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CONDITIONAL REZONING DEVELOPMENT AGREEMENT CI1Y OF MOSCOW, IDAHO 445744 THIS CONDITIONAL REZONING DEVELOPMENT AGREEMENT (hereinafter referred to as Agreement) is entered into this i3-2 day of , 1999, by and between G & G Development, LLC, at 140 E Palouse River Driv Mos w, Idaho 83843 (hereinafter referred to as DEVELOPERS), being Developers of real property common y known as Parkview Estates and as described herein, and City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, ID 83843 (hereinafter referred to as "CI1Y"); WITNESSETH: WHEREAS, DEVELOPERS desire to develop property located within the City of Moscow, County of Latah, State ofldaho, being more particularly described as follows: A parcel of land situated in the SW Y. SW '!.of Section 5 and the W Y, Section 8, all in T39N, R5W BM and being more particularly described as follows: Beginning at the northwest comer of said Section 8 thence S 88°50' 54" E, 56.10 feet to the east R1W line of US Highway No. 95 and the True Point of Beginning; Thence S 88°50'54" E, 263.90 feet; Thence N 01 °06'44" E, 225.00 feet; Thence S 88°50'54" E, !044.42 feet; Thence S 00°40'59" W, 225.01 feet; Thence S 88°50'54" E, 446.72 feet; Thence S 00°57' 17" W, 766.89 feet; Thence N 89°09'44" W, 500.00 feet; Thence S 00°55' 16" W, 624.47 feet; Thence N 89°06'29" W, 980.31 feet; Thence N 00°42'31" E, 382.16 feet; Thence N 89°05'29" W, 130.00 feet; Thence N 00°42'32" E, 285.00 feet; Thence N 89°17'28" W, 140.00 feet; Thence N 00°38'55" E, 733.05 feet to the True Point of Beginning. Said parcel contains 51.12 acres. WHEREAS, DEVELOPERS understand that Idaho Code Section 67-6511A and Moscow City Code Section 4-9-3(C) authorize the City to impose the conditions specified in this Agreement; and WHEREAS, DEVELOPERS understand that this Agreement shall be recorded with the Latah County Recorder's Office and that this Agreement shall run with the land; and WHEREAS, DEVELOPERS enter into this Agreement of their own free will and accord, without coercion and without inducement and at DEVELOPERS' request; and WHEREAS, the purpose of this Agreement is to establish the conditions which shall apply to the rezoning of DEVELOPERS parcel numbers one through four as adopted by City Ordinance 99-26 and as shown on Exhibit attached hereto and incorporated by this reference and to the DEVELOPERS final subdivision plat commonly known as Parkview Estates; and DEVELOPMENT AGREEMENT Page I ---PAGE BREAK--- 445744 WHEREAS, this Agreement is not intended to replace supercede or preclude an Agreement between the parties regarding the specific public improvements required on the plat and conditions prerequisite to receiving a building and/or occupancy and/or other permits on the development commonly known as Parkview Estates; and WHEREAS, DEVELOPERS agree that the conditions imposed herein are necessary to provide for mitigation of the effects of DEVELOPER's rezoning and subdivision development on neighboring lands and on the ability of CITY to deliver services without compromising quality of such service delivery to current City residents, the public, or imposing substantial additional costs upon current City residents to accommodate DEVELOPER's rezoning and subdivision; and WHEREAS, DEVELOPERS and CITY believe that, without the conditions imposed herein, CITY would not be able to otherwise provide for mitigation of the effects of DEVELOPER'S rezoning and subdivision development on the neighboring lands and 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 DEVELOPER'S rezoning and subdivision; and WHEREAS, DEVELOPERS have read this Agreement, have understood it, and have had the opportunity to avail themselves of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, TIIEREFORE, DEVELOPERS and CITY hereby agree as follows: L PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, County of Latah, State of Idaho as shown on Exhibit attached hereto and incorporated by this reference, being more particularly described as follows: A parcel of land situated in the SW Y4 SW Y4 of Section 5 and the W Y, Section 8, all in T39N, R5W BM and being more particularly described as follows: Beginning at the northwest corner of said Section 8 thence S 88°50'54" E, 56. I 0 feet to the east RfW line of US Highway No. 95 and the True Point of Beginning; Thence S 88°50'54" E, 263.90 feet; Thence N 0 l 006' 44" E, 225.00 feet; Thence S 88°50'54" E, 1044.42 feet; Thence S 00°40'59" W, 225.0 l feet; Thence S 88°50'54" E, 446.72 feet; Thence S 00°57' 17" W, 766.89 feet; Thence N 89°09'44" W, 500.00 feet; Thence S 00°55'16" W, 624.47 feet; Thence N 89°06'29" W, 98031 feet; Thence N 00°42'31" E, 382.16 feet; Thence N 89°05'29"W, 130.00 feet; Thence N 00°42'32" E, 285.00 feet; Thence N 89°17'28" W, 140.00 feet; Thence N 00°38'55" E, 733.05 feet to the True Point of Beginning. Said parcel contains 5 L 12 acres. DEVELOPMENT AGREEMENT Page2 ---PAGE BREAK--- 445744 II. CONDITIONS: The following conditions apply to the rezoning of DEVELOPER's parcel numbers one through four as adopted in City Ordinance 99-__ and as. shown in Exhibit attached hereto and incorporated herein by this reference, as well as to DEVELOPER'S final subdivision plat commonly known as Parkview Estates: I. limitation for parcel number four to a maximum density of one dwelling unit per sixteen hundred (1600) square feet of lot area; 2. DEVELOPERS shall improve McKinley Street to City standards from South Jefferson Street to U.S. Highway 95; 3. DEVELOPERS shall make improvements to Highway 95 so that section of the highway is improved with curbs, gutters, sidewalks adjacent to Parkview Estates, where appropriate, as determined by the City Engineer; 4. DEVELOPERS shall install a right tum only stop sign for the southbound traffic lane at the south end of the new Jefferson Street extension; 5. access shall be denied to and from the Motor Business Zone property in Parkview Estates to and from the new Jefferson Street extension, except as necessary only for emergency vehicles; 6. DEVELOPERS shall install City standard erosion control devises during construction of Parkview Estates; and 7. DEVELOPERS shall have designed and installed stormwater runoff facilities, approved by the City Engineer, that would prevent any increase in the rate of storm water runoff resulting from the development. All plans and drawings for such required public improvements shall be approved by CITY Engineer prior to the beginning of any construction of any such public improvements. III. TERM: This Agreement shall remain in effect until the conditions imposed herein are complied with and verified by CITY and until the public improvements required herein are constructed and installed and such public improvements are accepted by CITY for maintenance or until public improvements related to the conditions herein are otherwise provided for by a subsequent Agreement between the parties. IV. CITY'S COVENANT: CITY shall approve the rezoning of DEVELOPERS' development or any approved phase of the development thereof only after verification of compliance with the conditions imposed herein and only after construction and installation of all public improvements and acceptance of such by CITY for maintenance. V DEVELOPERS' COVENANT: A. DEVELOPERS agree to comply with all conditions imposed herein and to install all public improvements required herein, at DEVELOPERS' expense, in accordance with approved plans for DEVELOPERS' development, to City standards during and under the terms of this Agreement and any other subsequent agreement entered into by the parties hereto. All plans DEVELOPMENT AGREEMENT Page 3 ---PAGE BREAK--- 445744 and drawings shall be approved by the Moscow City Engineer prior to the beginning of any construction of improvements; and VI. CONSTRUCTION DRAWINGS: DEVELOPERS agree to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of accurate, complete, mylar final construction drawings for the public improvements described herein, unless such requirement is waived by the City Engineer. VII. FAILURE TO COMPLY: DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement. VIII BINDING ON HEIRS, ASSIGNS AND PURCHASERS: Tiris Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. IX. OCCUPANCY: DEVELOPERS agree that no person shall be allowed 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. X. 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. XI. MODIFICATION DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPERS accompanied by a complete set of development plans, and acceptance of such modification by the City Council or by a subsequent development agreement between the parties. XII. COVENANTS TO RUN WITII LAND: Tiris 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. DEVELOPMENT AGREEMENT Page4 ---PAGE BREAK--- 445744 XIII. NOTICES Any notice required or called for by tbis Agreement sball be deemed served upon tbe party to whom it is sent when delivered by certified or registered United States Mail to tbe following addresses: DEVELOPERS: CITY: XIV. UNDERSTANDING: G & G Development, LLC 140 E Palouse River Drive Moscow, Idaho 83843 Marshall H. Comstock, Mayor City of Moscow P 0 Box 9203 206 East 3rd Street Moscow, Idaho 83843 Telephone: (208) 883-7000 FAX (208) 883-7018 DEVELOPERS have read and understood this Agreement and tbe contents tbereof and have had tbe opportunity to avail tbemselves of legal and of otber counsel before entering into tbis Agreement and before signing it, and hereby enter into it voluntarily, willingly, and witbout inducement. IN WITNESS WHEREOF, tbe parties have executed this Agreement to be effective tbe date first above written. DEVELOPERS: STATE OF IDAHO ) ) ss County of Latah ) C:\Legal\Development Agreeme DEVELOPMENT AGRE Page 5 ---PAGE BREAK--- Exhibit to Developnent Agreement between City cif Moscow, Idaho and G & G Developnent, UC, for Rezoning and Subdivision of Parkview Estates •