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5 3 1E") 4 No AT THE IIEQIXSY UF: s-7 SU t · .::.tiN SECOND AMENDED DEVELOPMENT AGREEMENT F 'liECER 841 NORTH MOUNTAIN VIEW ROAD Fee$ _ OY, BETWEEN CITY OF MOSCOW, IDAHO AND G G /t4PR#t.J d/y.J BRIAN AND VICTORIA LEFFIN WELL 'lilV&'H' R-""*""H/ePT THIS SECOND AMENDED DEVELOPMENT AGREEMENT FOR 841 NORTH MOUNTAIN VIEW ROAD BETWEEN CITY OF MOSCOW, IDAHO AND BRIAN AND VICTORIA LEFFINGWELL (hereinafter "Second Amended Development Agreement") is entered into this day of , 2012, by and between Brian and Victoria Leffingwell, jointly and severally (col ctively referred to herein as "DEVELOPERS"), 841 North Mountain View Road, Moscow, Idaho, 83843, being developers of real property as described herein, and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY"); W I T N E S S E T H : WHEREAS, DEVELOPERS desire to continue to develop property located within the CITY of Moscow, Idaho, commonly known at 841 North Mountain View Road, and as shown in Exhibit attached hereto as a single family dwelling lot, being more particularly described as follows: 841 Mountain View Road, Moscow, Idaho WHEREAS, DEVELOPERS understand that a waiver of public improvements is available pursuant to the Moscow City Code, but DEVELOPERS specifically do not wish to request such a waiver and wish to enter into the Agreement herein; and WHEREAS, DEVELOPERS enter into this Second Amended Development Agreement of their own free will and accord, without coercion and without inducement and at DEVELOPERS' request; and WHEREAS, DEVELOPERS understand that improvements required herein are standards required pursuant to Moscow City Code Title 5, Chapter 1, and are authorized by Idaho Code Section 67-6513 and Section 67-6518; and WHEREAS, DEVELOPERS agree that the public improvements herein are necessary to provide for mitigation of the effects of the single family lot development on the ability of CITY to deliver services without compromising quality of such service delivery to current CITY residents, the public, or imposing substantial additional costs upon current CITY residents to accommodate the proposed single family lot development; and WHEREAS, DEVELOPERS and CITY believe that, without the public improvements recited herein, CITY would not be able to otherwise provide for mitigation of the effects of the single family lot development on the ability of CITY to deliver services without compromising quality of such service delivery to current CITY residents or without imposing substantial additional LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE 1 OF 8 2.012.. 115" ---PAGE BREAK--- costs upon current CITY residents to accommodate the proposed single family lot development; and WHEREAS, CITY desires to ensure that public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1-5, consisting of construction of: curb and gutter along the property's Mountain View Road frontage to conform to CITY established Mountain View Road typical section; including a twenty foot (20') wide concrete approach onto Mountain View Road, six foot wide green strip adjacent to the curb, installation of eighty feet (80') of eight inch SDR 35 PVC culvert pipe, and installation of eighty feet (80') of five foot wide sidewalk are constructed; all in accordance with CITY standards; and WHEREAS, the parties wish to amend the original Development Agreement for 841 North Mountain View Road Between City of Moscow, Idaho and Brian and Victoria Leffingwell (dated August 3, 2011) to allow a Certificate of Occupancy, upon certain conditions, to be issued for the structure prior to completion of the required public improvements because the construction of the required sidewalk at the time of the execution of this Second Amended Development Agreement should be deferred until design and construction of Mountain View Road adjacent to the property is completed; and WHEREAS, DEVELOPERS have read this Second Amended Development Agreement, have understood it, and have had the opportunity to avail themselves of legal and other counsel prior to entering into this Second Amended Development Agreement and prior to signing it; NOW, THEREFORE, DEVELOPERS and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Second Amended Development Agreement affects property located within the City of Moscow, Idaho, and commonly known as 841 North Mountain View Road, being more particularly described as follows: A parcel of land 0.458 acres, more or less, in size, located in Moscow, Latah County, State of Idaho, and more particularly described as follows: Beginning at a point which is 1,084.44 feet South of the Northeast comer of the NE 114 of Section 8, Township 39 North, Range 5 West, B.M.: thence West 279.5 feet; thence North 80 feet; thence East 279.5 feet; thence South 80 feet to the point of beginning. EXCEPTING THEREFROM the East 30 feet thereof dedicated for Mountain View Road in Moscow, Idaho. and as shown in Exhibit attached hereto and incorporated herein by this reference. LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE20F8 ---PAGE BREAK--- II. REMAINING PUBLIC IMPROVEMENTS: 5 5' C 4 . J DEVELOPERS agree that CITY shall install, at CITY's expense, all remaining public improvements and appurtenances required by Moscow City Code Sections 5-1-4 and 5-1- 5, consisting of construction and installation of eighty feet (80') of five foot wide sidewalk, a twenty foot (20') wide concrete approach, six foot wide green strip adjacent to the curb, and sixty feet (60') of eight inch SDR 35 PVC storm drainage pipe when Mountain View Road construction is completed along DEVELOPERS' property, in accordance with CITY standards. 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 remaining public improvements. III. TERM: This Second Amended Development 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: A. CITY shall issue building permits for DEVELOPERS' development or any approved phase of the development thereof (upon payment of permit fees, public utility inspection fees of one point two-five percent (1.25%) of the City Engineer's estimated construction costs and satisfaction of City code requirements) only after construction and installation of all public improvements and acceptance of such by the CITY for maintenance or after adequate security as described in Moscow City Code Section 5-1-10 and as described in Sections V and VI herein has been provided to ensure proper construction of the remaining required public improvements. B. CITY may issue to DEVELOPERS a Certificate of Occupancy prior to completion of remaining public improvements required herein based upon CITY's receipt and retention of DEVELOPERS' security as acknowledged in Section V, herein, and pursuant to this Second Amended Development Agreement and determination that the structure(s) to be occupied meet CITY's standards for such occupancy. V. REMAINING PUBLIC IMPROVEMENTS: In lieu of DEVELOPERS' construction and installation of all remammg public improvements required herein and CITY'S acceptance of such for maintenance, CITY agrees that CITY has received adequate security described in Moscow City Code Section 5-1-10 and in the amount of seven thousand, three hundred seventy five and sixty-two one/hundredths dollars ($7,375.62) and will issue building permits for DEVELOPERS' LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE3 OF 8 ---PAGE BREAK--- development. CITY shall cause remaining public improvements to be made at CITY's sole expense. Any engineering or construction costs in excess of the security already received by CITY shall be borne by CITY. VI. WARRANTY A. All required public improvements installed by DEVELOPERS, once constructed and accepted by CITY for ownership and maintenance, shall remain free of defects in materials and workmanship for a period of one year following the date of CITY's written acceptance of such required public improvements warranty period). B. DEVELOPERS shall be responsible for correcting any and all deficiencies which occur within the one year warranty period. C. Upon acceptance of the public improvements by the CITY, a warranty Security in the amount of fifteen percent (15%) of the estimated value of the required public improvements, as determined by the City Engineer, shall be furnished to CITY by DEVELOPERS. This warranty Security shall be held by CITY in effect for a minimum period of one ( 1) year from the date of CITY's written acceptance of the public improvements described in Section II of the First Amended Development Agreement, for which DEVELOPERS remain responsible. D. If DEVELOPERS fail to correct all deficiencies within a reasonable amount of time, CITY may claim the warranty Security and correct the deficiencies. E. The warranty Security may be in any form allowed under Section VI of the First Amended Development Agreement. 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. VIII. RELEASE: CITY hereby fully releases, relieves and discharges DEVELOPERS, their successors and/or assigns in the real property commonly known as 841 North Mountain View Road, Moscow, Idaho, from any and all responsibility, liability and/or obligation of any kind and for all time to install and/or construct any and/or all of the remaining public improvements required in this Second Amended Development Agreement. LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE40F8 ---PAGE BREAK--- IX. FAILURE TO COMPLY: DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Second Amended Development Agreement. X. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Second Amended Development Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XI. OCCUPANCY: DEVELOPERS agree that no person shall be allowed to continue to occupy any part of the development for any purpose beyond June 30, 2012 unless the described public improvements are completed and accepted by CITY for maintenance or as otherwise provided for herein or as provided for by a subsequent development agreement between the parties. XII. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Second Amended Development Agreement be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State ofldaho in and for the County of Latah. XIII. MODIFICATION: DEVELOPERS and CITY agree that the provlSlons of this Second Amended Development 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. XIV. COVENANTS TO RUN WITH LAND: This Second Amended Development 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 Second Amended Development Agreement shall be recorded with the Latah County Recorder. XV. NOTICES: Any notice required or called for by this Second Amended Development 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: LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE5 OF8 ---PAGE BREAK--- DEVELOPERS: CITY: XVI. UNDERSTANDING: Brian and Victoria Leffingwell 841 N Mountain View Road Moscow, ID 83843 Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow, ID 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 DEVELOPERS have read and understood this Second Amended Development Agreement and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Second Amended Development Agreement and before signing it, and hereby enter into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, the parties have executed this Second Amended Development Agreement to be effective the date first above written. DEVELOPERS: CITY: LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE60F8 ---PAGE BREAK--- ' 553524 STATE OF IDAHO ) ) ss: LATAH COUNTY ) On this 2 3 day of lr d , 2012, before me, the undersigned, a Notary in and for said State, personally appe ed Brian Leffingwell known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. Idaho · ssion expires: Cf- 7-20 I 7 STATE OF IDAHO ) ) ss: LATAH COUNTY ) On this 2.3__ day of A , 2012 before me the undersigned, a Notary in and for said State personallyap :ed\iictoria Leffingwell known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. @ TARY PUBUC oddaho s My Commission expires: q- 7-20/J -E D . ·A ff /OTAif'\ = . • - - . . \ PUIL\C/ > .B·h ? F,,1. ! C Of lv LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE 70F 8 ---PAGE BREAK--- • • t & t Ex.hibit "A " LEFFINGWELL DEVELOPMENT AGREEMENT 841 N. MOUNTAIN VIEW ROAD PAGE 8 OF 8