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RERECORD 410857 410544 DEVELOPMENT AGREEMENT PAT DOLLAR/863 WHITE AVENUE, MOSCOW, IDAHO This Agreement is entered into this&'3 day of t4 , 1995, by and between Pat Dollar, (referred to as Developer) being owner and Develorefdf premise"illiiuded in this Agreement and the City of Moscow, a Municipal Corporation ofldaho, (referred to as City); WITNESSETH WHEREAS, Developer desires to develop property located at 863 White Avenue within the City of Moscow, Idaho, being more particularly described as follows: SEE EXHIBIT attached, WHEREAS, the City desires to ensure that all public improvements are properly installed by Developer; NOW THEREFORE, Developer and the City hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located at 863 White Avenue within the City of Moscow, Idaho, being more particularly described in Exhibit attached hereto and incorporated herein by this reference, IL PUBLIC IMPROVEMENTS: The Developer agrees to install, at his expense, for White Avenue adjacent to his property: curb, sidewalk, rock base and asphalt necessary to widen White Avenue to said curb, as required by the City Engineer, in accordance with approved plans for Developer's development, to City standards during and under the terms of this Agreement All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements, !It TERM: This Agreement shall remain in effect until construction and installation of the public improvements and acceptance of such by the City for maintenance, IV, CITY'S COVENANT: The City shall issue an occupancy permit for Developer's development, (upon payment of permit fees, public utility inspection fees of 0,75% of estimated construction costs and satisfaction of City code requirements) only after construction and installation of the public improvements and acceptance of such by the City for maintenance, V DEVELOPER'S COVENANT: The Developer agrees as follows: The Developer agrees to install, at his expense, for White Avenue adjacent to his property: curb, sidewalk, rock base and asphalt necessary to widen White Avenue to said curb, as required by the City Engineer, in accordance with approved plans for Developer's development, to City standards during and under the terms of this Agreement Such public improvements shall be installed by Developer and accepted by the City prior to issuance of an occupancy permit All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements, VL CONSENSUAL LIEN: The Developer agrees that as security for his faithful performance of the obligations undertaken by this Agreement, including construction of the public improvements identified in paragraph It, he consents that the City shall, in the event that Developer fails to faithfully perform such obligations, be entitled to file a lien against such property in the amount of $2,400,00, in favor of the City, which lien DEVELOPMENT AGREEMENT PAT DOLLAR PAGE I ---PAGE BREAK--- 4:105.:&4 shall remain in full force and ef ect until such public improvements are completed by Developer and accepted by the City. The City may file such lien after TEN (10) days written notice to Developer. Such lien shall be in addition to any other remedy, including specific performance, which is available to the City. VII. AS-BUILT DRAWINGS: The Developer agrees to furnish, prior to acceptance by the City of the public improvements as required herein, one set of accurate, complete, mylar as-built drawings for all of the improvements described herein, unless such requirement is waived by the City. Vlll. FAILURE TO COMPLY: If the Developer fails to comply with the terms of this Agreement, the City, after TEN (10) days written notice, may seek specific performance of the Agreement The Developer agree to pay all expenses incurred by the City m enforcing this Agreement. IX. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This agreement shall be binding upon the heirs, assignees of the parties, and purchasers of the property described herein. X. OCCUPANCY: Developer agrees that no person shall be allowed to occupy any structure on the described property for any purpose until the described public improvements arc completed. XI. VENUE AND ATTORNEY FEES: The parties agree that should any pro,ision of this Agreement be litigated in the future, venue for such litigation shall be with the District Court for the State of ldaho in and for the County of Latah. Xll. MODIFICATION: Developer and the City agree that the provisions of this agreement may be modified only upon written request of the Developer accompanied by a complete set of development plans, and acceptance of such modification by the City Council. X!IL COVENANTS TO RUN WITH LAND This Agreement shall run with the land af ected hereby, as shall all covenants contained herein, and shall be to the benefit of the City, its successors and assigns. This Agreement shall be recorded with the Latah County Recorder. XIV. NOTICES: Any notice required or called for by this agreement shall be deemed served upon the party to whom it is sent when delivered bv certified or registered United States Mail to the following addresses: Developer: City: DEVELOPMENT AGREEMENT PAT DOLLAR Pat Dollar 863 White Avenue Moscow. Idaho 83843 Mayor City of Moscow P.O. Box 9203 Moscow. Idaho 83843 PAGE2 ---PAGE BREAK--- RERECilRll 41.0 4105Ll N WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. Developer: ) ss County of Latah ) ) ) ss County of Latah ) City Yc9G2· Paul C. Agidius, MayO ATTEST Elaine Russell, City lerk ACKNOWLEDGMENTS NOTARY P LIC for I aho Res1dmg at , My Commission expires: 7 On this day of f-MUtutr, 1995, before me, the undersigned, a Notary in and for said State, personally appeared Elaine Russell, in her official capacity as the Clerk of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and ack nowledged 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. DEVELOPMENT AGREEMENT PAT DOLLAR PAGE3 ---PAGE BREAK--- STATE OF IDAHO ) ss County of Latah ) RERECI)RI) 41057 On this2& ' day of , 1995, before me, the undersigned, a Notary in and for said State, personally appeared Fat Dollar, known to me to be the person whose name is subscribed to the within statement and acknowledged to me that he executed the foregoing agreement IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereiIbove written. DEVELOPMENT AGREEMENT PAT DOLLAR Residing at J;,K , My Commission expires: Yziz llAJ£ & H\JUR: SUSAN PETERSEN urAil oomm REOORIJER fEE$ t:tco CK. BY ilivt'f 1-t( (l 0 9F03 t1<1SC&W It> fsJ(f4 3 1\'r!W\ /Wss PAGE4 ---PAGE BREAK--- EXHIBIT A A parcel and land and bui !ding, reterred to a Parcel C, being a portion of Lot 7 of the ARROWHEAD ADDITION NO. 1, to the City of Moscow, f'i le No. 242953 within Section 17, Township 39 North, Ranme 5 West Boise Meridian. City of Moscow, Latah County, Idaho. Said parcel as approved by the City Counci I of Moscow, Idaho on th<' 25th day of November 1991 is decribed as follows: Corrrnencing at the NE corner of said Lot 7 being corrmon with the NWcorner of Lot 5; thence S 89"55'00" W along the north line of said Lot 7, a distance of 153.00 feet to the True Point of Begin ning; th<' ncc S 0"05'00" E a distance of 82.36 feet; thence S 81" 119'23" W a eli stance of 62.63 feet to a point in the I ine between Lot 7 and 8 of said Arrowhead Addition Addition No. I; thence along th<' I inc b<'twcen said Lots 7 and 8 N 0"05'00" W a distance of 91.18 f<'et to the Northw<'st corner of said Lot 7; thence along the north linE> of said Lot 7 (being also the South line of White Av<'nue N 89"55'00" E a distance of 62.00 feet to the True Point of Beginning. If/ >3d)( i JJJ3 MJs:unc; I l> !i3& f:LAt/'Zi f!_VSS.te.-u_