Full Text
AGREEMENT BETWEEN MADEE, L.L.C. OR\G\NAL D/B/A ROBINSON'S MOBILE HOME COURTS, GYORA PEER, INDIVIDUALLY, NIRIT PEER, INDIVIDUALLY AND CITY OF MOSCOW, IDAHO sf- This Agreement (hereinafter "Agreement) is entered into this 2 I day of f 2007 between MADEE LLC, doing business as Robinson's Mobile Home Courts, an Idaho Limited Liability Company, (hereinafter "DEVELOPER") and Gyora Peer, individually, and Nirit Peer, individually, (hereinafter "the PEERS") and City of Moscow, a municipal corporation of the State of Idaho, (hereinafter "CITY"). W I T N ESS E TH: WHEREAS, DEVELOPER and PEERS recently purchased property in and around the area commonly known as Robinson's Mobile Home Courts, located in the City of Moscow, Idaho. DEVELOPER purchased real estate containing all of the developed portion of the Robinson mobile home court (hereinafter referred to as "Property"). A true and correct legal description of the Property is attached to this Agreement and fully incorporated herein as Exhibit A. PEERS purchased property located immediate! y to the west of mobile home court as well as a small portion of property to the northeast. Property purchased by the PEERS shall be referred to as "Adjoining Property". A true and correct legal description of Adjoining Property is attached to this Agreement and fully incorporated herein as Exhibit B. As part of the purchase of the Property and the Adjoining Property, one of the assets transferred to DEVELOPER was a Permit for Mobile Home Park issued on April 22, 1980 by CITY for Robinson's Mobile Home Park Expansion (hereinafter "Permit"). A true and correct copy of such Permit is attached to this Agreement as Exhibit C. It is DEVELOPER's understanding that a total of two hundred twenty one (221) additional mobile home spaces were paid for and permitted as of the date of such Permit with the intent that increases in the fees charged by the City as during the dependency of the permit would be avoided. Both the Property and the Adjoining Property were included within the area covered by the Permit. WHEREAS, as of the date of this Agreement, one hundred thirteen (113) of the two hundred twenty-one (221) spaces with the Property and pursuant to the Permit have been developed and are currently occupied by mobile home sites; and DEVELOPMENT AGREEMENT CiTY AND MADEE/PEER PAGE! OF 14 2007-09 ---PAGE BREAK--- WHEREAS, no additional permit or connection fees appear to have been paid between the issuance of the Permit in 1980 and the date of this Agreement; and WHEREAS, CITY does not agree that the Permit issued April 22, 1980 allows for further expansion beyond the current mobile home space sites; and WHEREAS, CITY does not agree that the Permit is currently valid for purposes of development of additional sites; and WHEREAS, CITY believes that it is unclear that either DEVELOPER and/or PEERS have the ability to further develop mobile home sites within the Property or Adjoining Property; and WHEREAS, CITY finds it to be in the public interest to restrict the number of additional mobile home spaces which can be developed within the Property and the Adjoining Property as of the date of this Agreement; ensure its compliance with current Moscow City Code Title 6, Chapter 2 for ensuring the health and safety of the public; acquire additional right-of-way on the north side of the Property and Adjoining Property; compromise with DEVELOPERS and PEERS on relinquishment of all rights related to the Permit except for twenty (20) mobile home sites; and agree upon a sum certain to be paid as a permit fee(s) as further explained in this Agreement; and WHEREAS, in an attempt to resolve a disputed, doubtful and uncertain claim and to avoid further uncertainty dispute and/or litigation all parties wish to enter iuto this Agreement willingly and because it appears to be a fair resolution of such disputed, doubtful and uncertain claims; and WHEREAS, DEVELOPER has submitted a site plan to CITY for the purpose of adding ten (10) additional mobile homes to the five thousand block of the Robinson's Mobile Home Courts with the request that such site plan (hereinafter "the Plan") be reviewed under and for compliance with the 1972 City Ordinance No. 1221 and under the original Permit for Mobile Home Park; and NOW THEREFORE, and in consideration of the mutual promises contained herein, it is mutually agreed between DEVELOPER, PEERS and CITY as follows: I. Property Development in General DEVELOPMENT AGREEMENT CJTY A:\D :\1ADEE/PEER PAGE20F 14 ---PAGE BREAK--- I. The property affected by this Agreement includes property commonly known as the Robinson's Mobile Home Court Property, (the Property) and property adjoining the Property (Adjoining Property) all as shown on Exhibits A and B attached hereto and made a part of this Agreement, the same as if fully copied herein. 2. DEVELOPER shall hereby retain up to twenty (20) permits (hereinafter "Retained Permits") for mobile homes previously recognized to be related to Robinson's Mobile Home Park through the Permit for Mobile Home Park Expansion issued by CITY on April 22, 1980 (the Permit). "Retained Permits" includes within its meaning any Site Development Permits provided for under Moscow City Ordinance Title 6, Chapter 2 as well as mobile home installation permits as required under Moscow City Ordinance Title 6, Chapter 5. 3. DEVELOPER hereby agrees to the termination of any other and/or further permits for the development of mobile home park spaces contained within the Permit for Mobile Home Expansion issued by CITY on April 22. 1980. 4. DEVELOPER does hereby specifically relinquish any and all permits, and all associated rights and privileges attached to such Permits other than the Retained Permits mentioned hereinabove. 5. In addition to relinquishing all but the Retained Permits mentioned hereinabove, Gyora Peer, individually, and Nirit Peer, individually, (the PEERS) further specifically waive, relinquish and release any rights each may have individually or jointly or which may have attached to the Adjoining Property to make use of or effectuate any permit rights under the Permit issued by City dated April 22, 1980. II. Permit Fees 6. CITY and DEVELOPER agree that permit fees for the development of mobile home sites within the Property have already been paid to and received by CITY for the twenty (20) Retained Permits and that CITY hereby agrees to waive and not to collect any additional fees for the development of the twenty (20) Retained Permits for mobile home development within the Property, including the permitting of the Retained Permits or inspection of properties related to the Retained Permits. CITY agrees that such mobile home park space development permit fees previously collected and not to be charged or collected in the future (related to the Retained Permits) include those fees listed in Exhibit D attached hereto and incorporated herein by reference. Such waiver of permit fees shall be applicable regardless of whether the mobile home is owned by DEVELOPER or is owned by someone other than DEVELOPER; provided, DEVELOP\1ENT AGREEMENT CJTY AND MADEE/PEER PAGE3 OF 14 ---PAGE BREAK--- however, and by way of clarification, that the waiver of permit fees set forth herein is not a waiver of the requirement to make application for any and all permits as may be required by Moscow City Ordinance and is not a waiver or bar to CITY's right to inspect the permitted activity. Therefore, DEVELOPER or its agents shall be required to make application for and to secure all permits required by relevant Moscow City Ordinance(s) for any development activity requiring a permit and CITY reserves all CITY's rights pursuant to permit application and City Ordinance to carry out inspections as required by relevant Moscow City Ordinance(s) for any such development activity. Following the granting of any certificate of occupancy for any particular mobile home installation, and additional development activity which is required by Moscow City Ordinance to be permitted, including, but not limited to (and by way of example), the addition of outbuildings, porches, decks, or other attached structures, shall require the owner or occupant to apply for such permit and to pay the permit fee then existing for such permit. 7. CITY shall issue up to twenty (20) permits (representing the Retained Permits) conditioned upon DEVELOPER meeting all mobile home space permit standards existing as of the time such retained permits are requested. This Agreement to forego mobile home park space development permit fees shall not include fees related to any City enterprise ("enterprise") fund for sewer and/or water equity buy-in amounts or sewer and/or water physical connection fees. Such sewer and/or water equity buy-in amounts and/or physical connection fees for the twenty (20) Retained Permits shall not exceed a total amount of one thousand one hundred ninety dollars ($1,190) for the Sewer equity buy-in amount and physical connection fee and one thousand two hundred thirty dollars ($1,230) for the Water equity buy-in amount and physical connection fee. Such sewer and/or water equity buy-in amounts and sewer and/or water physical connection fees shall be paid before, but only at such time as, any City sewer and/or water connection is made to a specific mobile home park space within the twenty (20) Retained Permit spaces. III. Property, Development Specific 8. It is agreed between all parties to this Agreement that the first ten ( 10) of the Retained Permits shall he used for the placement of mobile homes according to the site development plan (the Plan) submitted to CITY in conjunction with reaching this Agreement, which Plan has been approved by appropriate staff members within CITY. The approved Plan is attached hereto as Exhibit E. The Plan was submitted pursuant to City Ordinance Title 6, DEVELOPMENT AOREE!v!ENT CITY AND MADEE/PEER PAGE40F 14 ---PAGE BREAK--- Chapter 2 and the DEVELOPER shall pay the engineering fee as set forth in the attached Exhibit D. 9. The second ten (10) of the twenty (20) Retained Permits shall comply with City of Moscow plan review requirements as of the date each application for such second ten (10) Retained Permits as required by Moscow City Code Title Six, Chapter Two, as amended, and any successor or related ordinance(s). Any further development for which a site plan review is required to be submitted by Moscow City Ordinance shall incur the usual and customary site plan review fee existing when such plan is submitted for review. IV. Dedication of Public Right-of-way 10. DEVELOPER and PEERS shall deed and dedicate to CITY for public right-of- way, utility easement, and other related purposes, the northermnost thirty feet (30') of the Property (hereinafter "Dedication"). Such dedication shall be subordinate to the lien of the Deed of Trust current! y in place upon the Property, shall not impair the lien or such security interest in any way, and shall not be recorded without the prior written consent of the Deed of Trust beneficiary. The parties agree that this Agreement shall be construed so as not to breach or violate any of the restrictions on transfer or lien impairment in the Deed of Tmst or other Security Instruments. DEVELOPER shall use DEVELOPER's best efforts to secure the agreement of the beneficiary of the Deed of Trust to subordinate such Dedication. Other than the prohibition against impairing the lien and the security interest, and the prohibition on recording such Dedication without prior written permission of the Deed of Trust beneficiary to subordinate its interest, DEVELOPER and PEERS, by execution of this Agreement, do hereby assign to CITY all right, title and interest in the Property to the extent necessary to provide Dedication to City at such time as permission to subordinate is granted. Further, DEVELOPER and PEERS shall not either for themselves, their successors and/or assigns, permit or allow use of the right-of-way dedicated herein for access to the Property unless and until all necessary street improvements are made to then-current City standards prior to such use. However, it is not the Parties' intent or presumption that the costs of any such improvements shall be the obligation of DEVELOPER or PEERS to make such improvements. V. Property Division 11. DEVELOPER shall submit a lot division application for DEVELOPER and for PEERS in order to provide CITY the opportunity to formally process a lot division application DEVELOPMENT AGREE91EST CITY AND MADEE/PEER PAGE5 OF l4 ---PAGE BREAK--- for the division of ownership of the Property and Adjoining Property for which the original Permit was issued and which is now owned by DEVELOPER and by PEERS. This Agreement is contingent upon CITY's granting of a lot division as per the application of DEVELOPER and PEERS as provided herein. It is understood and agreed that the lot division application shall be processed in the usual and customary method as provided for by Moscow City Ordinance. Granting of such lot division is a condition precedent to this Agreement. VI. Further Development Considerations 12. As pertains to the expansion of the park using the twenty (20) Retained Permits and the attendant rights retained by DEVELOPER, CITY agrees that DEVELOPER shall not be assessed or charged for any expansion or extension of CITY owned utilities, sewer lines, water lines, storm drains, or other CITY infrastructure improvements which may be required to be installed outside of the boundaries of the Property to accommodate the expanded use and service demand related to the twenty (20) mobile home sites. All such CITY infrastructure improvements, if any, shall be at the cost of CITY. Further, it is acknowledged and agreed that the utilities, sewer lines, water lines, and storm drains infrastructure owned by DEVELOPER and which are located on the Property are adequate to accommodate the addition of twenty (20) mobile home sites pursuant to the Retained Permits. VII. Expiration of Retained Permits 13. The first ten (10) of the Retained Permits shall be valid only for seven years from the date of the approval of the lot division. The remaining ten (10) of the twenty (20) Retained Permits shall be valid only for only ten (10) years from the date of the approval of the lot division. If any of the Retained Permits are not applied for prior to the respective expiration dates set out in this section, such Retained Permits are automatically expired and shall not be subject to any provision of this Agreement unless otherwise agreed upon in writing by the parties prior to the expiration of the seven years and ten (10) years respectively. 'Vlll. Other Provisions 14. Jurisdiction and Venue It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. 15. Modification and Assignability of Agreement DEVELOPME:-.JT AGREEMENT CITY AND MADEE/PEER PAGE60F 14 ---PAGE BREAK--- Neither DEVELOPER nor PEERS shall subcontract or assign their rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of all parties to this Agreement. Such subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. 16. Agreement Binding This Agreement shall be binding upon the parties and their respective heirs, legal representatives, successors and assigns . . sl:- ,j Dated this ! _day of fV!c,r STATE OF D C01JNTY OF 1-f\Tp,_ r\ ) ) ss. ) , 2007. r, Individually PAGE 7 OF 14 ---PAGE BREAK--- STATE OF C£\l\ flJ!ft\4 fl,, /i cl\u'7l ) ss. COUNTY OF IAJI\A V\ . ) ACKNOWLEDGMENT On this ').lUi day of M , 2007, before me, a Notary Public · and for said State, appeared Gyora Peer, known to me to be t e person named above and acknowledged tha h she executed the toregomg document as the duly authorized owner of the Adjoining Property as definesl,in t · s greement. ' ' Notary Publi Residing at My commission expires_-J'..f-'"tlf.,l.;"'!=- ACKNOWLEDGMENT STATE OF c IJ r (tV\) 4 ) - dl ss COUNTY OF Ut0 f1ttj) . On this ?-.lek day of IMP , 2007, before me, a Notary Public in and tor said State, appeared Nirit Peer, known to me to be te person named above and acknowledged that he@executed the foregoing document as the duly authorized owner of the Adjoining Proper! den ed a this greement. ERESH - DEVElNOPMENT AGREEMENT C!TY A.:\D MADEE/PECR PAGE 8 OF 14 ---PAGE BREAK--- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT @ farrt({ On M&ff OQ before me, personally appeared n-.d"1r7 Place Notary Sea! Above personally known to me 'f!)or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isubscribed to the within i rumen! and acknowle'aQedme that he/she ey ecuted the same in · /her eir uthorized capacity es), and that by his/hig re(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and fficrat;;l. t j ' o I ' · Stgnature Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DocumenAA h rA " " • Title or Type of Document: Document Date: ;f)tlO 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 9igner's Name: 7 Individual Corporate Officer-Title(s) Partner - Limited General Attorney in Fact Trustee Guardian or Conservator Other: _ Signer !s Representing: 1 Tcp d .tn;rnb i?3Kf:@ABC';Sii;$T;fD$?'-Jij:f$E£0Fc:::TK5-;:;t-;'0:<0JGHI"!S-':i 2006 Nat1cnst Notary AssociBiiOri • 9350 De Scio Ave P.O. Box 2402 • Chatsv:crlh. CA 9'1313-2402 ll8m No. 5907 vGCS Reorder: Call TDii"Free 'H3Q0-87G-6827 ---PAGE BREAK--- Exhibit A -Property Description A parcel of land located in the NEl/4, of Section 7, T39N, R5W, BM, Latah County, Idaho, and being more particularly described as follows: Commencing at the Northwest Comer of the NEl/4 of said Section 7, thence along the northerly line of said Section 7, N 86°30'00" E, 577.75 feet, to the True Point of Beginning; Thence continuing along said northerly line, N 86°30'00" E, 917.89 feet, to the intersection with the westerly right-of-way line of North Almon Street as described in that Deed of Dedication, Instrument No. 373415 and on file at the Recorder's office, Latah County, Idaho; Thence departing said northerly line, along said westerly right-of-way line, S 48°02'54" E, 17.01 feet; Thence departing said westerly right-of-way line, S 11 °59'48" E, 515.95 feet; Thence, N 64°59'58" E, 248.35 feet, to the intersection with said westerly right-of-way line of North Almon Street; Thence along said westerly right-of-way line, 205.18 feet along a curve to the right, Delta= 14 °52' 11 Radius = 790.59 feet, Chord= 204.60 feet, and Chord Bearing S 15°26'06" E; Thence, N 82°00'00" E, 8.00; Thence, S 7°58'45" E, 357.59 feet; Thence, 251.29 feet along a curve to the right, Delta= 12°51 '43", Radius= 1119.42 feet, Chord = 250.76 feet, and Chord BearingS 1°32'53" E; Thence, S 4°52'58" W, 158.19 feet; Thence, 151.34 feet along a curve to the left, Delta= 1 °46'52", Radius= 4868.40 feet, Chord= 151.33 feet, and Chord BearingS 3°59'32" W; Thence, S 3°06'06" W, 66.74 feet; Thence continuing along said westerly right-of-way line, 18.72 feet along a curve to the left, Delta= 0°38'41", Radius= 1663.52 feet, Chord= 18.72 feet, and Chord BearingS 2°46'45" W, to the southwesterly comer of said Deed of Dedication, No. 373415; Thence continuing along the westerly right-of-way line of North Almon Street, N 88° 14'54" W, 4.00 feet; Thence, 256.43 feet along a curve to the left, Delta= 8°48' 40", Radius= 1667.52 feet, Chord= 256.18 feet, and Chord Bearing S 1 °57'02" E; Thence, S 6°21 '22" E, 45.76 feet; Thence, 254.94 feet along a curve to the right, Delta= 6°59' 13", Radius= 2090.61 feet, Chord= 254.78 feet, and Chord BearingS 2°51 '45" E; Thence, S 0°37'5! 274.09 feet; DEVELOPMENT AGREEMENT CtTY AND MADEE/PEER PAGE90Fl4 ---PAGE BREAK--- Thence, 75.03 feet along a curve to the left, Delta= 5°35'59", Radius= 767.70 feet, Chord= 75.00 feet, and Chord BearingS 2°10'08" E; Thence continuing along said westerly right-of-way line, S 4°58'08" E, 107.84 feet, to the intersection with the southerly line of said NEI/4 of Section 7; Thence along said southerly line, S 86°47'23" W, 1340.53 feet to a point, said point being N 86°47'23" E, 630.30 feet from the Southwest Comer of the NEI/4 of said Section 7; Thence departing said southerly line of the NEI/4, N 0°18'37" W, 30.00 feet, Thence, N 69°29' 19" W, 281.03 feet, to the intersection with the easterly right-of-way line of Sunset Drive; Thence along said easterly right-of-way line, N 29°30'37" W. 63.32 feet; Thence departing said easterly right-of-way line, N 0°10'23" E, 595.96 feet; Thence, S 88°24' 44" E, 305.61 feet; Thence, N 7°55' 57" E. 886.01 feet; Thence, N 10°18' 01" W, 1004.87 feet, to the True Point of Beginning. The above described parcel contains 77.73 acres, more or less. 0EVEIDPMEKT AGREEMENT C!TY AND ÕiADEE/PLER PAGE IOOF 14 ---PAGE BREAK--- Exhibit B - Adjacent Property Description A parcel of land located in the W l/2NE114, of Section 7, T39N, R5W, BM, Latah County, Idaho, and being more particularly described as follows: Beginning at the North Quarter (Nl/4) Comer of said Section 7, being the Tme Point of Beginning; Thence along the northerly line of said Section 7, N 86°30'00" E, 577.75 feet; Thence departing said northerly line, S 10°18'01" E, 1004.87 feet; Thence, S 7°55'57" W, 886.01 feet; Thence, N 88°24' 44" W, 305.61 feet; Thence, S 0°10'23" W, 595.96 feet, to the northeasterly right-of-way of Sunset Dr.; Thence along said northeasterly right-of-way, N 29°30'37" W, 287.35 feet; Thence 205.25 feet along a curve to the left, Delta= 12°00'00", Radius= 980.00 feet, Chord= 204.88 feet, and Chord Bearing N 35°30'37" W; Thence continuing along said right-of-way, N 41 °30'37" W, 63.59 feet, Thence, departing said right-of-way, N 00°10'23" E, 635.23 feet; Thence, N 89°49'37" W, 30.00 feet, to the Northwest Comer of the SWl/4NE1/4 of said Section 7; Thence, along the westerly line of said NEl/4, N 00°10'23" E, 1318.65 feet, to the Trne Point of Beginning, and A parcel of land located in the NEl/4NEl/4, of Section 7, T39N, R5W, BM, Latah County, Idaho, and being more particularly described as follows: Commencing at the Northeast Comer of said Section 7, thence along the northerly line of said Section 7, S 86°30'00" W, 1147.85 feet, to the intersection with the westerly right-of-way line of North Almon Street as described in that Deed of Dedication, Instrument No. 373415 and on file at the Recorder's office, Latah County, Idaho, thence departing said northerly line, along said westerly right-of-way line, S 48°02'54" E, 17.01 feet to the True Point of Beginning; Thence continuing along said westerly right-of-way line, S 48°02'54" E, 178.02 feet; Thence 347.42 feet along a curve to the right, Delta= 25°10'43", Radius= 790.59 feet, Chord= 344.63 feet, and Chord BearingS 35°27'33" E;O Thence departing said westerly right-of-way, S 64 °59' 58" W, 248.35 feet, Thence, N 11°59'48" W, 515.95 feet, to the True Point of Beginning. DEVELOPMENT AGREEMENT CnY AND MADEE/PEER PAGE! l OF 14 ---PAGE BREAK--- Exhibit C - Insert Photocopy of 1980 Permit PERMIT For Mobile Home Park Location Number of Spoces Number of Independent Homes " ;Ó;:;-;Ô22 Number of Dependent Homes " Accessory Buildings (Describe) " " " MOBILE HOME PARK FOUND TO BE !N COMPLIANCE WITH ORDINANCE NO. 12Ò1. WITH THE FOLLOWING EXCEPL TlONS PERMITTED IN ACCORDANCE WITH SECTION 2 SUB-SECTION 3 OF ORDINANCE NO, 1221 (EXCEPTIONS) Permit Number Offidai DlOVELOPMENT AGREEMENT CITY i\ND \1ADEE!PEEIP P:\GE 12 OF 14 ---PAGE BREAK--- Exhibit D ROBINSON MOBILE HOME PARK PERMIT COSTS PER MANUFACTURED HOME SITE SEWER TAP SEWER INSPECTIONS GAS/MECHANICAL PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MOBILE HOME INSTALL MOBILE HOME PARK FEES CONSTRUCTION PERMIT PER LOT FEE OCCUPANCY PERMIT ENGINEERING FEES DEVELOPMENT AGREEMENT C!TY AND MADEEIPEER $125.00 $70.00 $40.00 $54.00 $81.00 $40.00 $375.00 $5.00 $7.50 $250.00 PAGEl 3 OF 14 ---PAGE BREAK--- Exhibit E -Site plan (the Plan) as approved .I Ð -10 Ñ- [ 0EVELOP\1ENT AGREEMEXT CITY AND MAOEE/PEER Uc' u PAGE l40F 14