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498725 DEVELOPMENTAGREEMENT FORSOUTHGATE 2 ADDfinON BETWEEN JEMCA, L.L.C. AND THE CITY OF MOSCOW, IDAHO THlS AGREEMENT is entered into this 1.1_ day of Au : ' s+ , 2005, by and between JEMCA, L.L.C., at P.O. Box 8025, Moscow, Idaho, 83 3 (hereinafter referred to as "DEVELOPER"), being Developer of real property as described herein, and the City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East 3m Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"); WITNESSETH: WHEREAS, DEVELOPER desires to develop property to be known as the Southgate Addition in the City of Moscow, Latah County, Idaho. WHEREAS, DEVELOPER understands 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, DEVELOPBR 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 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 public improvements consisting of street construction, curb, sidewalk, storm sewer systems, water mains and sanitary sewer mains are constructed; and WHEREAS, DEVELOPER understands that a waiver of public improvements is available pursuant to the Moscow City Code, but DEVELOPER specifically does not wish to request such a waiver and wishes to enter into this Agreement; 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 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; SOUTHGATE 2ND ADOIT!ON DEVELOPMENT AGREEMENT PAGEl OF 7 2005-44 ---PAGE BREAK--- NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: 498725 This Agreement affects property to be known as the Southgate 2nd Addition within the City of Moscow, Latah County, Idaho, more particularly described as follows: A portion of the Salisbury tract situated in Lots 19, 20, 21, 28, 29, and 30 of the Plat of Section 16, T .39 R. 5 B.M., Latah County, Idaho, with said portion being more particularly described as follows: Commencing at the West Corner of said Section 16 and running thence S 86"20'37"E, 1340.65 feet to an point on the centerline of White Avenue, said point being Station 0+00.0; thence S89"44'48"E 200.00 feet along said centerline to P.C. Station 2+00.0; thence 762.86 feet along a curve to the left having a central angle of 43°42'31", a radius of 1000.00 feet and a chord length of 744.50 feet hearing N 23'56"E to P.T. Station 9+62.86; thence N 46°32'40"E 185.56 feet to a point on the centerline of White Avenue and the TRUE POINT OF BEGlNNING for this description; thence N 43°27'20"W 40.00 feet to a point on the northwesterly right-of-way line of White Avenue; thence S 46°32'40"W 100.00 feet along the northwesterly right-of-way line of White Avenue; thence N 23°57'45"W 344.34 feet along the boundary of Southgate 1" Addition; thence N 70°59'40"E 131.97 feet along the boundary of Southgate 1" Addition; thence N 48037'38"E 275.18 feet along the boundary of Southgate 1" Addition; thence N 7S043'26"E 246.13 feet along the boundary of Southgate Addition; thence N 46°34'14"E 241.02 feet along the boundary of Southgate 1" Addition to a point on the Southerly right-of-way of line .Joseph Street; thence 161.36 feet along said .Joseph Street right-of-way line which which is a curve to the left having a central angle of 20005'54", a radius of 460.00 feet and a chord length of 160.53 feet bearing N 88005'02" E; thence N 78°02'05"E 299.84 feet along said .Joseph Street right-of-way line, thence S 00°19'24" W 8.82 feet; thence S 41°59'48"E 114.13 feet; thence S 89"48'41"E 40.64 feet; thence S 41°59'48"E 72.45 feet; thence 73.89 feet along a curve to the right having a central angle of 42°11'07", a radius of 100.36 feet and a chord length of 72.23 feet bearingS 20°54'15"E; thence S 89"48'41"E 45.00 feet; thence S 00°11'19"W 60.00 feet; thence N 89"48'41"W 60.00 feet; thence 28.83 feet along a curve to the left having a central angle of 17°23'16", a radius of 95.00 feet and a chord length of 28.72 feet hearingS 81"29'41"W; thence S51°27'59"E 158.76 feet; thence S 47°00'45"W 99.42 feet; thence S 41°11'39"E 217.89 feet; thence S OS034'00"W 60.00 feet; thence 96.91 feet along a curve to the left having a central angle of 20052'29", a radius of 266.00 feet and a chord length of 96.38 feet hearingS 85°35'17"W; thence 60.19 feet along a curve to the left having a central angle of 12°57'51", a radius of 266.00 feet and a chord length of 60.06 feet bearing S 68°40'07"W; thence 200.34 feet along a curve to the right having a central angle of 24°25'21", a radius of 470.00 feet and a chord length of 198.83 feet hearingS l1°49'20"E; thence S 00°23'2l"W 83.71 feet; thence S 45°39'59"W 323.40 feet to the Northeast Corner of Ridgeview Estates Addition; thence N 89"44'48"W 1493.43 feet to a point on the southeasterly right-of-way line of White Avenue; SOUTHGATE 2'0 ADDITION DEVELOPMENT AGREEMENT PAGE20F7 ---PAGE BREAK--- 498725 thence 504.00 feet along said southeasterly right-of-way line which is a curve to the left having a central angle of 27°45'59", a radius of 1040.00 feet and a chord length of 499.08 feet bearing N 60°25'40"E; thence N 46°32'40"E 185.56 feet along said southeasterly right-of-way line; thence N 43°27'20"W 40.00 feet to a point on the centerline of White Avenue and the TRUE POINT OF BEGINNING. Said Tract contains 31.68 acres. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER's expense, public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 consisting of street construction, curb, sidewalk, storm sewer systems, water mains, and sanitary sewer mains; all in accordance with City Standards and approved engineering plans. III. 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. N. CITY'S COVENANT: CITY shall issue building permits for DEVELOPER's property described above (upon payment of permit fees, public utility inspection fees of one percent (1.00%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) only after construction and installation of all public improvements and acceptance of such by CITY for maintenance or after adequate security as described in Moscow City Code Sections 5-1-10 and as described in sections VI and VII herein has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: A. DEVELOPER agrees to construct, at DEVELOPER's expense, street construction, curb, sidewalk, storm sewer systems, water mains, and sanitary sewer mains all in accordance with CITY approved engineering design plans, to CITY standards, during and under the terms of this Agreement; and B. DEVELOPER agrees to furnish to CITY, at DEVELOPER's expense, engineering design plans (for the required public improvements) prepared by an Idabo Licensed Professional Engineer. Such plans shall be approved by the Moscow City Engineer prior to beginning any construction; and C. DEVELOPER agrees that DEVELOPER shall construct streets, curb, sidewalk, storm sewer systems, water mains, and sanitary sewer mains within nine months from the date of the issuance of the first building permit; and D. If DEVELOPER fails to complete installation of the required public improvements within nine months from the date of the issuance of the first building permit, to City standards and as per the approved plans, CITY shall revoke occupancy of the entire development and shall revoke any applicable permit issued to DEVELOPER by CITY. SOUTHGATE 2'0 ADDITION DEVELOPMENT AGREEMENT PAGEl OF7 ---PAGE BREAK--- VI. SECURITY FOR IMPROVEMENTS: 498725 In lieu of DEVELOPER's 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-I-I 0 it will issue building permits (upon payment of permit fees, public utility inspection fees of one percent (1.00%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPER's development. If DEVELOPER fails to complete installation of the public improvements as required by CITY within nine months from the date of the issuance of the first building permit CITY may attach the security and cause the improvements to be made or CITY may cause improvements to be made and attach a lien on the property in the amount of CITY expense incurred as a result of DEVELOPER's failure to comply with this Agreement. Any engineering or construction costs in excess of the security shall be borne by DEVELOPER. Any additional construction services shall be performed subject to the laws of the State of Idaho relative to public works contracting and bidding. VII. FORM OF SECURITY: DEVELOPER agrees to provide security for the public improvements in the amount to be determined by the City Engineer. This 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 to 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 one year 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 II are not completed within nine months from the issuance of the first building permit, 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 DEVELOPER or the security or financial institution, or the value or terms thereof shall be 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, DEVELOPER 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. VIII. PARKLAND DEDICATION: DEVELOPER has previously satisfied the Moscow City Code requirement for parkland dedication related to this development. SOUTHGATE ADDITION DEVELOPMENT AGREEMENT PAGE4 OF 7 ---PAGE BREAK--- IX. STREET TREES: 498725 DEVELOPER agrees to voluntarily contribute to the CITY Twenty Thousand Eight Hundred Dollars ($20,800) to be placed in a street tree fund to be distributed to lot owners in the Southgate Division for the purchase of street trees in the Southgate Division. The amount assessed for each lot shall be provided to each such lot owner for the purchase of street trees for said lot in accordance with current City of Moscow Standard Construction Specifications and Drawings (Resolutions Nos. 97-04 and 00--02). Payment shall be received by CITY prior to issuance of building permits. X. CONSTRUCTION DRA DEVELOPER agrees 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. Xl FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. XII. BINDING ON HEIRS, ASSIGNS AND PURCHASER: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XIII. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any part of the development for any purpose until the described public improvements are completed and accepted by the CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. XIV. 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. XV. MODIFICATION: DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon request of DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the Moscow City Council or by a subsequent development agreement between the parties. XVI. 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. SOUTHGATE 2ND ADDITION DEVELOPMENT AGREEMENT PAGESOF7 ---PAGE BREAK--- 4:8725 XVII. 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 addressed: DEVELOPER: JEMCA, L.L.C. CITY: P.O. Box 8025 Moscow, ID 83843 Phone: (208) 301-2370 FAX: (208) 882-8852 Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 Moscow, ID 83843 Phone: (208) 883-7000 FAX: (208) 883-7018 XVIII. UNDERSTANDING: DEVELOPER has read and understood this Agreement and the contents thereof and has had the opportunity to avail itself 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, the parties have executed this Agreement to be effective the date first above written. Michael A. Salisbury JEMCA, L.L.C. Manager SOUTHGATE zND ADDITION DEVELOPMENT AGREEMENT PAGE 60F 7 ---PAGE BREAK--- STATE OF l:8'd\oo County of £1 ) ) s.s. ) On this \ 7 day of \ " , 2005, before me, the undersigned, a Notary in and for said State, personally appeared chael A. Salisbury known to me to be the Manager of JEMCA, L.L.C. whose name is subscribed to the foregoing and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. EXPIRES 7-2fl-2!lOb cu>-o NOTARY PUBLIC for Residing at VV\ 0 SC s" uJ My Commission Expires: 3- h o \ ·-z..co\o 49)8725 SOUTHGATE 2ND ADDITION DEVELOPMENT AGREEMENT PAGE70F7