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409741 RERECORD 4ZJ165 DEVELOPMENT AGREEMENT NURSING HOME USE; 510 W. PALOUSE RIVER DRIVE, MOSCOW, IDAHO This Agreement is entered into this day of November , 1994, by and between Latah Care Center, (referred to as DEVELOPER) being owner and DEVELOPER of premises included in this Agreement and the CITY of Moscow, a Municipal Corporation of Idaho, (referred to as CITY); WITNESSETH: WHEREAS, DEVELOPER desires to develop property within the CITY of Moscow described as 510 W. Palouse River Drive solely for uses incidental to operation of a nursing home; and, WHEREAS, the DEVELOPER has petitioned the CITY for a rezone of the property from its current zoning classification of"R-1" to "R-4" to accommodate such development; WHEREAS, the CITY desires that DEVELOPER be allowed to develop such property for such uses incidental to operation of a nursing home, while assuring that only development for such incidental uses shall be allowed. NOW THEREFORE, DEVELOPER and the CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property within the CITY of Moscow described as 510 W. Palouse River Drive, being further described as: Block 4 , Lots 1 -8 and Block 3, Lots 13-19, Pope's Third Addition to the City of Moscow; all of the O'Rion Drive street right-of-way; the Lenter Street right-of-way adjoining this property to the centerline of Lenter Street; and the adjoining right-of-way of Palouse River Drive to the south right-of-way line. II. ZONING: CITY shall grant a rezone of the above described property from "R-1" to "R-4" SUBJECT to the following conditions: 1. That development of such property by DEVELOPER shall be solely for purposes incidental to the operation of a nursing home, and no other development shall be allowed on such property. 2. That all other requirements of law, regulation and ordinance be complied with prior to any such development. In the event that DEVELOPER or its successor(s) in interest develops, or attempts to develop such property for uses other than uses incidental to the operation of a nursing home, such rezoning shall be null and void and of no effect, and the zoning of such property shall revert to its zoning classification of "R-1 DEVELOPMENT AGREEMENT PAGE 1 94-79 ---PAGE BREAK--- RERECORD 409741 RERECORD 423165 III. HOLD HARMLESS/INDEMNIFICATION: DEVELOPER agrees to hold the City harmless from all liability and damages, of whatever nature that may accrue now or in the future, including, but not limited to: as a result of the rezone of the property, or as the result of a violation by DEVELOPER or its successor(s) in interest which causes a reversion of the zoning classifcation to IV. DEVELOPER'S COVENANT: The DEVELOPER agrees as follows: A. The DEVELOPER agrees to develop the property solely for uses incidental to the operation of a nursing home, and DEVELOPER shall not allow development of the property for any other purpose. B. If the DEVELOPER violates the conditions of this Agreement, it agrees that the rezone of the property shall be null, void and of no effect, and that the zoning classification of such property shall revert to its zoning classification prior to the rezone. V. 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. VI. VENUE AND A ITORNEY 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 ofldaho 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. VII. 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. VIII. 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 the CITY, its successors and assigns. This development agreement shall be recorded with the Latah County Recorder. IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. DEVELOPER: CITY: LATAH CARE CENTER by:dl/1 AITEST: p . £2 Elaine Russell, City Clerk DEVELOPMENT AGREEMENT PAGE 2 ---PAGE BREAK--- STATE OF IDAHO ) ) ss ACKNOWLEDGMENT RERECORD 409741 HER£CORD 423165 County of Lah ) On this~ day ofS8t.tA994 , before me, the undersigned, a Notary in and for said State, personally appeared Paul C. Agidius, in his official capacity as the Mayor of the City of Moscow, Idaho that ,wW:Ji the foregoing instrument on behalf of the City, and acknowledged to me that such City \GS T 'i HI t e• i'ES.!,lliOF, I have hereunto set my hand and affixed my offic· seal the day and year 2 · ?et5abo 'WEOO. V Q_ - i! " - c : - c - = -MN CJ : : - J. . V v B U , e; G Of \V . , STATE OF IDAHO ) ) ss County of Latah ) NOTARY PUBLIC for Idaho Residing af7n2 . My Commission expires: ACKNOWLEDGMENT On this _l3_ day ot\:.Q\',QJ}l.j \ , 199 4 , 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 acknowledged 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 'liereinabove written. . 't ' ' + it:} ' . ( ' : . I • - ) k ' ' . ' ' - _ _ / . , JA TE OF IDAHO County of Latah ) ) ss ) Z On thi day of,f{L-9--· ACKNOWLEDGMENT personally appeared , known to me to be the person whose name is subscribed to the within statement and acknowledged to me that he/she executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written . , . \ E R t.iJ' KL-.. ' tI \J 0 'f :e,QitJC'.)(tCioo., \J . 'v 0 , • o'be \ J1 \ XY 0 J 0 * ;K t;'g h ;it.. ' (p 0 1 \ cP B W F , .If T' E Of \V . . DEVELOPMENT AGREEMENT rz. NOTARY PUBLIC for Id o Residing at Ln , My Commission expires: PAGE3