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496905 DEVELOPMENT AGREEMENT FOR THE BLACKWOOD FIRST ADDITION BETWEEN S & S DEVELOPMENT, INC. AND THE CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into this Jfay of J( <.11 , 2005, by and between S & S DEVELOPMENT, INC., an Idaho Corporation, at 2527 Fugate Road, Palouse, Washington, 99161 (hereinafter referred to as "DEVELOPER"), being Developer of real property as described herein, and the City of Moscow, Idaho, a Municipal Corporation of the State ofldaho, 206 East 3nt Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"); WITNESSETH: WHEREAS, DEVELOPER desires to evelop property on Mountain View Road (to be known as the Blackwood First Addition) in the City of Moscow, Latah County, Idaho, more particularly described as follows: A Parcel of land in the SWY. of the SWY. of Section 4, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, County of Latah, State of Idaho more particularly described as follows: Commencing at the southwest corner of said Section 4 (monumented by a 2" Aluminum Cap) and running thence North 00°25'22" East, a distance of 30.00 feet; along the west line of said Section 4 to the TRUE POINT OF BEGINNING for this description, said point being on the north right-of-way line Mountain View Road; thence North 00°25'22" East, a distance of 1292.71 feet along the west line of said Section 4, to a point that is the northwest corner of the SWY. of the SWY. of said Section 4; thence South 88°51 '12" East, a distance of 331.48 feet along the north line of the SW'!. of the SWY. of Section 4; thence South 00°27'22" West, a distance of 1292.17 feet to a point on the north right-of-way line of Mountain View Road; thence North 88°56'40" West, a distance of 330.71 feet along said right-of-way line to the TRUE POINT OF BEGINNING. Said tract contains 9.82 acres. WHEREAS, DEVELOPER understands that improvements required herein are standards required pursuant to Moscow City Code Title 5, Chapter I and are authorized by Idaho Code Section 67- 6513 and Section 67-6518; and WHEREAS, DEVELOPER and CITY believe that without the public improvements required herein, CITY would not be able to otherwise provide for mitigation of the effects of the subdivision development on tbe ability of CITY to deliver services without compromising quality of such service delivery to current city residents, or without imposing substantial additional costs upon current city residents to accommodate the proposed subdivision; and BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE 1 OF7 2005-30 ---PAGE BREAK--- 496905 WHEREAS, CITY desires to ensure that public improvements consisting of street construction, curb, sidewalk, franchise utilities, storm sewer systems, water mains and sanitary sewer mains are constructed; and WHEREAS, DEVELOPER understands that a waiver of public improvements is available pursuant to the Moscow City Code, but DEVELOPER specifically does not wish to request such a waiver and wishes to enter into this Agreement; and WHEREAS, DEVELOPER enters into this Development Agreement of its own free will and accord, without coercion and without inducement' and at DEVELOPER's request; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail itself of legal and other qounsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located on Mountain View Road (to be known as the Blackwood First Addition) within the City of Moscow, Latah County, Idaho, more particularly described as follows: A Parcel of land in the SWY. of the SWY. of Section 4, Township 39 North, Range 5 West, Boise Meridian, City of Moscow, County of Latah, State of Idaho more particularly described as follows: Commencing at the southwest corner of said Section 4 (monumented by a 2" Aluminum Cap) and running thence North 00°25'22" East, a distance of 30.00 feet; along the west line of said Section 4 to the TRUE POINT OF BEGINNING for this description, said point being ou the north right-of-way line Mountain View Road; thence North 00°25'22" East, a distance of 1292.71 feet along the west line of said Section 4, to a point that is the northwest corner of the SWY. of the SWY. of said Sectiou4; thence South 88°51 '12" East, a distance of 331.48 feet along the north line of the SWY. of the SWY. of Section 4; thence South 00°27'22" West, a distance of 1292.17 feet to a point on the north right-of-way line of Mountain View Road; thence North 88°56'40" West, a distance of 330.71 feet along said right-of-way line to the TRUE POINT OF BEGINNING. Said tract contains 9.82 acres. BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE20F7 ---PAGE BREAK--- II. PUBLIC IMPROVEMENTS: 496905 DEVELOPER agrees to install, at DEVELOPER's expense, public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 consisting of street construction, curb, sidewalk, franchise utilities, storm sewer systems, water mains and sanitary sewer mains; all in accordance with City Standards and approved engineering plans. ill. TERM: This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements are accepted by CITY for maintenance. IV. CITY'S COVENANT: CITY shall issue building permits for DEVELOPER's property described above (upon payment of permit fees, public utility inspection fees of 1.00% of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) only after construction and installation of all public improvements and acceptance of such by CITY for maintenance or after adequate security as described in Moscow City Code Sections 5-1-10 and as described in sections VI AND VII herein has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: A. DEVELOPER agrees to construct, at DEVELOPER's expense, street, curb, sidewalk, franchise utilities, storm sewer systems, water mains and sanitary sewer mains all in accordance with CITY approved engineering design plans, to CITY standards, during and under the terms of this Agreement. B. DEVELOPER agrees to furnish to CITY, at DEVELOPER's expense, engineering design plans (for the required public improvements) prepared by an Idaho Licensed Professional Engineer. Such plans shall be approved by the Moscow City Engineer prior to begirming any construction. C. DEVELOPER agrees that DEVELOPER shall construct street, curb, sidewalk, franchise utilities, storm sewer systems, water mains and sanitary sewer mains within nine months from the date of the issuance of the first building permit; and D. If DEVELOPER fails to complete installation of the required public improvements within nine montha from the date of the issuance of the fust building permit, to City standards and as per the approved plans, CITY shall revoke occupancy of the entire development and shall revoke any applicable permit issued to DEVELOPER by CITY. VI. SECURITY FOR IMPROVEMENTS: In lieu of DEVELOPER's construction and installation of all public improvements required herein and CITY'S acceptance of such for maintenance, CITY agrees that upon receipt of the adequate security described in Moscow City Code Section 5-1-10 it will issue building permits (upon payment of permit fees, public utility inspection fees of one percent (1.00%) of the City BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE30F 7 ---PAGE BREAK--- 496905 Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPER's development. If DEVELOPER fails to complete installation of the public improvements as required by CITY within nine months from the date of the issuance of the first building permit CITY may attach the security and cause the improvements to be made or CITY may cause improvements to be made and attach a lien on the property in the amount of CITY expense incurred as a result of DEVELOPER's failure to comply with this Agreement. Any engineering or construction costs in excess of the security shall be borne by DEVELOPER. Any additional construction services shall be performed subject to the laws of the State of Idaho relative to public works contracting and bidding. VII. FORM OF SECURITY: DEVELOPER agrees to provide secJUity for the public improvements in the amount to be determined by the City Engineer. This security shall be in the form of cash, construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other form of security acceptable to CITY. Such security shall be provided to CITY prior to the issuance of building permits by CITY. The security must be effective for a minimum period of one year from the date of the issuance of the first building permit. 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 section II are not completed within nine months from the issuance of the first building permit, 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 DEVELOPER or the security or financial institution, or the value or terms thereof shall be compromised in any way, CITY shall immediately cease issuing building permits and shall revoke any building permits and/or occupancy permits issued pursuant to the terms contained herein, and further, DEVELOPER shall hold 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 and/or occupancy permits are revoked pursuant to this section, such building permits and/or occupancy permits shall be re-issued upon receipt by CITY of new or additional security as required herein. VIII. PARKLAND DEDICATION: DEVELOPER agrees to contribute to the CITY Four Thousand Seven Hundred Sixty-Five Dollars ($4,765) as payment in lieu of parkland dedication. Said parkland dedication options are in accordance with current Moscow City Code Section 5-1-S(F). Payment shall be received by CITY prior to issuance of building permits. IX. STREET TREES: DEVELOPER agrees to voluntarily contribute to the CITY Six Thousand Eight Hundred Dollars ($6,800) to be placed in a street tree fund to be distributed to lot owners in the Blackwood First Addition for the purchase of street trees in the Blackwood First Addition. The amount assessed for each lot shall be provided to each such lot owner for the purchase of street trees for said lot in accordance with current City of Moscow Standard Construction Specifications and Drawings BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE 40F7 ---PAGE BREAK--- 496905 (Resolutions Nos. 97-04 and 00-02). Payment shall be received by CITY prior to issuance of building permits. X. CONSTRUCTION DRAWINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of accurate, complete, mylar final construction drawings for the public improvements described herein, unless such requirement is waived by the City Engineer. XI. FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. XII. BINDING ON HEIRS, ASSIGNS AND PURCHASER: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XIII. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any part of the development for any purpose until the described public improvements are completed and accepted by the CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. XIV. 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 of the Second Judicial District of the State of Idaho in and for the County of Latah. XV. MODIFICATION: DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon request of DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the Moscow City Council or by a subsequent development agreement between the parties. XVI. 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 CITY, its successors and assigns. This Agreement shall be recorded with the Latah County Recorder. BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE 50F 7 ---PAGE BREAK--- 496905 XVII. 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 addressed: DEVELOPER: S & S Development, Inc. 2527 Fugate Road Palouse, W A 99Hil Phone: (509) 878-1172 CITY: Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 Moscow, ID 83843 Phone: (208) 883-7000 FAX: (208) 883-7018 XVll. UNDERSTANDING: DEVELOPER has read and understood this Agreement and the contents thereof and has had the opportunity to avail itself of legal and of other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPER: Alan Slonaker S & S Development, Inc. President BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT Tami Slonaker S & S Development, Inc. Secretary PAGE60F7 ---PAGE BREAK--- STATE OF County of ) ) s.s. ) On this 12._ day of , 2005, before me, the undersigned, a Notary in and for said State, personally appeared Alan Slonaker and Tami Slonaker known to me to be the president and secretary of S & S Development, Inc. whose names are subscribed to the foregoing and acknowledged to me they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. 496905 BLACKWOOD FIRST ADDITION DEVELOPMENT AGREEMENT PAGE70F 7