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DEVELOPMENT AGREEMENT BETWEEN ANDREA BECKETT AND CITY OF MOSCOW, IDAHO TillS AGREEMENT is entered into this;? day of , 1997, by and between ANDREA BECKETT (referred to as "DEVELOPER'T,being owner and DEVELOPER of real property as described herein, and the CITY of Moscow, a Municipal Corporation of Idaho (referred to as "CITY), located at 206 East Third Street, Moscow, Idaho 83843. WITNESSETH WHEREAS, DEVELOPER desires to prepare for a lot division and development of property located within the City of Moscow, Idaho, hereinafter described as the southern lot of a I. 77 acre parcel of land located on the west side of Sunset Drive and north of Residence Street, more particularly shown as Lot A in Exhibit attached hereto and incorporated herein by this reference; and WHEREAS, CITY desires to ensure that all conditions upon which the lot division was predicated occur; and WHEREAS, DEVELOPER wishes to begin construction of a structure on the northern lot which has been created by the lot division approved by Moscow City Council February 3, 1997; and WHEREAS, DEVELOPER and CITY wish to enter into a Development Agreement to ensure the appropriate, safe, and desirable development of this property for both DEVELOPER and CITY; NOW THEREFORE, DEVELOPER and CITY hereby agree as follows I. PROPERTY AFFECTED. This Agreement affects property, or any portion thereof, located within the CITY of Moscow, Idaho, generally known as a I. 77 acre parcel of land located on the west side of Sunset Drive and north of Residence Street, more particularly shown as Lot A and Lot B in Exhibit attached hereto and incorporated herein by this reference. PUBLIC IMPROVEMENTS. A DEVELOPER agrees that the issuance of building permits for DEVELOPER's development will occur either following the construction and installation of all public improvements and after the acceptance of such by CITY for maintenance, or only after adequate security as described in Moscow City Code §5-1-10 has been provided by DEVELOPER to ensure proper construction of the required public improvements, except as otherwise agreed upon hereinbelow; and B. DEVELOPER further agrees that the portion of Sunset Drive north of the south lot line of Lot A and south of the gate across Sunset Drive north of Lot A will be widened by DEVELOPER to twenty (20) feet wide and DEVELOPMENT AGREEMENT Page I 97-24 ---PAGE BREAK--- RERECORD C. DEVELOPER further agrees to fix the north lot line division of Lot A at not more than eighty (80) feet north of the south boundary of Lot A as shown on Exhibit and D. DEVELOPER further agrees that the existing City gate will be relocated by CITY at the most southern possible point in the Sunset Drive right-of way which will still allow a thirty (30) foot radius cul-de-sac to be constructed with gravel on that portion of Sunset Drive which is in front of Lot A E. DEVELOPER further agrees to construct a thirty (30) foot radius cul-de-sac with gravel on that portion of Sunset Drive which will allow for a turnaround south of the gate to be placed across Sunset Drive, not more than twenty (20) feet north of Lot and F. DEVELOPER further agrees to construct to City standards, at its sole expense, the following public improvements on the west one-half of Sunset Drive adjacent to Lot A and Lot B as shown on Exhibit when required by City Council: paved street (includes base preparation), curb, sidewalk, earthwork, erosion and sedimentation controls. G. DEVELOPER further agrees not to oppose any Local Improvement District or other improvement herein required by the City Council on or adjacent to Lots and "B " 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 or until DEVELOPER provides security to CITY for the public improvements pursuant to Moscow City Code 5-1-10. IV. CITY'S COVENANT CITY shall issue building permits for DEVELOPER's development, (upon payment of permit fees, public utility inspection fees of 0. 7 5% of the City Engineer's estimated construction costs and satisfaction of CITY code requirements) only after construction and installation of the public improvements and only after acceptance of such by CITY for maintenance or after DEVELOPER has paid or after adequate security as described in Moscow City Code §5-1-1 0 has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT DEVELOPER agrees to construct, at its sole expense, to CITY standards and in accordance with approved engineering plans all public improvements above at Sections ILA, B, C, D, and E upon the direction of the City Council and to pay DEVELOPME:N'T AGREEMENT Page 2 ---PAGE BREAK--- any sums for all such public improvements as required by CITY. DEVELOPER agrees to construct, at its sole expense, to CITY standards and in accordance with approved engineering plans all public improvements above at Section ILF upon the direction of the City Council and to pay any sums for all such public improvements as required by City. VL SECURITY FOR IMPROVEMENTS. 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 §5-1-1 0 it will issue building permits (upon payment of permit fees, public utility inspection fees of 0 75% of the City Engineer's estimated construction costs and satisfaction of City Code requirements) for DEVELOPER's development If DEVELOPER fails to complete installation of the public improvements as required by CITY, 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 expenses 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 let by bid, and subject to the laws of the State of Idaho relative to the letting of such bids. VII. FORM OF SECURITY A DEVELOPER agrees to provide security in an amount to be negotiated and accepted by CITY prior to construction of improvements on the property. The security shall be in the form of a 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 eight hundred fifty (850) days 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 are not completed at that time, 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. As improvements are completed and accepted by CITY for maintenance, the amount of security shall be reduced to reflect such completions, provided that such amount shall not be reduced to an amount less than the adjusted estimate of costs of the remaining improvements to be constructed. DEVELOPMENT AGREEMENT Page 3 ---PAGE BREAK--- If for any reason the security for such improvements shall be withdrawn by DEVELOPER or the surety or financial institution, or the value or terms thereof shall be compromised in any way, CITY shall immediately revoke any building permits issued 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 are revoked pursuant to this or any subsequent Development Agreement, such building permits shall be re-issued upon receipt by CITY of new or additional security as required therein. VIII. CONSTRUCTION DRAWINGS. DEVELOPER agrees to furnish, prior to acceptance of the public improvements by CITY, one set of accurate, complete, reproducible, final construction drawings for all of the water, storm sewer, sanitary sewer, curb, house drains, sidewalk, and street improvements when constructed. IX F AlLURE TO COMPLY. If DEVELOPER fails to comply with the terms of this Agreement or this Agreement expires, CITY, after thirty (30) days written notice, may seek specific performance of this Agreement and may attach the security provided by DEVELOPER to complete the improvements. In the event security pursuant to this Agreement and pursuant to Moscow City Code §5-1-1 0 is not provided by DEVELOPER, DEVELOPER agrees that CITY may construct the improvements and be granted by DEVELOPER a lien against the property equal to the amount of CITY's costs to construct such improvements, including attorney's fees. or CITY may vacate the plat DEVELOPER agrees to pay all expenses incurred by 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 subsequent purchasers of the property described herein. XL OCCUPANCY DEVELOPER agrees that no person or entity shall be allowed to construct improvements or to occupy any part of the described property for any purpose until all conditions contained herein at Section II, PUBLIC IMPROVEMENTS, are completed and accepted by CITY DEVELOPMENT AGREEMENT Page4 ---PAGE BREAK--- 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 of the Second Judicial District of the State of Idaho in and for the County of Latah. XIII. MODIFICATION. DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPER accompanied by a complete set of revised plans, and acceptance of such modification by the City Council. 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 CITY, its successors and assigns This Agreement shall be recorded with the Latah County Recorder. 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 Andrea Beckett 235 Home Street Moscow, lD 83843 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 CITY CITY OF MOSCOW By //r-R Andrea Beckett Paul C Agidius, Mayor Attest DEVELOPMENT AGREEMENT Page 5 ---PAGE BREAK--- STATE OF IDAHO ) ACKNOWLEDGMENTS ) ss COUNTY OF LATAH ) A On this Čday of 4 , 1997, before me, the undersigned, a Notary in and for said State, pm:Sonally appeared Andrea Beckett, known to me to be the person whose name is subscribed to the foregoing 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. ' . · ·sTATE OF IDAHO ) ) ss COUNTY OF LATAH ) On this of , 1997, before me a Notary Public in and , f'or said State, appeared Pauf C Agidius, known to me to be the Mayor of the City of tV*u dT,, \4E 23-;yv. Idaho, and acknowledged to me that he executed the fo rego' Deve . lop . ment '-'H"'JftIJ?t 9 . : 0· l ' A . \ 4 ?z.iZ.x..-1 + , < - Notary Public for the State of Idaho / \ , g Residing at 56 \ .r u 8 'v j5'0 / My commission expires , OF IDAHO ) ) ss COUNTY OF LATAH ) On this day of.. · c. IJ , 1997, before me a Notary Public in and for said State, appeared I:,l}line Russell, known to me to be the City Clerk of the City of Moscow, Idaho, and acknowledged to me that she executed the foregoing Development Agreement. • , . • 'Gr[t\F 'iE\D čCm.o Residing atĎ\:\ o:hh My commission expires' Q. \ Cj ·CJ DEVELOPMENT AGREEMENT Page6 ---PAGE BREAK--- / Ro.d. 920.00' Leng. 192.68' Deltu 12'00'00' Chord 192.33' Tung. 96.70' \ \-30' • if! \ 30' & • 0 d 1.77 ACRES+ - 5/8' REBAR\ 12'12'\v', 1.59' NOT USED \ 0 • f'1 U1 ' 0 {TPOB I I CORNER--\ :TION 7 s 3003 EE CPR \ \ \ ROBERT ROBINSON Lo-t '/3/1 L-ot 1111 N86'27'00'E 383.40' # $ t 2 "-If \ KEB RDI / \ % \ \ \ ( _