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DEVELOPMENT AGREEMENT ROLLING HILLS THIRD ADDITION TO THE CITY OF MOSCOW 428563 THIS AGREEMENT is entered into this day of il/ , 1997, by and between Rafik and Marysue Itani, husband and wif;Y, 'and •G"'bdul-Latif Itani (referred to as "DEVELOPERS"), being Developers of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation of ldaho (referred to as "CITY") WITNESSETH WHEREAS, DEVELOPERS desire to develop property known as Rolling Hills Third Addition to the City of Moscow, Latah County, Idaho; and WHEREAS, CITY desires to ensure that public improvements consisting of water, sanitary sewer, storm sewer, street, curbs and sidewalks are constructed; NOW THEREFORE, DEVELOPERS and CITY hereby agree as follows L PROPERTY AFFECTED This Agreement affects property located within the City of Moscow, Idaho, known as Rolling Hills Third Addition to the City of Moscow, Latah County, Idaho, being more particularly described in Exhibit attached hereto and incorporated herein by this reference. II. PUBLlC IMPROVEMENTS All public improvements required by Moscow City Code Section 5-1-5(D) and including but not limited to water, sewer, storm sewer, streets, curbs, and sidewalks. All plans and drawings for such required public improvements shall be approved by the City Engineer prior to the beginning of any construction of any such public improvements lTI TERM This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements are accepted by the CITY for maintenance. IV. CITY'S COVENANT CITY shall issue building permits for DEVELOPERS' development of Rolling Hills Third Addition or any approved phase thereof (upon payment of permit fees, public utility inspection fees of 0.75% of the City Engineer's estimated construction costs and satisfaction of CITY code requirements) only after DEVELOPMENT AGREEMENT ROLLING HILLS THIRD ADDITION Page 1 97-22 ---PAGE BREAK--- ,4 ")'r'"'1Qt:RS w ( RERECORD 428563 construction and installation of all public improvements and acceptance of such by the CITY for maintenance for such development or any such phase thereof CITY agrees dedication of land described in Section VI of this Agreement satisfies CITY'S parkland dedication requirement pursuant to Moscow City Code Section as further described in Section VI of this Agreement V. DEVELOPERS' COVENANT DEVELOPERS agree to construct, at their sole expense, to CITY standards and in accordance with approved engineering plans for Rolling Hills Third Addition, the public improvements described in Section II. of this Agreement. VL PARKLAND DEDICATION DEVELOPERS agree to dedicate as parkland a parcel of land located in the northeast corner of the land commonly known as the Rolling Hills development currently owned by DEVELOPERS with a north-south dimension of approximately 140 feet and an east-west dimension of approximately 250 feet; a parcel of land located along Mountain View Road adjacent to Paradise Creek as shown on the Rolling Hills Third Addition plat; and a 25-foot wide parcel of land along Mountain View Road as shown on Rolling Hills Addition No. 1 Plat, and to the north of Rolling Hills Addition No. 1. Said dedication shall satisfy the parkland dedication required in Moscow City Code Section 5-1-S(F) for Rolling Hills No. 1, No.2, and No. 3, and for the remainder of the approximately fifty (50) acre parcel of land currently owned by the DEVELOPERS and commonly known as the Rolling Hills development VII CONSTRUCTION DRAWINGS• DEVELOPERS agree 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 or is otherwise modified by a subsequent development agreement between the parties. VIII. F AlLURE TO COMPLY DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement. IX BIJ','DlNG ON HEIRS, ASSIGNS AND PURCHASERS This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. DEVELOPMENT AGREEMENT ROLLING HILLS THIRD ADDITION Page 2 ---PAGE BREAK--- X OCCUPANCY REREC!JRO 428563 DEVELOPERS agree that no person shall be allowed to construct improvements or to occupy any part of Rolling Hills Third Addition or any of its phases for any purpose until the described public improvements are completed and accepted by CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. Such a subsequent development agreement may provide for the posting of security as provided for in Moscow City Code Section 5-1-10. XI. 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 ldaho in and for the County of Latah. XII. MODIFICATION DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPERS accompanied by a complete set of development plans, and acceptance of such modification by the City Council or by a subsequent development agreement between the parties. XIII 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. 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 by certified or registered United States Mail to the following addresses: DEVELOPERS DEVELOPMENT AGREEMENT ROLLING HILLS THIRD ADDITION Rafik and Marysue Itani SW I 5 I 5 Wadleigh Dr. Pullman, W A 99 I 63 Abdul-Latif ltani Beirut, Lebanon Page 3 ---PAGE BREAK--- CITY Paul C Agidius, Mayor City of Moscow P 0 Box 9203 Moscow, Idaho 83843 Telephone (208) 883-7000 FAX (208) 883-7018 RERECiJRO 428563 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. (Marysue Itani Abdul-Latif Itani CITY xFatl €X Pamela Palmer, Acting Mayor By Rafik ltani, by waiver of attorney for Abdul-Latif Itani STATE OF IDAHO ) ) ss County of Latah ) On thisÕ day of \ O. , 1997, before me, the undersigned, a Notary in J and for said State, pers ally appeared Rafik Itani, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN Ý'1iNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day \lti4y:,u-hereinabove written. (I . , . . . . . c ÖOT× R 7 . • eSI mg at My Commission expires _ DEVELOPMENT AGREEMENT ROLLING HILLS THIRD ADDITION Page 4 ---PAGE BREAK--- STATE OF IDAHO ) ) ss F:ERECI)RD 428563 County of Latah ) !1 On this ""Ùday of , 1997, before me, the undersigned, a Notary in and for said State, p 'Onally appeared Marysue ltani, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that she executed the same. AN witNE'SS WHEREOF, I have hereunto set my hand and affixed my official seal the ana ye .ereinabove written. . C· . . . _7 1 _ . ; •ci , • . NtT : j StATE OF IDAHO ) ) ss County of Latah ) Residing at n1:LJ;. Mayor of the City of Moscow, Idaho, executed the foregoing instrument on behalf of the City, and acknowledged to me that he executed the same. Pages ---PAGE BREAK--- 428563 E.XHIBIT Property Description A parcel of land located in !he SW 1 I 4 of Section 9 & !he NW 1 I 4 of Section 16, T39N, R5W, BM and being more particularly described as follows: Beginning at the southwest corner of said Section 9, thence S 89.38'15" 40.00 feet, along the south line of said Section 9, to the TRUE POINT OF BEGINNING. Thence S 89'38'15" E. 555.36 feet along the south line of said Section 9; Thence N 42'42'04" E, 430.72 feet; Thence N 77' 1 0' 40" E, 92.73 feet; Thence N 44'40'36" E, 294.88 feet; Thence S 42'59'27" E, 180.00 feet; Thence S o•oo'oo" E. 419.65 feet to the south line of soid Section 9; Thence N 89'38'15" W, 390.00 feet along the south line of said Section 9; Thence S 0'29'23" W, 433.98 feet; Thence N 76'18'05" W, 401.59 feet; Thence N 89'12'49" W, 222.78 feet; Thence N 71'12'08" W, 280.01 feet; Thence N 0'51'30" E, 251.16 feet to the TRUE POINT OF BEGINNING. Said parcel contains 12.25 acres. RERECORD HO'S:CCrt tb AY'fl\1: 8.c:\\Nf" RuSSeLL