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51660:J DEVELOPMENT AGREEMENT FOR PERPETUAL PROVISION AND MAINTENANCE OF PRIVATE PARKLAND AND MAINTENANCE OF STORMWATER DETENTION FACILITIES, FIRE LANES, AND SAFE INGRESS AND EGRESS BETWEEN PROPERTY OWNERS WITHIN GREEN ACRES ADDITION TO THE CITY OF MOSCOW, LATAH COUNTY, IDAHO AND CITY OF MOSCOW, IDAHO THIS DEVELOPMENT AGREEMENT for Perpetual Provision and Maintenance of Private Parkland and Maintenance of Stormwater Detention Facilities, Fire Lanes, and Safe Ingress and Egress Between Green Acres Development, LLC (herein after OWNERS) Within Green Acres Addition to the City of Moscow, Latah County, Idaho, and City of Moscow, Idaho (hereinafter "Agreement") is entered into this lO ib day of Jill , 2007, by and between the property owners within Green Acres Addition, City of Moscow, Idaho (beremafter "OWNERS"), being property owners of real property described herein, and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"). W I T N E S S E T H: WHEREAS, OWNERS desire to own real property within the Green Acres Addition to the City of Moscow, Latah County, Idaho; and WHEREAS, CITY desires to ensure that requirements related to utilization of such property by the public consisting of appropriate and safe ingress and egress transportation mechanisms (such as streets to appropriate and related City standards, adequate fire lanes, and maintained storm water detention facilities); and WHEREAS, CITY desires to ensure that the parkland dedication related to Green Acres Addition is provided in perpetuity; and WHEREAS, although CITY recognizes that there is a declaration of Covenants, Conditions and Restrictions for Green Acres Addition to the City of Moscow, Latah County, Idaho in effect, it wishes to ensure that, should the Homeowners Association created by such Covenants, Conditions and Restrictions be dissolved and/or discontinue functioning, that the CITY will maintain those facilities and arrangements necessary to continue the viability and connectiveness of Green Acres Addition to the rest of the CITY; and WHEREAS, as a condition of the final Planned Unit Development (PUD) and the final plat, open space shall be provided toward meeting the parkland dedication requirement of Moscow City Code § 5-1-S(F); and WHEREAS, in accordance with Moscow City Code § 5-l-5(F)(3)(d) all developers providing private space for park purposes and credited toward public parkland dedication requirements shall require the execution of a recorded development agreement to ensure the timely completion of the development of such lands, and the long term preservation, operation and maintenance of such lands for the park purposes for which they are intended; and WHEREAS, such open space shall be provided and maintained and preserved in perpetuity; and PERPETUAL PROVJSJON OF PARKLAND AND MAINTENANCE, ETC. GREEN ACRES ADDITION PAGEIOF5 2007-23 ---PAGE BREAK--- WHEREAS, the purpose of this Agreement is to ensure that those public related amenities shall continue regardless of the existence and/or functioning of the homeowners association related to the subdivision; and WHEREAS, another purpose of this Agreement is to memorialize some of the conditions of the approval of the PUD and final plat; NOW, THEREFORE, OWNERS and CITY hereby agree as follows: I. Property Affected. This Agreement affects property to be known as Green Acres Addition (a Planned Unit Development) within the City of Moscow, Latah County, Idaho, more particularly described as follows: The North half of Lot 37 in the NEI/4SWI/4 of Section 16, Township 39 North, Range 5 West, B.M. together with that portion of vacated street/alley which attaches by operation of law. The above described parcel being more particularly described as follows: Commencing at the West Quarter Comer of said Section 16, thence southerly along the west line of said Section 16, S 0°57'06" W, 79.59 feet, thence departing said west line, S 89°44'27" E, 1999.43 feet, to a point on the south line of Southgate 2nd Addition, being the True Point of Beginning; Thence continuing, S 89°44'27" E, 659.18 feet, along the south line of Southgate 2nd Addition, to the Northwest comer of Ridgeview Estates; Thence S 0°40'47" W, 350.00 feet along the west line of Ridgeview Estates; Thence N 89°44'27" W, 658.94 feet, along the south line of said North half of Lot 37 of the Plat of Sec. 16, T.39N. R.5W. B.M; Thence N 0°38'24" E, 350.00 feet, along the west line of said Lot 37, to the True Point of Beginning. II. PARKLAND DEDICATION: Private open spaces in this development shall meet parkland dedication requirements of City Code Section 5-l-5.F and shall be in accordance with the Planned Unit Development plans as approved by the City of Moscow. OWNER agrees to develop the required open space, in accordance with such plans, prior to occupying the development and agrees that maintenance and preservation of the open space areas shall remain in perpetuity. Such open space shall be that designated as such on Exhibit to this Agreement. III. OWNERS COVENANT: PERPETIJAL PROVISION OF PARKLAND AND MAINTENANCE, ETC. GREEN ACRES ADDITION PAGE20F5 ---PAGE BREAK--- 516603 A. OWNERS covenant to maintain at OWNERS' collective and/or individual expense, all private streets, alleys, curbs, sidewalks, other private paved areas and private street lighting for the purpose of providing safe, convenient and expeditious access from public streets to individual lots, all in accordance with CITY approved engineering design plans, during and under the terms of this Agreement. B. OWNERS agree to maintain all fire access routes and fire lanes required by State and City Codes, as amended from time, in perpetuity so that there is adequate and safe access to and from the PUD properties and those lots within such property at all times. IV. STORMWATER DETENTION FACILITIES: The storm water detention facility required as a condition of the final PUD and final plat and which is shown on the approved engineering design plans," shall be maintained pursuant to State and City Code, as amended from time, in perpetuity. Such stormwater detention facility shall be functional at all times, shall be kept neat and in good repair, and shall meet all current requirements. V. TERM: This Agreement shall remain in full force and effect in accordance with all of its terms and conditions in perpetuity unless modified by both parties and approved by the City Council. VI. FAILURE TO COMPLY: It is understood by both OWNERS and CITY that failure to comply with all terms of this Agreement may result in the revocation of any and all building permits for occupancy within the Green Acres Addition to the City of Moscow, Latah County, Idaho. VII. 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 ofldaho in and for the County of Latah. VIII. MODIFICATION: OWNERS and CITY agree that the provisions of this Agreement may be modified only upon request of OWNERS 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. IX. COVENANTS TO RUN WITH LAND: PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE, ETC. GREEN ACRES ADDITION PAGE3 OF5 ---PAGE BREAK--- 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. X. UNDERSTANDING: OWNERS have read and understood this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Agreement and before signing it, and hereby enter into it voluntarily, willingly, and without inducement. OWNERS, Green Acres Development, LLC, all subsequent owners, and City of Moscow, Idaho agree that each owner individually is required to contribute a pro rata share for compliance with this Agreement whether or not such Green Acres Development, LLC exists and/or is functioning. Such requirement is individual and obligates each property owner within the Green Acres Addition of the City of Moscow, Latah County, Idaho to comply with all terms of this Agreement. OWNERS: CITY: Green Acres Development, LLC City of Moscow, Idaho PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE. ETC. GREEN ACRES ADDITION PAGE 4 OF 5 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: County of Latah ) On this K day of • 2007, before me, the undersigned, a Notary in and for said State, personally appe ard C. Beebe known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same for and in behalf of DEVELOPER as its duly authorized agent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. N Residing at f X l) My Commission Expires: j:z : / o 'J STATE OF IDAHO ) ) ss: County of Latah ) On this :Jn_ day of , 2007, before me, the undersigned, a Notary in and for said State, personally appeare Jrmer known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same for and in behalf of DEVELOPER as its duly authorized agent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. NOTARY PUBLIC for • ' p ' 'TD ·nr Residing at 10. My Commission Expires: ) 0 f PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE) ETC. GREEN ACRES ADDITION PAGE 5 0F 5 ---PAGE BREAK--- - - - DE ; / :X XO< ?Q :xMx EXHIBIT GREEN ACRES ADDITION DESIGNATED OPEN AREA F:> AREA = 2.26 ACRES , Jl,'l. Jl.'l. X C X Jl.'l. Jl.f Jl.'l. Jl.'ll. ?Q @ .A + * jJ Jt.'e. .A C :X:?Q No 516ooa AT THE REQUEST OF: &!Y_a,C m4fM.>.C DIUE & HOUR: j fle p 7 SUSAN PETERSEN lATAH;NTY RECORDER FEE$ BY 9ii'Af4}i!N/P 8'.1'8"(3