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533876 AT T HE REQUEST OF: &rJfA.flt'${t>I:C: II-al·o1 _;;:Jfj SlJS-\fJ f'i..fE.-.3dJ I DEVELOPMENT AGREEMENT Fee s . BY BETWEEN JEMCA, L.L.C., ,.,lfbdo_>L"a. AND CITY OF MOSCOW, IDAHO IP t1 LATAH COUNTY FOR SOUTHGATE 3RD ADDITION SUBDIVISION THIS DEVELOPMENT AGREEMENT BETWEEN JEMCA, L.L.C., AND CITY OF MOSCOW, IDAHO FOR SOUTHGATE 3RD ADDITION SUBDIVISION (hereinafter "Agreement") is entered into this 1VJ day of h\ bJN: , 2009, by and between JEMCA, L.L.C., at P 0 Box 8025, Moscow, Idaho, 83843 , being the Developer of real property as described herein (hereinafter "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 Southgate 3rd 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 Development Agreement of DEVELOPER's own free will and accord, without coercion and without inducement and at DEVELOPER's request; and SOUTHGATE 3RD ADDITION DEVELOPMENT AGREEMENT PAGE I OF9 ---PAGE BREAK--- 533876 WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity 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: This Agreement affects property to be known as Southgate 3rd Addition subdivision within the CITY of Moscow, Latah County, Idaho, more particularly described as follows: A portion of the Salisbury (JEMCA, L.L.C.) tract situated in lots 18, 19, and 30 of the Plat of Section 16 along with portion of vacated Right-of-Way adjoining said lots, Section 16, T.39N., R.5W., Latah County, Idaho, with said portion being more particularly described as follows: Commencing at the East 'l'4 Comer of said Section 16 and running thence S86°20'37"E, 1340.65 feet to a point on the centerline of White Avenue, said point being Station 0+00.00; thence S89°44'48"E, 1979.08 feet to the Northeast comer of Ridgeview Estates Addition and the TRUE POINT OF BEGINNING for this description; thence S89°44'48"E 658.84 feet along the centerline of a vacated 80 foot Right-of-Way to the Southwest comer of Lundquist Addition; thence N 00°21'13"E 668.44 feet along the West line of said Addition to the Northwest comer of said Addition; thence S89°42'43"E 659.57 feet along the North line of said Addition to the Northeast comer of said Addition; thence N00°26'30"E 652.02 feet along the centerline of a vacated 80 foot Right-of-Way to the intersection with the centerline of an East-West vacated 80 foot Right-of-Way; thence N89°42'43"W 760.01 feet along said Right-of-Way centerline to the Northeast comer of the Olmstead tract; thence S00°26'30"W 210.00 feet along the East boundary of said tract; thence N89°48'41"W 258.93 feet along the Southerly boundary of said tract and the Southerly boundary of the Gosselin tract to the Southwest comer of the said tract; thence S58°59'25"W 141.51 feet along the Southeasterly boundary of the Bromley tract to a point on the Easterly boundary of Southgate 2nd Addition to Moscow; thence 49.79 feet along said Addition which is a curve to the right having a central angle of 28°25'25", a radius of 100.36 feet and a chord length of 49.28 feet bearing S l4°01'29"E; thence S89°48' 41 "E 45.00 feet along the Easterly boundary of said Addition and the Northerly Right-of-Way line of Granville Street; thence S00°1l '19"W 60.00 feet along the Easterly boundary of said Addition to a point on the Southerly Right-of-Way line of Granville Street; thence N89°48'4l"W 60.00 feet along the Easterly boundary of said Addition and said Right-of-Way; thence 28.83 feet along the Easterly boundary of said Addition and said Right-of-Way line which is a curve to the left having a central angle of 17°23' 17", a radius of 95.00 feet and a chord length of 28.72 feet bearing S81°29'41"W; thence S51°27'59"E 158.76 feet SOUTHGATE 3R0 ADDITION DEVELOPMENT AGREEMENT PAGE 2 OF9 ---PAGE BREAK--- 5338'"/6 along the Easterly boundary of said Addition; thence S47°00'45"W 99.42 feet along the Easterly boundary of said Addition; thence S41°l1'39"E 217.89 feet along the Easterly boundary of said Addition to a point on the Northerly Right-of Way line of Castleford Street; thence S05°34'00"W 60.00 feet to a point on the Southerly Right-of-Way line to Castleford Street; thence 96.92 feet along the Southerly right-of-way line of Castleford Street and the Easterly boundary of Southgate 2nd Addition which is a curve to the left having a central angel of 20°52'32", a radius of 266.00 feet and a chord length of 96.38 feet bearing S85°35' 17"W to a point on the Easterly right-of-way line of Netting Hill Drive; thence 60.19 feet along said Right-of-Way line of Castleford Street and the Easterly Boundary of said Addition which is a curve to the left having a central angle of 12°57'52", a radius of 266.00 feet and a chord length of 60.06 feet bearing S68°40'07"W to a point on the Westerly Right-of-Way line of Netting Hill Drive; thence 200.34 feet along the Westerly Right-of-Way line of Netting Hill Drive and the Easterly boundary of said Addition which is a curve to the right having a central angle of 24°25'23", a radius of 470.00 feet and a chord length of 198.83 feet bearing S II 049'20"E; thence S00°23 '21 "W 83.71 feet along said Right-of-Way and the Easterly boundary of said Addition line to a point on said boundary; thence S45°39'59"W 323.42 feet along the Southeasterly boundary of said Addition to the Northeast comer of Ridgeview Estates Addition and the TRUE POINT OF BEGINNING. This parcel contains 21.74 acres plus or minus. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER's expense, public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1-5 including, but not limited to, 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, retaining wall, streets, paving, curbs, traffic control devices (to include stop signs, street signs, etc.), sidewalks, pedestrian paths, and stairways; all in accordance with CITY Standards duly adopted by Resolution of the CITY Council and in accordance with approved engineering plans. III. 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 SOUTHGATE 3R0 ADDITION DEVELOPMENT AGREEMENT PAGE 3 OF9 ---PAGE BREAK--- 533876 C. Until all development fees, as required and assessed by CITY, have been paid in full. IV. CITY'S COVENANT: 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 Sections 5- 1-10 and as described in Sections VI, VII 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 each approved phase of the development, within nine months from the date of the issuance of the first building permit within said phase; and D. If DEVELOPER fails to complete installation of the required public improvements for each approved phase of the development, within nine months from the date of the issuance of the first building permit for said phase to CITY standards and as per the approved plans, CITY shall utilize the security described in Section VI. of this Agreement to complete the required public improvements and shall have the right to revoke any applicable permit issued to DEVELOPER by CITY for the said phase. VI. SECURITY FOR IMPROVEMENTS: SOUTHGATE 3RD ADDITION DEVELOPMENT AGREEMENT PAGE4 OF9 ---PAGE BREAK--- 533876 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 5-1-10, 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 nine 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 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 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 nine 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 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 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 SOUTHGATE 3RD ADDITION DEVELOPMENT AGREEMENT PAGE5 OF 9 ---PAGE BREAK--- 53387G workmanship for a period of one year following the date of CITY's written acceptance of such required public improvements warranty period). B. DEVELOPER shall be responsible for correcting any and all deficiencies which occur within the one ( 1) 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 year from the date of CITY's written acceptance of the public improvements described in Section II of this Agreement. D. If DEVELOPER fails to correct all deficiencies 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 Southgate 3 rd Addition to the CITY of Moscow, Idaho as shown on the plat attached as Exhibit a parcel of approximately 3.00 acres, appearing on the attached plat as Parcel Said parkland dedication, together with certain agreed upon improvements to the parkland property which include import, placement, and grading of topsoil, and seeding of site with appropriate grass seed mix, shall satisfy all parkland dedication required in Moscow CITY Code Section 5-1-5(F) for the Southgate 3 rd Addition. X. STREET TREES: DEVELOPER agrees to voluntarily contribute to CITY Sixteen Thousand Three Hundred Dollars ($16,300) to be placed in a street tree fund to be distributed to lot owners in the Southgate 3rd 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 homeowner 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. SOUTHGATE 3R0 ADDITION DEVELOPMENT AGREEMENT PAGE6 OF9 ---PAGE BREAK--- XI. PHASING ALLOWED: 53387G Pursuant to the approval of the Moscow CITY Council, DEVELOPER may develop the real property described herein in three Phases. No building permit shall be issued for any phase of this subdivision development until after all public improvements related to each preceding phase of this development are completed, installed, and accepted by CITY in accordance with this Agreement. The paved pedestrian path and associated stairway between Lots 6 and 7 of Block 2 shall be constructed in Phase 1 of the subdivision development. The following paved pedestrian paths shall be constructed in Phase 3: Path from Lundquist Road to Hampton Court along the east line of Lot 8, Block 4 and north line of Lot 7 Block 4; Path from Flomer Lane along the east line of Lot 4 Block 4; and Path from Hampton Court to Notting Hill Drive between Lots 11 and 12, and Lots 15 and 16 of Block 4. All proposed phasing of this subdivision development has been submitted and approved of prior to the execution of this Agreement and shall not be modified unless agreed in writing and specifically approved of by CITY Council. Separate construction plans and specifications shall be prepared and shall be submitted for each Phase in this subdivision. Xll. AS-CONSTRUCTED DRAWINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of complete, Mylar, fmal 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 approved phase of the development for any purpose until the described public improvements for said phase SOUTHGATE 3R0 ADDITION DEVELOPMENT AGREEMENT PAGE 7 OF9 ---PAGE BREAK--- 533876 of the development 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 ofldaho 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: 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 addressed: DEVELOPER: JEMCA, L.L.C. P 0 Box 8025 Moscow, ID 83843 Attn: Michael A. Salisbury Phone: (208) 301-2370 CITY: Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow, ID 83843 Phone: (208) 883-7000 Facsimile: (208) 883-7018 SOUTHGATE 3RD ADDITION DEVELOPMENT AGREEMENT PAGE80F9 ---PAGE BREAK--- 533876 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 enters 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: JEMCA, L.L.C. Michael A. Salisbury, Manager STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) CITY City of Moscow, Idaho On this _LZ_ day of 2009, before me, the undersigned, a Notary in and for said State, personally appeared Michael A. Salisbury, known to me to be the Manager of JEMCA, 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 agent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. \ È 9 , ` / SOUTHGATE 3RD ADDITION DEVELOPMENT AGREEMENT PAGE 9 OF9 ---PAGE BREAK--- @ NOTb: o o o 0 BROMLEY (unplatted) 0 Jhe following lois mgst ÄQve a flllish floor elevation of 2630.5 min. 0 LOT I BLOCK f 0 LOTIBÃK2 Q Q Q 0 0 0 6' 0 0 i.C\ 0 0 0 0 0 0 0 0 0 - 0 0 0 0 0 0 11'08 P.DK:A T1!D PAA.IO..ANDl 2.97Aaes 1NS1ll. "MP.P{f 8 7 r U NIX)lnST ROAD 6 ' 5 4 1'1.0.\ftR LA.'-=E 8 21 t! Qil"'OOO"' W Ä { L;;J S T z II À § SHEET I OF 3 SHEETS S. 16, T. 39 R. 5 B.M.' UNIVERSITY OF IDAHO (unplatted) / LOT 10 LOT\ '0 2ll Å 0 W- / lei ' !V U g - i' · Ã - -w \ ·s831#]} '-'s837JF'"' LOT 2J \ ' ] DETAIL"A" (NTS) / -411ÇJ.CA.Ym....!£!' 3 Á 2 § i? ½ (HEDCO} K.U4W()flol)7l:t.:t:IN040fi8«NPA."'Y JJIÆA- 1.-...,..W.tnOI (J.'lf)M-loiU 100 0 100 100 I LEGEND Scale 1" = 100' =SET 1(2• DlA. BY 2AL LONG Rf'.8AR WI CAP MX.'O. 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