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DEVELOPMENT AGREEMENT ROLLING HILLS ADDITION NO. 2 TO THE CITY OF MOSCOW THIS AGREEMENT, entered into this W day of June , 1996, by and between Rafik Itani and Marysue Itani, husband and wife, of SW 1515 Wadleigh Drive, Pullman, Washington 99163, and Abdul-Latif Itani, a single man, of Beirut, Lebanon, (hereinafter referred to as DEVELOPER) being owner and developer of premises included in this agreement and the City of Moscow, a Municipal Corporation of the State of Idaho (hereinafter referred to as "CITY"); WITNESSETH WHEREAS, the DEVELOPER owns property within the City of Moscow described as Rolling Hills Addition No. 2 to the City of Moscow; and 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 known as Rolling Hills Addition No. 2 to the City of Moscow, Latah County, Idaho. This property is described in the plat identified as Exhibit A which is attached to and incorporated into this agreement. II. PUBLIC IMPROVEMENTS AND GRADING The DEVELOPER agrees to install, at his expense, including, but not limited to: all earthwork; grading; curb; sidewalk; base aggregate; catch basins; storm sewer; asphalt paving; manholes; gate valves; seeding; water, sanitary and storm utilities; signs and road markers and street monuments in accordance with approved plans for Rolling Hills Addition No. 2 to the City of Moscow, to cily standards during and under the terms of this Agreement The Development Agreement Cost Estimate is attached as Exhibit B and incorporated herein by this reference. All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements. IlL TERM This agreement shall remain in effect until all public improvements are constructed for Rolling Hills Addition No. 2 to the City of Moscow and said public improvements have been accepted by the CITY for maintenance. IV. CITY'S COVENANT The CITY shall issue building permits for Rolling Hills Addition No. 2 to the City of Moscow, (upon payment of permit fees and satisfaction of City code requirements) only after all public improvements have been constructed as required herein and said public improvements have been inspected and accepted by the City Engineer, or after adequate security as DEVELOPMENT AGREEMENT PAGE I 96-29 ---PAGE BREAK--- described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements. V DEVELOPER'S COVENANT The DEVELOPER agrees as follows A. DEVELOPER shall install, at his expense, public improvements, including, but not limited to: all earthwork; grading; curb; sidewalk; base aggregate; catch basins; storm sewer; asphalt paving; manholes; gate valves; seeding; water, sanitary and storm utilities; signs and road markers and street monuments in accordance with approved plans for Rolling Hills Addition No. 2 to the City of Moscow, to city standards during and under the terms of this Agreement. B. If the DEVELOPER fails to complete all public improvements within NINETY (90) calendar days of the issuance of the first building permit, the CITY may utilize the security specified in paragraphs VI and VII to complete the work on the public improvements. The DEVELOPER further agrees that if DEVELOPER fails to complete all public improvements within NINETY (90) calendar days from the date of issuance of the first building permit, the CITY shall cease to issue further building permits for the affected property until such improvements are completed. VI. SECURITY FOR IMPROVEMENTS The CITY agrees that upon receipt of the security described in Paragraph VII it will issue building permits (upon payment of permit fees and satisfaction of City code requirements) for properties within Rolling Hills Addition No.2 to the City of Moscow. If the DEVELOPER fails to complete construction of all of the improvements within ninety (90) calendar days of issuance of the first building permit, the CITY may attach the security and cause the improvements to be made. Any engineering or construction costs in excess of the security shall be borne by the DEVELOPER Any additional construction services shall be let by bid, and subject to the laws of the State of Idaho relative to the letting of such bids. VII FORM OF SECURITY The DEVELOPER agrees to provide security in the amount of one hundred sixteen thousand eight hundred dollars ($116,800.00) for public improvements as identified and described in paragraph VI above and Exhibit B. The security shall be in the form of a construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other fonn of security acceptable by the CITY. Such security shall be provided to the CITY prior to the issuance of building permits by the CITY. The security must be effective for a minimum period of 365 days, or 180 days from the date of issuance of the first building permit, whichever is longer. 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 paragraph V.A are not completed at that DEVELOPMENT AGREEMENT PAGE2 ---PAGE BREAK--- time, the 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 the DEVELOPER or the surety or financial institution, or the value or terms thereof shall be compromised in any way, the CITY shall immediately revoke any building permits issued pursuant to the terms contained herein, and further, the DEVELOPER shall hold the 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 are revoked pursuant to this section, such permits shall be re-issued upon receipt by the CITY of new or additional security as required herein. VIII. 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 water, storm sewer, sanitary sewer, curb, sidewalk, and street improvements constructed in each phase of the subdivision. IX F AlLURE TO COMPLY If the DEVELOPER fails to comply with the terms of this agreement, the CITY, after ten (I 0) days written notice, may seek specific performance of the agreement and may attach the security to complete the improvements. The DEVELOPER agrees to pay all expenses incurred by the CITY in enforcing this agreement. X 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. XL 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 for the State of Idaho in and for the County of Latah. The prevailing party to the action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XII 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. XIII. COVENANTS TO RUN WITH LAI'm This agreement shall run with the land affected hereby, as shall all covenants contained herein, and shall be to the benefit of the CITY, its successors and assigns. This development agreement shall be recorded with the Latah County Recorder. DEVELOPMENT AGREEMENT PAGE3 ---PAGE BREAK--- XIV. OCCUPANCY DEVELOPER agrees that no person shall be allowed to occupy any structure on the described property until such time as the public improvements are completed and accepted by the CITY for maintenance. XV. 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 addresses: DEVELOPER CITY Rafik & Marysue Itani SW 1515 Wadleigh Dr. Pullman, W A 99163 Abdul-Latif Itani Beirut, Lebanon Mayor City of Moscow P 0 Box 9203 Moscow, ID 83843 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. DEVELOPER CITY OF MOSCOW 89 7 Paul C. Agidius, ATTEST Abdul-Latifltani (1/4l ElailleRUSSel,itY Clerk DEVELOPMENT AGREEMENT PAGE4 ---PAGE BREAK--- ACKNOWLEDGMENT On this day of '>Jtoze , 1996, before me, a Notary Public of the State of Idaho, personally appea!l6tf Paul C Agidius an Elaine Russell in their official capacities as Mayor and City Clerk of the City of Moscow, known to me to be the persons described in the above document and acknowledged to me they executed the same, ACKNOWLEDGMENT On this Jt!htl day of , 1996, before me, a Notary Public of the State of ý personally appeared Rafik Itani, known to me to be the person described in the above document and acknowledged to me that he executed the ' NOtafY ubtiôdtt Commission expires 23/pq same, ACKNOWLEDGMENT , Op this - day of , , 1996, before me, a Notary Public of the State , '(jf / ' , personally appeared Marysue Itani, known to me to be the person described in t above document and acknowledged to me that she executed the same, a . õ?'ffi, Commission expires: ACKNOWLEDGMENT ,_On thf> day of , 1996, before me, a Notary Public of the State · · ofVrJ, öersonally appeared Rafik Itani, exercising the power of attorney of Abdul-Latif Itani, the person described in the above document and acknowledged to me that he executed the same. Commission expires: IUJ!i9 # DE÷OPMENT AGREEMENT PAGES ---PAGE BREAK--- ry . ; . 600 1 33 V. F. I I ü _j - LLS.L 0 f• 211EOL00 _ 4,000 ' ¿ r o 0 ' - 750 1L485. ---PAGE BREAK--- . STArE"-PlANE 8"ǿ9 COOR01NATES ò ls©:t®Peª5«7 BRASS CAP !NSTR. 20' WIO( JTil..ITY EASEMENT GRANTEO TO TH£ CiTY OF MCSCOW % z ' I 0 'b :it > z Ź z 0 " 2 ROLLING HILLS DillVE r· 2 ' / I MOLLYI CRI. 3 4 3 -1>-01>- . Ż § ŷ Ÿ 6ŧ0 0· '5'6' h f,i._',f<1'':Lű·i,\'ll ·Ű 1 $.\J!il'Li:Q_!fS.. kŮ.RI!.FJ!:;AI£ !z c· - ƃ W 7 9ƀ.7 1\'10( UTILITY EASEMENT STATE PLAN£ COORDINATES (FR"OM ROLLING ADDITION NO. 1 PLAT) N 1 ,845,395.643 Ŷ 194-,406.057 BRASS CAP 9 !NSiR. :j 288897 16 MILLS iii 1 I IN) ly u Scote; · = 0 1-c: _o co+= ţ ñ c: Lorry J. 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