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DEVELOPMENT AGREEMENT ELMER AND ROGENE HINGSTON 9 Agreement is entered into this day of V Å , 19901 by and between Elmer and Rogene Hingston, husband and wife, (referred to as DEVELOPERS) being owners and developers of land and premises included in this agreement in the City of Moscow, a Municipal Corporation of Idaho, (referred to as CITY); WITNESSETH: WHEREAS DEVELOPERS, own and desire to develop property within the City of Moscow described in Exhibit A; and WHEREAS 1 the CITY desires to ensure that all public improvements are properly installed by owner and DEVELOPERS; NOW THEREFORE, DEVELOPERS and the CITY hereby agree as follows: I. PROPERTY AFFECTED: This agreement affects property described in Exhibit A of this agreement. Exhibit A is attached to and incorporated in this agreement. II. LANDSCAPING: Proposed temporary use of the property for the purpose of storage and sale of farm machinery shall not cause the required installation of public improvements, consisting of curb and sidewalk along U.S. Highway 95, for a period of up to three years. In lieu of the installation of curb and sidewalk improvements, DEVELOPERS agree to install landscaping in the northeast and southeast corners of the property occupying approximately five percent of the total area of the private property. Such landscaping shall include a mixture of species including both deciduous and coniferous varieties of plantings, and a plan for the landscaping shall be submitted for review and approval by the CITY. Said landscaping shall be installed within three months of occupancy of the temporary use. DEVELOPERS also agree to extend gravel surfacing proposed for the site to the edge of the pavement on U. S. Highway 9 5 , and agree that all machinery on the site for storage or sale will remain entirely on private property. III. IMPROVEMENTS: DEVELOPERS agree to extend gravel surfacing proposed for the site to the edge of the pavement on u.s. Highway 95, and agree that all machinery on the site for storage or sale will remain entirely on private property. Within three years of the date of this agreement, DEVELOPERS agree to ---PAGE BREAK--- Ä construct curb and sidewalk adjacent to u.s. Highway 95 along the entire eastern boundary of their property. IV. RESTRICTIVE COVENANTS: Covenants restricting the use of the property executed by the DEVELOPERS on the 30th day of September, 1983, shall remain in full force. \ V. TERM: This agreement shall remain in effect until all improvements are constructed and accepted by the city but for a period not to exceed four years. VI. PERMITS: The parties agree that no building permits will be issued for any new structure until all required public improvements have been constructed or until adequate security has been provided to ensure proper installation of these improvements. VII. CONSIDERATION: DEVELOPERS 1 proposal and public improvements shall for this agreement. The City's approval of deferral of construction of constitute its consideration VIII. FAILURE TO COMPLY: If the DEVELOPERS fail to comply with the terms of this agreement, the CITY, after ten (10) days written notice, may seek specific performance of the agreement. IX. BINDING ON HEIRS, ASSIGNEES, AND PURCHASERS: This agreement shall be binding upon the heirs assignees, and purchasers of the parties. IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. Elaine Russe:l; city Clerk ---PAGE BREAK--- EXHIBIT Lots 1,2,3 and E. 27' of Lot 4 of Hingston's Addition and the E. 2 1/2' of Lots 20 and all of Lots 21 and 22 and W 30. 5' of Lot 23 of University Hills Addition. ---PAGE BREAK--- TO: FROM: RE: Mayor Paul Agidius and Moscow City Council Elmer Hingston Lot on S. Main St. between Taylor and Lauder Enclosed please find the signed development agreement which you requested. Also enclosed is a more detailed landscaping plan than the one I submitted to you last week. The time schedule for planting the shrubs on the Main-Taylor corner and the Main-Lauder corner has been canceled at Bill Voxman's request. However, I want to point out that the fall planting season is becoming very short. I plan to plant the types of shrubs and at a time recommended by Jon Decker at McDonalds Garden Store. Elmer Hingston October 15, 1990 ---PAGE BREAK--- 'Afr:.:-u. s't 0 - HYYY 'IS 5_ L¥ . - - - - - -;rqv-<11""tl, _ _ fL-A tiT! 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