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DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT BETWEEN CITY OF MOSCOW, IDAHO AND CHRISTY WILLIAMS THIS DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT BETWEEN CITY OF MOSCOW, IDAHO AND CHRISTY WILLIAMS (herein "Agreement") entered into the S day of No\)f ty'\k>q r: , 2014 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Christy Williams, owner of property located at 320 North Jackson Street, Moscow, Idaho, 83843 (hereinafter "DEVELOPER"); W I T N E S S E T H : WHEREAS, DEVELOPER desires to develop property located within the City of Moscow, Idaho, being more particularly described as follows: Lot 27, Lot 28, Lot 29, and Lot 30 of Block A of Lieuallen's 2nd Addition to the City of Moscow. Described area contains ten thousand (10,000) sq. ft. and is shown on attached EXHIBIT WHEREAS, DEVELOPER understands that a waiver of some improvements may be available pursuant to the Moscow City Code, but DEVELOPER specifically does not wish to request such a waiver and wishes to enter into the Agreement herein; and WHEREAS, DEVELOPER enters into this Development Agreement of its own free will and accord, without coercion and without inducement and at DEVELOPER's request; and WHEREAS, DEVELOPER understands and agrees_ that parking lot improvements required herein are standards required pursuant to Moscow City Code§ 4-6-5(A)(6)(a); and WHEREAS, DEVELOPER understands that CITY allows parking areas to be temporarily surfaced for a period not to exceed five years with a minimum of four inches of three quarter inch minus crushed rock basalt rock gravel pursuant to Moscow City Code § 4-6-5(A)(6)(a); and WHEREAS, DEVELOPER understands that CITY requires said temporarily surfaced parking areas located on the east side of the building, accessed from the alley, and outlined in red on the attached EXHIBIT to be paved pursuant to Moscow City Code § 4-6-5(A)(6)(a) within five ( 5) years of the date of issuance of the Conditional Certificate of Occupancy for the Property; and WHEREAS, DEVELOPER understands and agrees that all other components of the parking lot, including, but not limited to, placement of wheel stops for delineation of each parking space, DEVELOPMENT AGREEMENT-CHRISTY WILLIAMS; CITY PAGE 1 OF6 ---PAGE BREAK--- shall be completed by DEVELOPER prior to the issuance of the Conditional Certificate of Occupancy for the Property; and WHEREAS, DEVELOPER understands and agrees that all of the aforementioned components of the parking lot, exclusive of the paving requirement, shall not be permitted to be deferred (for any amount of time); and WHEREAS, DEVELOPER submitted construction plans and a building permit application to complete said renovations and construct said parking lot accessed from the alley and located on the east side of the building; and WHEREAS, CITY has reviewed and approved said final construction plans attached as EXHIBIT for said parking lot and has issued a construction permit to DEVELOPER for said parking lot; and WHEREAS, DEVELOPER agrees that the improvements herein are necessary, in part, 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 or to the public, or imposing substantial additional costs upon current CITY residents to accommodate the proposed subdivision; and WHEREAS, DEVELOPER and CITY believe that, without the improvements 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 WHEREAS, CITY desires to ensure that improvements and appurtenances required herein are constructed or upgraded; 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; WHEREAS, DEVELOPER is the owner of property identified and legally described on the herein attached EXHIBIT (hereinafter "Property"); and WHEREAS, DEVELOPER desires to establish a new use within the existing building on the Property and agrees to construct a parking lot facility on the aforementioned Property; NOW, THEREFORE, CITY and DEVELOPER hereby agree as follows: 1. CITY shall issue to DEVELOPER a Conditional Certificate of Occupancy, to expire five years from the date of issuance of said Conditional Certificate of Occupancy, for said parking lot prior to the completion of the required paving described above and included in the attachment labeled as EXHIBIT provided that all said paving shall be completed by no later than five years from the date of issuance of the Conditional Certificate of Occupancy; DEVELOPMENT AGREEMENT-CHRISTY WILLIAMS; CITY PAGE2 OF6 ---PAGE BREAK--- 569335 2. DEVELOPER shall be required to and agrees to complete all other components of the parking lot including, but not limited to, placement of wheel stops for delineation of each parking space and paving of the accessible parking space, before said Conditional Certificate of Occupancy is issued; and 3. Should DEVELOPER fail to complete the required improvements on the Property by five years from the date of issuance of the Conditional Certificate of Occupancy, the DEVELOPER herein agrees to cease use of said Property until such time as all required paving is completed; and 4. Should DEVELOPER fail to complete the required improvements on the Property by five ( 5) years from the date of issuance of the Conditional Certificate of Occupancy, CITY shall withdraw any Certificate of Occupancy issued for such Property until the required improvements are installed; and 5. CITY, upon inspection and verification that all said required paving has been completed to CITY's satisfaction, may issue a permanent Certificate of Occupancy prior to five years from the date of issuance of the Conditional Certificate of Occupancy. 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: DEVELOPER Christy Williams 320 N. Jackson Street Moscow, Idaho 83843 7. FAILURE TO COMPLY: CITY City of Moscow P 0 Box 9203 206 East Third Street Moscow, Idaho 83843 DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. 8. 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. 9. 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. 10. 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. DEVELOPMENT AGREEMENT-CHRISTY WILLIAMS; CITY PAGE30F6 ---PAGE BREAK--- 11. 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 Recorder. 12. UNDERSTANDING: DEVELOPER has read and understands this Agreement and the contents thereof and has had the opportunity to avail himself 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, DEVELOPER, by and through its representative, and CITY, by and through its Mayor and City Clerk, have caused this Agreement to be executed on the 5 day of No\Jf.,1tv\.'Qe..r- , 2014. DEVELOPER: STATE OF IDAHO ) ) ss: County of Latah ) CITY: On this .Jl__ day of Oak fM..A) , 2014, before me, the undersigned, a Notary in and for said State, personally appeared Christy Williams, known to me to be the person whose name is subscribed to the foregoing. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. . OTARY P LIC for Idaho j 0 TA II \ My Commission expires: 7 -:ZO IJ . . - = : : = \PUBL\t / § · . . · · § Z B-C Y "D1. 'EOF DEVELOPMENT Ao*+ttt'W1LLrAMS ; CITY PAGE 4 OF 6 ---PAGE BREAK--- m Q .a .c w - " I 3 I S T ® l ' . !i ii!!: Oill e ® • • 1Kftf.U140lf0104HJA·0.·8 /i U fl • • 569335 . . . . . " . . : . . . . . . ·t . ' . . . . . : : . . , · .I I . . . I : . . . : · , . I 'It • V ,Iii t • . 0 0 .Iii t t o, .4 I· t • , • . Z ·1 : • • • : IR · . • . . · . ? : . n • 0 t • t • • 1 • . • • • • • 1- • S·1· 1 • • • • · · . · . . . . · . . · . . : . . · · · . 1 2 · - . - . [ P· -:L8tflf .i's . N:Q S.)JT i-1 > - QI . , . - • . • • • W XJ s: DEVELOPMENT AGREEMENT- CHRISTY WILLIAMS; CITY PAGE60F 6 ---PAGE BREAK--- Q R .c w - - c: Q) Q) O Q) E z Q) & - U) - Q) c: 3 c, e 0 ci< Ul c: - - P c: u Cl:I Q) Q) m E 'Zi' U) 0 Q) D N > Q) 0 ' I LO 'V C\I C\I C\I 0 0 N .oo·oz .oo·oz .oow -m =-g-g OZZ96£ '83 vv· 1N3V\13SV3 A 1110 .O = DEVELOPMENT AGREEMENT- CHRISTY WILLIAMS; CITY PAGE5 OF6