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DEVELOPMENT AGREEMENT ASSISTED LIVING CONCEPTS, INC. CITY OF MOSCOW, IDAHO This Agreement is entered into this 22nd day of Ju I Y , 1996, by and between Assisted Living Concepts, Inc. (referred to as Developer) being owner and Developer of premises included in this Agreement and the City of Moscow, a Municipal Corporation ofldaho, (referred to as City); WITNESSETH WHEREAS, Developer desires to develop property located within the City of Moscow, Idaho on North Polk Extension being more particularly described as follows SEE EXHIBIT attached. WHEREAS, the City desires to ensure that all required 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 on North Polk Extension, being more particularly described in Exhibit attached hereto and incorporated herein by this reference. II PUBLIC IMPROVEMENTS The Developer agrees to install, at Developer's expense, for the west side of North Polk Extension adjacent to its property and for a street running the length of the south boundary adjacent to its property curb, gutter, sidewalk, rock base and asphalt necessary to construct one-half (112) the width required by the City Engineer in accordance with approved plans for Developer's development, to City standards during and under the terms of this Agreement. All plans and dr:.nvings shaH be approved by the City Engineer prior to the beginning of any construction of improvements. III. TERM This Agreement shall remain in effect until construction and installation of the public improvements and acceptance of such by the City for maintenance. 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 7 5% 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, or after adequate security as described in sections VI and VII has been provided to ensure proper construction of the required public improvements. DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGE 1 96-38 ---PAGE BREAK--- V DEVELOPER' COVENANT: The Developer agrees as follows A The Developer agrees to install, at Developer's expense, for the west side of North Polk Extension adjacent to its property and for a street running the length of the south boundary adjacent to its property curb, gutter, sidewalk, rock base and asphalt necessary to construct one-half (1/2) the width required by the City Engineer in accordance with 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. B. The Developer agrees I. That the Developer shall install the curb, sidewalk and rock base within SIX months from the date of the issuance of the first building permit; and C If the Developer fails to complete installation of the curb, sidewalk, and rock base within SIX months from the date of the issuance of the tirst building permit, to City standards, the City may utilize the security specified in paragraphs VI and VII to complete the public improvements. The Developer further agrees that if Developer fails to complete installation of such respective public improvements to City standards, within such respective time periods, the City shall revoke occupancy of the entire 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. VI. SECURITY FOR IMPROVEMENTS The City agrees that upon receipt of the security described in section VII it will issue building permits (upon payment of permit fees, public utility inspection fees of 0. 7 5% of estimated construction costs and satisfaction of City code requirements) for the Developer's development. If the Developer fails to complete construction of the curb, sidewalk and rock base within SIX months from the date of the issuance of the first building permit, to the City standards, 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 ofidaho relative to the letting of such bids. VII FORM OF SECURITY The Developer agrees to provide security in the amount and manner determined by the City of Moscow City Engineer for public improvements as identified and described herein. The security shall be in the form of cash, 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 120 days from the date of the issuance of the first DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGE2 ---PAGE BREAK--- 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 (90) days prior to the expiration date of the security. If the public improvements identified and described in section 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 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 further, the Developer shall hold the City harmless for any and all causes of action or damages aileged 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. 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, mylar as-built drawings for all of the improvements described herein. IX. F AlLURE TO COMPLY If the Developer fails to comply with the terms of this Agreement, the City, after ten (10) 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. 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 are completed. XII. 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. XIII. 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. 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. DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGE3 ---PAGE BREAK--- 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 Assisted Living Concepts, Inc. 9955 S.E. Washington, Suite 201 Portland, OR 97216 Mayor City of Moscow P 0 Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. Developer aut o ed representative for Assisting Living Concepts, Inc. DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. City VLca. Paul C Agidius, Mayor ATTEST Elaine Russell, City Clerk PAGE4 ---PAGE BREAK--- STATE OF IDAHO ) ACKNOWLEDGMENTS ) ss County of Latah ) On thiI day o . , 1996, before me, the undersigned, a Notary in and for said State, personall appe ;ed 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. County of Latah On this ciii day of , !996, before me, the undersigned, a Notary in and for said State, personall ' appeared Elaine 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. DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGES ---PAGE BREAK--- ) ) ss ) On this day of {ArK , 1996, before me, the undersigned, a Notary in and for said State, personally" appeared duly authorized representative of Assisted Living Concepts, Inc. known to me to be the person whose name is subscribed to the within statement and acknowledged to me that he executed the foregoing agreement DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGE6 ---PAGE BREAK--- EXHIBIT'A' A parcel of land located in the S 112 N l /2 SW 1/4 of Section 5, T39N R5W, BM, and being more particularly described as follows Beginning at the west 1/4 corner of Section 5, T39N R5W, BM; thence S 0°50'25"W, 644.43 feet along the west line of said Section 5 thence S 89°27'23"E, 1704.32 feet to a point on the centerline of North Polk Street; thence along said centerline the following courses; along a curve to the right 34.89 feet, said curve having a Delta=I0°07'17", Radius= !97.5 feet, Chord=34.84 feet, and chord bearing S 3°22'58"W; thence S 8°26'36"W, 121.84 feet; thence along a curve to the right 97.76 feet, said curve having a Delta= ! 1°26'06", Radius=489.82 feet, Chord=97.60 feet, and chord bearing S 14°09'39" W to the TRUE POINT OF BEGINNING. Thence continuing along said centerline the following courses: Continuing 3. 66 ft. on a curve to the right, said curve having a Delta=0°25'42", Radius=489.82 feet, Chord=3.66 feet, and chord bearing S 20°05'l l"W; thence S 20°18'23" W, 159.92 ft; thence 119.23 ft. on a curve to the left, said curve having a Delta=l 2°46'08", Radius=534.99 feet, Chord=l l 8.98 feet, and chord bearing S l3°55'19"W; thence leaving said centerline N 89°]5'11" W, 427.24 feet; thence N 0°44'49" E, 270.00 feet; thence S 89°15'11" E, 509.11 feet to a point on the centerline of North Polk Street and the TRUE POINT OF BEGINNING Parcel contains 2.87 acres. DEVELOPMENT AGREEMENT Assisted Living Concepts, Inc. PAGE7 ---PAGE BREAK--- I I I / / \ I / j i ' i I I I I I I I I i 0 CD --ë.FINISH FI:.OOR!·ê--c_ f--11 2620 / / / / / / I I I ! I i I I I I I I I I j I I i I I I I I I I I ! f I ! I I I I / I I f I I I I I J / I II I' . ' I ! I / I ' I ; i / I / I J I I I i / ! I I ! ! f I j ! ! 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