKNOWLEDGMENTS STATE OF IDAHO ) ss County of Latah ) On thiday of , 1995, before me, the undersigned, a Notary in and for said State, personally appeared Paul C. Agidius, in his official capacity as the Mayor of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I hayj:.Ŧ"'AIJP}O set my hand and affixed my official seal the day and year hereinabove written. S E R . ' . ' V "Íey•«4C-''&e_Î _12' , ' .I - Ì 4 2'r: e• - - eLù-ú 4i · - - - l! c; 1 NOTARY PUBLIC for Idaho : ū ' · · ê ë Residing at ì.J , \ I My Commission expires: Ŭ45/ 7 tP 8 / . ; db . STATE OF IDAHO 'If • . , t OF \T )SS'' · · 111uttn''t" County of Latah ) On this of t:},tLL( , 1995, before me, the undersigned, a Notary in and for said State, personally appeared £lame Russell, in her official capacity as the Clerk of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, 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 . .&:l:U'fE OF:HCJAHQ ) State of \i'ashingtol)ss eomrtyuftatah ) County of Adams On this 19 day of 1995, before me, the a Notary m and for said State, v,"}r personally appeared Sa 11 y ;y Pap·ers ö , m õ offietal capacities as officers of Indian Hills Trading Company, Inc., known to me to be the persons whose names are subscribed to the foregoing and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. agreemnlûj hills 7\sr_ DEVELOP!\1l,;NTAGREEMENT INDIAN HILLS 7TH ADDITION PAGE 6 ---PAGE BREAK--- 411Ů9S IJATE & HOUR: f'o f:Nx 'fi-v I D 8"5¥'13 GL.;, R.vss ---PAGE BREAK--- WTE: 3A.S:S OF' BEARING: INDIAN HIU:3 ADDffiON PARADISE HILLS l!NDffAN HffliLS SEVEéITH ADDITION - UNPLl1TTED INDIAN HnLS TRADING CO. EXhibiT newloment Areement ADDITION ---PAGE BREAK--- ' II n lJ I 1nd1an 4 HIJiS sevenm_Aaaltlon l'·'iV'T Aoènorrlunt co. Ŧ.-ŧŨ Eũt-/f'"IŪ-L' o 1 .11. , 7 .1 a c. 7 1. storm nra1n sustern J 1 F"C OlD/\ l"·.r,!vp a • . . . r rt:lll yw··æ _ L_ Manhotes æ . ·æ C. R.lp·Rcly- 2. æsan. SQIJJ. sťrv1ce utmls æ .3,000 æ . 90 - 4. 5 L.F. . $ 18 · 7 V. F. 2 75 C.Y. 9 - · : J5 Est irnatea . r:onstructJofi cost . 7 ·8 suHota! . 13 12 suttotal $ 54,000 24,750 60 æ.ç . 78, 810 · }I 83) . . $96, 150 ll750 2 100 ---PAGE BREAK--- Ç Ašrh·\'- Q. d I h Rci\je Šn H Iò & iJ, - 'fi, l. " 4. Al:c~ strett d. o. c. 0 " ' ' I curo rrhill'·1Ť •I r 'ii . ·U .È • • I.;J 0 . • 1. v l : ' ' x,.,r r'"!.yzv{r i.ló;:;ô u I É. " . ' . v J G.V.' S S 'í.\,lcrr•L' h' 1 . . cr:·.f,Ţţ. ES'I w ño . L JilL 550 101\l 10 Ea. £stJma tea . cons trurtwn cast @ 10'7, . $30. 00 300.00 t .4Cm:n l5trJt 10n @ 12 . ! I j \ Sil " ·n--1 u:Ji,Jidl ' - 3 tJi 2,500 155 150 200 2 ( 1 " \ C.Y. L.F. u. L.F . L. S. Ed. 1'1 2 N ' 4.00 30.00 9. 00 I I. 00 12..SO 850. 00 30.00 iQ· P(j • $ 16,500 3.000 . $19,500 'L -lc.n I IV I L = n ! o 7:G 960 2 ---PAGE BREAK--- ' ' l.,l \ ( 1 ( idi" " / s - ' ; canhnoenc 0 10 7, . J ' ' ' rnQ!nImr;} ŝ AdrnmårwJOn J \ \ C'!Jf.ŞQş11 t, · I t 41 • TOTAL . @ ' . ' . • 2,900. 3;480 3