Full Text
AlE 'k OliR: DEVELOPMENT AGREEMENT -=-et1f· abcd RETWEEN INDIAN HILLS TRADING COMPANY, L.L.£trA'u6&%$'F:#"s!` AND CITY OF MOSCOW, IDAHO c DcR FEE$ BY vr THIS DEVELOPMENT AGREEMENT BETWEEN INDIAN HILLS TRADING COMPANY, LL.C., AND THE CITY OF MOSCOW, IDAHO is entered into this day of . lu , 2008, by and between Indian Hills Trading Company, L.L.C., an Idaho Limited Lrlbihty Company, P.O. Box 106, Rnzv11le, 99169 (heremafter "DEVELOPER"), and the 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, DEVELOPER desires to develop property to be known as Indian Hills 8th Addition subdivision in the City of Moscow, Latah County, Idaho; and 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, DEVELOPER 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 water mains, fire hydrants, water services, sanitary sewer mains and stubs, storm sewer mains and stubs, storm water detention facilities, street lighting, franchise utilities, erosion control, streets, paving, curbs, traffic control devices, and sidewalks 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 Agreement of DEVELOPER's 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 opponunity to avail itself of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: li\DIAl\ HILLS gTll ADDITION Ank!T!'v1LNT PAMIaNT t\(iREI:M!S-1 PAGE4or II ---PAGE BREAK--- Standards duly adopted by Resolution of the City Council and in accordance with approved engineering plans. DEVELOPER agrees to widen, and install curbing, tree lawns and sidewalks along the northern half of Palouse River Drive from the west boundary of the subdivision plat, west to the existing sidewalk located at the north east corner of the Palouse River Drive and Highway 95 intersection, (approximately six hundred seventy five feet DEVELOPER agrees that CITY shall allow for the deferment of the otherwise-required construction of that portion of Street which is located within the boundaries of the Indian Hills S'h Addition and that no building permits shall be issued for or upon DEVELOPER's remaining property situated between the current location of US-95 and the subject portion of Street until such time as such portion of Street is constructed by DEVELOPER and accepted by CITY. DEVELOPER agrees that CITY has voluntarily allowed the dedication of land to satisfy the parkland dedication requirement of Indian Hills 8'h Addition in a location that exists outside the boundaries of the Indian Hills 8'h Addition and in so doing DEVELOPER understands that such action does not abrogate the DEVELOPER's responsibility for the construction of the public improvements adjacent to said off-plat parkland dedication. DEVELOPER shall remain responsible for the public improvements for all future street frontages adjacent to said off-plat parkland (which shall include curb, gutter, tree lawn, and sidewalk), which are anticipated to include the extensions of Southview Avenue and Alice Street, at such time as such streets are constructed. Such requirement shall not include any improvements outside of the public street right-of-ways adjacent to the subject off-plat parkland property. DEVELOPER agrees to construct a public transit turnout on the west side of Nursery Street as shown and detailed upon the submitted construction drawings. 1!1. TERM: This Agreement shall remain in full force and effect in accordance with all of its terms and conditions as follows: A. Until all public improvements have been completed and accepted by CITY; and B. Until the warranty period for public improvements has expired; and C. Until all development fees, as required and assessed by CITY, have been paid in full. IV. CITY'S COVENANT: 11\DlA.i\ HILLS gTll AD!)!TfON DLVEJJ)l'b1LN! PAUL 5 or ! I ---PAGE BREAK--- CITY shall issue building permits to DEVELOPER's property only after the following has occurred: A, Payment of all applicable developmental fees required and assessed by CITY; and B. CITY has determined that the construction of all required public improvements is complete or after adequate security, as described in Moscow City Code Section 5-1- l 0 and as described in Sections VI, VH and VIII herein, has been provided to ensure construction and warranty repairs of the required public improvements; and C. Compliance with applicable CITY permit issuance requirements. V. DEVELOPER's COVENANT: A. DEVELOPER agrees to construct, at DEVELOPER's expense, the public improvements described in Section II of this Agreement, 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 Idaho Licensed Professional Engineer. Such plans shall be approved by the Moscow City Engineer prior to beginning any public improvements construction. C. DEVELOPER agrees that DEVELOPER shall construct the public improvements described in Section II of this Agreement, within twelve (12) months from the date of the issuance of the first building permit in the development; and D. If DEVELOPER fails to complete installation of the required public improvements within twelve ( 12) 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. VI. SECURITY FOR IMPROVEMENTS: In lieu of DEVELOPER's construction and installation of all public improvements required herein and CITY'S acceptance of such for ownership and maintenance, CITY agrees that, upon receipt of the adequate security described in Moscow City Code Section 5-l-10, it will issue building permits (upon payment of all CITY development fees 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 twelve ( 12) months from the date of the issuance of the first building permit in the development, 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 INDIAN HILLS xTH ADJ)JTI():-.; DEVH.Ol'tvH:N"l PAOL6or 1 1 ---PAGE BREAK--- 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 ( 1) year from the date of the issuance of the first building permit in the development. 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 twelve ( 12) months from the issuance of the first building permit in the development, 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 futther, 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. WARRANTY A. All required public improvements once constructed and accepted by CITY for ownership and maintenance shall remain free of defects in materials and workmanship for a period of one ( 1) year following the date of CITY's written acceptance of such required public improvements wan-anty period). B. DEVELOPER shall be responsible for correcting any and all deficiencies which occur within the one year warranty period. C. Prior to issuance of any building permit in the development, a warranty Security or performance bond in the amount of fifteen percent ( 15%) of the estimated value of the required public improvements, as determined by the City Engineer, shall be furnished to CITY by the DEVELOPER. This warranty Security shall be held by the CITY, or name the CITY as a holder of the warranty or as the beneficiary of the bond, and shall be in effect for a minimum period of one ( l) year ti·om the date of INDIAN HILLS gTH ADJ)fTJO\i AGREF:VfU\'f PAG!-. 7 I l ---PAGE BREAK--- CITY's written acceptance of the public improvements described in Section II of this Agreement. D. If DEVELOPER fails to correct all def1ciencies within a reasonable amount of time, CITY may claim the warranty Security and correct the deficiencies. E. The warranty Security may be in any form allowed under Section VII of this Agreement. IX. PARKLAND DEDICATION: Prior to construction of the Subdivision, DEVELOPER agrees to voluntarily dedicate as parkland for the Indian Hills g•h Addition to the City of Moscow, Idaho as shown on the attached Exhibit a parcel of approximately 1.74 acres, appearing upon Exhibit as Parcel In consideration of the fact that the exact future alignment of public streets and lot boundaries for the area surrounding the proposed offōplat parkland dedication have not yet been determined, CITY understands and remains agreeable to possibility that the boundaries of the off-plat parkland dedication parcel may be adjusted to accommodate the ultimate development of the surrounding property so long as it does not reduce the parkland area or negatively effect the suitability of the property for the intended parkland uses as mutually agreed upon by CITY and DEVELOPER. DEVELOPER agrees to voluntarily accept responsibility for public improvements along the anticipated future extensions of Southview Avenue and Alice Street adjacent to the off-plat dedicated parkland parcel (which shall include curb, gutter, tree lawn, and sidewalk) at such time as such streets are constructed as further described within Section II of this Agreement . Said parkland dedication, including the future construction of the Southview and Alice Street frontage improvements, shall satisfy all parkland dedication required in Moscow City Code Section 5-l-5(F) for the Indian Hills 8'h Addition. X. STREET TREES: DEVELOPER agrees to voluntarily contribute to CITY Ten Thousand Seven Hundred Dollars (Sl0,700) to be placed in a street tree fund to be distributed to lot owners in the Indian Hills 8'h Addition subdivision for the purchase of street trees in such Subdivision. The street tree fund amount for this subdivision (as calculated by CITY pursuant to Resolution No. 2000-02) shall be provided to the owner of subdivision lot or lots for the purchase of street trees to be planted in said subdivision lot or lots, in accordance with current City of Moscow Standard Specifications and Drawings. Payment of the street tree fund amount shall be received by CITY prior to issuance of any building permits in the subdivision. XI. PHASING: No has been requested 1c)1' this development. INDIAN HILLS XTH ADD!TlO:\ AnRLEML'·:n P.-\GL X or I l ---PAGE BREAK--- XII. AS-CONSTRUCTED DRAWINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public improvements as required herein, one ( l) set of complete, mylar, final as-constructed drawings for the public improvements described herein, unless such requirement is waived by the City Engineer. XIII. FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. XIV. BINDING ON HEIRS, ASSIGNS AND PURCHASER: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of and/or within the property described herein. XV. 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 CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. XVI. 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. XVII. 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. XVIII. 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. XIX. NOTICES: 11'\DIA'\ HILLS gTH ADDITION AORLLMI-:i'•fl PAUL90f' I I ---PAGE BREAK--- Any notice required or called for by this Agreement shall be deemed served upon the pmty to whom it is sent when delivered by certified or registered United States mail to the following addressed: DEVELOPER: Indian Hills Trading Company. L.L.C. P.O. Box 106 Ritzville, W A 99169 Attn: Sally Powers Phone: (509) 659-0274 CITY: Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow. ID 83843 Phone: (208) 883-7000 Facsimile: (208) 883-7018 XX. 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 enter into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPER: Indian Hills Trading Company, L.L.C. ? _ Sally Powers, Member/Manager Indian Hills Trading Company, L.L.C 1\'DIAc I-I ILLS gTH i-\!)[)fTI0!\1 i\{}RLEMf·.NT CITY: City of Moscow, Idaho PNiL iOor 1 ! ---PAGE BREAK--- .JcwAw.' STATE OF IDAHO ) ^ ) ss: COUNTY OF LATAH J On this ;)51:1.-day of , 2008, before me, the undersigned, a Notary in and for said State, personally appŎed lly Powers known to me to be the Manager of Indian Hills Trading Company, L.L.C., the Idaho limited liability company whose name is subscribed to the foregoing and acknowledged to me he executed the same for and in behalf of said company, as its duly authorized agenL IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. Notary Public ! § State of Waahiaatoa I §STACEY l. SCHO£SSLERi - - MY \.iUMMRIOIUN EXPIRES = July 14, 2012 - iiiHIHIIG NOTARY PUBLIC 'f.uc.ey L. SJ(.Ss(.er Residing My Commission _ 1:\DIAN HILLS gTH ADDITIO:'\ DLVU.OP\HN!' AUREU\·1EN'I PA