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Re- K t?e-a ·Ź źŻ f6 A- cr-AG(f EĤ t-t ( t6 I t 3952bė DEVELOPMENT AGREEMENT TIDYMAN'S, INC. 395185 This Agreement is entered into this Ą day of Ma r.c h 1993, by and between Tidyman's, Inc., a Washington Corporation, (hereinafter referred to as DEVELOPER) being developer of land and premises included in this agreement, Eugene and JoAnn Thompson, (hereinafter referred to as Property Owners) being the owners of real property subject to this agreement and the City of Moscow, a Municipal Corporation of the State ofldaho, (referred to as CITY); WITNESSETH: WHEREAS, PROPERTY OWNERS are the owners of real property within the City ofMoscow, which DEVELOPER has agreed to lease and upon which DEVELOPER intends to construct a commercial building and related improvements and, WHEREAS, the CITY desires to ensure that all public improvements within and adjoining the premises are properly constructed and instalied by DEVELOPER; NOW THEREFORE, the parties hereby agree as follows: I. PROPERTY AFFECTED: This agreement affects the premises within the City of Moscow, Latah County, Idaho, as shown on Exhibit which is attached to and incorporated by reference to this agreement. II. PUBLIC IMPROVEMENTS AND GRADING: a. The DEVELOPER agrees to construct and install, Blaine Street to the specifications as shown on the approved engineering plan prepared by Hodge and Associates, Inc., engineers, for Indian Hills Fourth Addition, attached hereto as Exhibit and incorporated by this reference, 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. b. The DEVELOPER agrees to construct and install, at its sole expense, an eight inch diameter sanitary sewer line extending from Blaine Street to the east property line of DEVELOPER'S property, being approximately four hundred eighty five ( 485) feet in length, in conformance with City standards, and as shown on Exhibit attached hereto and inc01iporated : by this reference to this Agreement. • c. The DEVELOPER shall pay for a traffic engineering study oPthe Blaine Street and State Highway 8 intersection to determine whether a traffic signal is warranted at that intersection as a result of DEVELOPER's development. Copies of the engineering report shall be supplied to the CITY and the Idaho Department of Transportation. DEVELOPMENT AGREEMENT PAGE 1 ---PAGE BREAK--- ŵŶ,ŷŸC"- ģ a952o8 395185 d. The DEVELOPER agrees to construct, and install improvements to the intersection of Blaine Street and State Highway 8 which are determined as necessary by the traffic study referred to in paragraph II.c. of this Agreement, or which are required by the Idaho Department of Transportation or the CITY, based upon the Manual For Uniform Traffic Control Devices (MUTCD). III. TERM: This agreement shall remain in effect for FIFTEEN (15) years or until all public improvements described herein are constructed or otherwise provided for in this agreement, and said public improvements have been accepted in writing by the CITY for maintenance. It is expressly agreed that funds paid by DEVELOPER to the CITY pursuant to Section V.f of this Agreement shall remain with the CITY for the purpose of constructing the traffic signal device at the intersection Blaine Street and State Highway 8 without regard to the foregoing expiration date of this agreement. IV. ClTY'S COv"ENANT: The CITY shall issne building perrnits for the construction of private improvements to be located on said premises, (upon payment of permit fees, public utility inspection fees of 0. 75% of estimated construction costs 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 in writing, or after adequate security as 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. The DEVELOPER agrees to construct and install Blaine Street to the specifications as shown on the approved engineering plan prepared by Hodge and Associates, Inc., engineers, for Indian Hills Fourth Addition, attached hereto as Exhibit and incorporated by this reference, 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. b. The DEVELOPER agrees to construct and install, at its sole expense, an eight inch diameter sanitary sewer line extending from Blaine Street to the east property line of DEVELOPER'S property. being approximately four hundred eighty five ( 485) feet in length, in conformance with City standards, and as shown on Exhibit attached hereto and incorporated by this reference to this Agreement. c. The DEVELOPER shall pay for a traffic engineering study of the Blaine Street and State Highway 8 intersection to determine whether a traffic signal is warranted at that intersection as a result of DEVELOPER'S development. Said traffic engineering study shall be completed and copies shall be supplied to the CITY and the Idaho Department of Transportation no later than March 15, 1993. d. The DEVELOPER agrees to construct and install improvements to the intersection of Blaine Street and State Highway 8 which are determined as necessary by the traffic study referred to in paragraph II.c. of this Agreement, or which are required by the Idaho Department of DEVELOPMENT AGREEMENT PAGE2 ---PAGE BREAK--- 395185 Transportation or the CITY, based upon the Manual For Uniform Traffic Control Devices (MUTCD). Further, should the traffic study disclose that, as a result of DEVELOPER'S development, a traffic signal is required at the intersection of Blaine Street and State Highway 8, DEVELOPER shall pay a percentage of the cost of the installation and purchase of the signal and other intersection improvements in accordance with DEVELOPER'S contribution of the total traffic volume on Blaine Street. In the event that the traffic signal is not required at this time as a result of the DEVELOPER'S development as evidenced by the traffic engineering study described above, DEVELOPER shall participate in the cost of installation and purchase of the signal as required by paragraph V.e. e. If a traffic signal is not required at this time as evidenced by the traffic engineering study described above and a subsequent study conducted in the future reveals the necessity of a traffic signal, then and in that event DEVELOPER shall pay a percentage of the total cost of the installation and purchase of the signal in accordance with DEVELOPER'S contribution to the total traffic volume on Blaine Street. DEVELOPER shall be entitled to credit for any improvements made by DEVELOPER to the intersection of Blaine Street and State Highway 8 in excess of those improvements shown on Exhibit DEVELOPER agrees that the costs of such installation and purchase of a traffic signal in the percentage described above shall be a lien in favor of the CITY against the leasehold interest held by the DEVELOPER in the property subject to this agreement. f. DEVELOPER may, as an alternative to the requirements of paragraph V.e., pay to the CITY the sum of FIFTY THOUSAND DOLLARS ($50,000.00) less any credit for improvements made to the intersection of Blaine Street and State Highway 8 in excess of those required by Exhibit Such payment shall fully satisfy DEVELOPER'S future obligation to participate in the cost of a traffic signal at the intersection of Blaine Street and State Highway 8. If this alternative is chosen by DEVELOPER, such payment shall be due within 30 days of the issuance of the building permit. Upon payment of said $50,000.00, this sum shall be deducted from the security required under Section VII of this agreement. g. DEVELOPER shall submit its engineering designs for all traffic improvements to the intersection of Blaine Street and State Highway 8 within 30 days of approval of the traffic engineering study by the CITY and rhe Idaho Department ofTransportaiion. h. DEVELOPER shall complete the construction of the required traffic improvements within 60 days of approval by the CITY and the Idaho Department of Transportation of the engineering and design documents; provided that said time for completion may be extended for delays which are beyond control of the DEVELOPER. i. If the DEVELOPER fails to complete all public improvements (exclusive of traffic signal and improvements to the intersection of Blaine Street and State Highway within NINETY (90) calendar days from the issuance of the building permit, the CITY may utilize the security specified in paragraphs VI and VII to complete the work on said public improvements, provided that said time of completion may be extended for delays which are beyond the control of the DEVELOPER. Construction administered by DEVELOPMENT AGREEMENT PAGE3 ---PAGE BREAK--- 395185 the CITY shall be subject to the laws of the State of Idaho relative to the letting and administration of such bids and construction. 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 public utility inspection fees of 0. 75 percent (.075%) of estimated construction costs and satisfaction of City code requirements) for improvements located on said premises. If the DEVELOPER fails to complete construction of all of the public improvements within NINETY (90) calendar days from issuance of the 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 VII. FORM OF SECURITY: The DEVELOPER agrees to provide security in the amount of TWO HUNDRED EIGHTY THOUSAND ONE HUNDRED FIFTY DOLLAR.S ($280,150.00) for public improvements as identified and described in paragraph VI. above. 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 form 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 the issuance of the 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. are not completed at that 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, reproducible as-built drawings for all of the water, storm sewer, sanitary sewer, curb, sidewalk, and street improvements to be constructed. IX. F AlLURE TO COMPLY: If either party fails to comply with the terms of this agreement, the other party, after ten (1 0) days written notice, may seek specific performance of the agreement, and in the case of failure of the DEVELOPER to comply with the terms of this agreement the CITY may attach the security to complete the improvements. The prevailing party DEVELOPMENT AGREEMENT PAGE4 ---PAGE BREAK--- 395185 shall be entitled to reasonable costs and attorney's fees incurred in enforcing the terms of 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 leasehold described herein. XI. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any structure on the described property until such time as the public improvements (except for the traffic signal device or other improvements to the intersection of State Highway 8 and Blaine Street as discussed above) are completed and accepted by the CITY for maintenance. XII. 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 th:; County of Latah. 1.'he prevailing party to the action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XIII. 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. XIV. COVENANTS TO RUN WITH LEASEHOLD: This agreement shall run with the leasehold 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. XV. EFFECTIVE DATE: This Agreement shall take effect upon the application by DEVELOPER for building permits or other related permits pertaining to said development. XVI. 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: PROPERTY OWNERS DEVELOPMENT AGREEMENT Tidyman's Inc. 17515 E. Appleway Greenacres, W A 990 i 6 Mayor City of Moscow P.O. Box 9203 Moscow, Idaho 83843 Eugene and JoAnn Thompson 3307 Pinecrest Road Moscow, Idaho 83843 PAGE5 ---PAGE BREAK--- 395185 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. DEVELOPER: PROPERTY OWNERS: l o ă Thompson CITY: Paul C. Agidius, Mayor ATTEST: L . · ē . . Elaine Russell, Cit ACKNOWLEDGMENTS STATE OF fAJJtB:./1(1)6 70/J ) ) ss County of fi1(J C' ) On this 5 ǭday of /U Mf Ď : . . . \ ' . · . . • • i - • • Ųų-lŴt , . . . ' -đĒ"' tJ'E;vELOPMENT AGREEMENT PAGE7 ---PAGE BREAK--- r- [.RECEIVED 9&/1Ȇ 17:25 1991 AT 358393ȇ!· PAGe 1 (PRINTED PAGE 1) ] \ JUN 14 '91 16:17 UNITED .2IFIC SPOKANE č P.1ć UNITED PACIFIC INf.3URANCE COMPANY lll./\U 01'1'-ICC, Ft.;OL lt/\L W/\V, W/\SIIINCTUN , retuąned to f11ke Bo\me m Aprd) 1994 bu nùan c. weuenJ SUBDIVISION 60ND J ) Bond No. U2_4_2_33_9_2 KNOW ALL MEN BY THESE PRESENTS, that we ' _ as Principal, and UNITED PACIFIC INSURANCE COMPANY of Tacoma, Washington, a Washington Corporation, authorized to do business in the State of - --=ill = l'\00 _ , as Surety, ore held and firmly bound unto - as Obi i gee, in the pena I sum of ThD HUNDRED 11-URIY TIUJSAND ONE HUNDRED,FIFIY!:!:£-& 00 _ DOLLARS, lawful money of the- United States of America, for the payment of which well and truly to be mode, we bind ourselves, our heirs, E1Xeculors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, JTKIDLiYMAN - hos agreed to construct in INDIAN HIU..S FOOR1H ADDITION in _MJ _saJ..l ' _m _ AID _ _ · the following improvements: WA'IER, SIORM SEWER, SANITARY SEWER, CURB, SIDEWALK, AND STREET IMPROVEMENTS NOW, THEREFORE, THE CONDITION OF THIS OBLIGA T.ION IS SUCH, that if the said Principal shall con struct, or have constructed, the improvements herein described and shall s uvo the Obligee harmless from any loss, cost or damage by rcos.on of its failure to complete soid work, then thi!o obligotion shall be null and void; other· wis.e to romain in full force ond offecf. Signed, sealed ond doted this 16TII 80U-232C • 7/81 day of _____MRIL 19 - TID'Yl'f.AN INC. . .L/1 p,."Âipa.l By: a;;?z.r--ø .S.e-C RHONDA A. OOERSCHEL ---PAGE BREAK--- - . . UNITEDT !CIFIC INSURANCF .)OM PAN¥ HEAD OFFICE, FEDERAL WAY, WASHINGTON POWER OF ATTORNEY • KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY. a corporation duly organized under the laws of the State of Washington, does hereby make, constitute and appoint RHONDA A. DOERSCHEL of SPOKANE, WASHINGTON------------Q its true and lawful Attorney-in-Fact, to make, execute, aeal and deliver for and on its behalf, and as its act an9 deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURE7YSHIP------------- and to bind the UNITED PACIFIC INSURANCE COMPANY thereby aa fully and to the same extent as if such bonds and undertakings and other writings obligatory In the nature thereof were algned by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested by one other of auch officers. and hereby ratifies and connrma all that Its said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney Ia granted under and by authority of Article VII of the By-LaW1 of UNITED PACIFIC INSURANCE COMPANY which became effective September 7, 1978, which provl&lons are now In full force and effect, reading as follows: ARTICLE VII- EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President. the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or olher officer designated by the Board of Directors shall have power and authority to appoint Attorneys-In-Fact and to authorize them to execute on behalf of lhe Company, bonds and undertakings. recognizances, contracts of indemnity and other wri1ings obligatory in the nature thereof. and to remove any such Attorney-in-Fact at any lime and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority. subject to the terms and limitatioos of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings. recognizances, conlracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavi1s required to be attached to bonds. recognizances. contracts of indem nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By-Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June. 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved. that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed. this l 7 day of March 19 9 2 . STATE OF viashington } ss . COUNTY OF King On this l 7 day or March / V oce President . .19 9 2.personallyappeared ůawrence W. to me known to be the Vice-President of the UNITED PACIFIC INSURANCE COMP ANY, and acknowledged that he executed and attested the fore going instrument and affixed the seal of said corporation thereto. and that Art;cle VII, Sectoon 1. 2, and 3 of the By-Laws of said Company and the Resolution. set forth therein, are still in full force. My Commission Expores: April 3 . 19 9 3 Washington Resodong at Tacoma 1. Mar ·or ie S. Hansen . Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY. do hereby certofy that the above and J,regoong is a true and correct copy ol a Power of Attorney executed by saod UNITED PACIFIC INSURANCE COMPANY, whoch os stoll in full Ioree and effecl .IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of saod Company thos 16th 19 93 Assostant Secretary BOU· 1431 Ed 4180 ---PAGE BREAK--- l! • i I UNITED PACIFIC INSURANCE COMPANY HOME OFFICE 4 PENN CENTER PLAZA PHILADELPHIA, PA 19103 ENDORSEMENT • It is hereby understood and agreed that the home office address is amended to read: 4 Penn Center Plaza, Philadelphia, PA 19103 All other terms and conditions remain unchanged. ---PAGE BREAK--- I 6AN. N.H. B \ \ \ \ \ \ - - - ___ilibLc!jd- r· _ I / \ drop H !712At'-fl "1'0 5e. PON ĕt::.ve-L.b?MG.N1 Ą\ - 2 object markers \ \ \ 1- 395288 - _ a- · _ ē lfiV ' ŮQ . >ȅ Naf1ve moscow cla÷e4 sdf soil ( PJiouse loess) comĖacted to 9s7, Of the mn. dr4 densd4 determmed by Prodor1 AASHro TĔ9. underdwn(m plan) ReffiOiie m1n. e·mt. sod Ȅ II EXH I Bl T A .DEVELOPMENT AGREEMENT: CITY OF MOSCOW INC. Indian ffills Fourth Addition to the City of Moscow, County of Latah, ID Owners: Eugene & JoAnn C. Thompson (H/W) Dennis & Barbara Mason Peterson (H/W) Advanced Equity VII, A Idaho LTD. Partnership 'ENGINEERS • PLANNERS • LANDSCAPE ARCHITECTS P.O. BOX 8728 · ·MOSCOW, ID 83843 (206) 862-3520 Proj;!Ct Nc. !067-01-92 I I I i ---PAGE BREAK--- iliSTAI L Ntw sa MJi ·7 0+25.57 RIM EL.-=2585.15 I.E.-2577.24 _ _ I II I I I ( - 395288 I I II - II ï II - II - ǿ II Ă-ă- - CONTRAā / / ELECTRICAL. , 1'42•0' G•.004o /!JLAIN£ $ Ríì _ î oĀtR. 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