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404979 DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into thisl¦ day of April . , 1994, by and between Jennifer and Timothy Shawley (hereinafter referred to as "DEVELOPER") and the City of Moscow, a Municipal Corporation of the state of Idaho (hereinafter referred to as the "CITY"), for purposes of improving real property within the City of Moscow. WITNESSETH: WHEREAS, the City of Moscow ordinances and regulations require the installation of public improvements, including curb and sidewalk improvements adjacent to property which is being built upon; and, WHEREAS, the parties mutually desire to ensure that such improvements are constructed; NOW THEREFORE and in consideration of the following mutual promises, Developer and the City hereby agree and covenant as follows: 1. PROPERTY AFFECTED. The property which is the subject of this agreement is described as follows: Beginning at the intersection of the West right-of-way of Lieuallen Street with the South right-of-way of nA" Street; thence S89°26121"W 391.45 feet along the South right-of-way of Street to the TRUE POINT OF BEGINNING; thence S0°44 139 "E 360.76 feet to the North right-of-way of Idaho State Highway 8; thence Westerly along said right-of-way 161.64 feet on a curve to the left (Delta = 13°17139", Radius = 696.62 feet, Chord bearing N72°06116"W 161.27 feet); thence S88°48'22"W 7 .18 feet along said right -of -way; thence N0°44 139 "W 309.79 feet to the South right-of-way of Street; thence N89°26 '21 "E 160.00 feet along the south right of-way of Street to the TRUE POINT OF BEGINNING. 2. PUBLIC IMPROVEMENTS. The Developer agrees to install, at its sole expense, curbing, sidewalk, catch basins, and additional necessary pavement adjacent to Street for the length of said development along the south side of street as shown on the approved site plan submitted by Developer. ---PAGE BREAK--- . 40497@ 3. CITY COVENANT. The City shall issue building permits subsequent to construction and inspection of said improvements described in section 2 of this Agreement or when security in the amount of 400.00 has been deposited with the City in accordance with section 4 of this agreement. Security for public improvements as described in section 2 of this Agreement shall be provided in an amount of $7,400.00 as contained in Exhibit attached and incorporated by this reference. It is further agreed that the security must be effective for a minimum period of ONE HUNDRED EIGHTY (180) days from the date of the issuance of the building permit. 4. SECURITY FOR IMPROVEMENT . . The City agrees that upon receipt of security described in paragraphs 3 and 5 of this Agreement, it will issue building permits (upon payment of permit fees). It is further agreed that the security shall be utilized as follows: If Developer fails to complete construction ? the public improvements described in section 2 >ays of the issuance of said building permits, the City may attach the security described in section 3 and cause such improvements to be made. Any costs associated with the construction of such improvements 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 of Idaho. 5. FORM OF SECURITY. Security shall be in the form of a construction bond, irrevocable letter of credit from a certified band or other financial institution, or such other form of security acceptable by the City Attorney prior to the issuance of building permits by the City. 6. TERM. This agreement shall remain in effect until all improvements as described herein are completed and accepted by the City, and in no event shall the time period to construct the improvements described in section 2 exceed NINETY (90) days, unless said time period is extended by the City. If said time period is extended by the City, Developer shall undertake it its sole expense to extend for a like period the security for improvements. ---PAGE BREAK--- 40497@ 7. COVENANTS TO RUN WITH LAND. This agreement shall run with the land and the benefits and burdens herein described shall be binding on the parties heirs, assigns and successors in interest. IN WITNESS WHEREOF, the Parties cause this agreement to be executed to be effective the day and year first set for the above. This agreement was approved by the Moscow City Council at their regular meeting on the 18th day of April , 1994. State of Idaho ) ) ss County of Latah ) . Paul C. Agidius, Mayor / T1mothy Shawley On this J c;.!fo day of Ut:v?&f , 1994, before me, a Notary Public in and for said State, appeared Paul Agidius, known to be to be the person named above and acknowledged to me that he executed the foregoing agreement as Mayor of the city of Moscow. •11 H (j6''l, û 2. 3 A4 • 0 : ú : : : 5* : 1 ':tü\ J. ' f> v B 0 J' : £ , < E oe J Notary Public in and for the State of Idaho. ---PAGE BREAK--- State of Idaho ss County of _L_a_t_a _h _ On this 26th day of May • 1994, before me, a 404979 Notary Public in and for said State, appeared Jennifer and Timothy Shawley, known to be to be the persons named above and acknowledged to me that he executed the foregoing agreement on behalf of Jennifer and Timothy Shawley. ---PAGE BREAK--- 4049?9 EXHIBIT Shawley Development - East of Hardees Development Agreement Estimate 1. Curb 135 lin. ft. 2. Sidewalk 145 lin. ft. 3. Paving 65 sq. yds. 4. Catch Basins 2 ea. $ 9.00 $ 13.00 $ 22.50 $750.00 Estimated construction cost . . Contingency ® 10% . . . . . . . $1,215.00 1, 885.00 1, 463.00 1,500. 00 Engineering and administration @ 12% . . 063.00 607.00 730.00 TOTAL. . . . . . . . . . . . . . . 400.00 Dean c. Weyen, P. E. Asst. City Engineer April 14, 1994 4048J79 NO. ATTHE REQUEST Of: . . j J}J . & HOUR: I HAY 21 1991t JD= m. SUSAN PETERSEN LATAH COUNTY REC P. FEr:$ /15 BY FILMED ---PAGE BREAK--- Cit V o·f c CHA! Moscow. I daho 83843 . l\1c\VOt" Paul Ptq i d{llC.<:=. Citv Council Members e n n e õ3 h c:-lli¡ 1 v NV..J 350 Dillon Pullman. Wa.99163 This letter is to describe to vou mv intend or vour consideration ox the a l lowing cropertv to be subdivided into two lots. The oropertv is between Moscow Pullman Hiohwav and A Street next to Hardee's restaurant. The olan5 are to d ivi de the property" wit h mv partner Timothy Shawlev . TR Video to build an 18.000 square foot mini mall Each of us will own secaratelv. haly of the procertv and buildings. when construc tion is completed. Inclosed is a mao showinq the line of division. 160.0 feet -fr·om P·t r;t 1· I will be anxiously awaiting your permission and decision of this subdivision recuest. Please contact mvself for needed discussion oz olans. ---PAGE BREAK--- _ · · · _ · _ _ _ - _ - _ : "T = · , - 0 - -h 8 . _ ,i _ _f _ 3 _ j _ . l _ - ,r ' - 1/ ' , j / \ ' ' ' \ ' \ ' ' \ ' r, \ ' ' \ ' ' ' ' ' \ ' ' \ ' ' \ ' ' ' ' ' ' _ ' ' \ ' \ \ ' ' ' ' \ \ ' \ ' \ \ ' ' ' ' ' 0 ' ' ' \ \ \ \ \ u ' \ \ \ ' ' ' ' ' ' / - - - - :!56-S - " \ ' ' · · / \ s 0 I } I I I I I Iô " ' I I I I . , ·1 I I I I I j t ' \ ' ' ' 0 ' '-2570' : ( . ) If If 'I i I I 1G9 / I I I - \ I I I I ~ f , ! , I s6-:- I ·a '1 I I I 1· i I I I I I J I I / I / I / / / / / / / / . / - . I I I / P . 02 (l C) -3 / I