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395608 DEVELOPMENT AGREEMENT MELGARD'S FIRST ADDITION TO THE CITY OF MOSCOW This Agreement is entered into this 21st day of September , 1992, by and between Robert Melgard, (referred to as DEVELOPER) being owner and developer of land premises included in this agreement and the City of Moscow, a Municipal Corporation ofldaho, (referred to as CITY); WITNESSETH: WHEREAS, DEVELOPER owns property within the City of Moscow described as Melgard's First Addition to the City of Moscow; and, WHEREAS, the CITY desires to ensure that all public improvements are properly installed by DEVELOPER; NOW THEREFORE, DEVELOPER and the CITY hereby agree as follows: I. PROPERTY AFFECTED: This agreement affects property known as Melgard's First Addition to the City of Moscow, Latah County, Idaho. This property is described in the plat identified as Appendix I which is attached to and incorporated into this agreement. II. PUBLIC IMPROVEMENTS AND GRADING: The DEVELOPER agrees to install, at his expense, all curbs, street improvements, sewer line services to all lots, storm sewer and street overlay of existing pavement in accordance with approved plans for Melgard's First Addition to the City of Moscow, 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. · III. TERM: This agreement shall remain in effect until all public improvements are constructed for Melgard's First Addition and said public improvements have been accepted by the CITY for maintenance. IV. CITY'S COVENANT: The CITY shall issue building permits for the Melgard's First Addition to the City of Moscow, (upon payment of permit fees 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, or after adequate security as described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements. B V. DEVELOPER'S COVENANT: The DEVELOPER agrees as follows: A A. DEVELOPER shall install, at his expense, all curbs, street improvements, sewer line services to all lots, storm sewer and street DEVELOP:MENT AGREEMENT :MELGARD'S FIRST ADDITION PAGE 1 ---PAGE BREAK--- 395608 overlay of existing pavement in accordance with approved plans for Melgard's First Addition to the City of Moscow, to City standards during and under the terms of this Agreement. B. If the DEVELOPER fails to complete all public improvements, excepting the street overlay and asphalt surfacing of the culdesac area, within NINETY (90) calendar days of the issuance of the first building permit, the CITY may utilize the security specified in paragraphs VI and VII to complete the work on the public improvements. The DEVELOPER further agrees that if DEVELOPER fails to complete all public improvements, excepting street overlay, within NINETY (90) calendar days from the date of issuance of the first building permit, the CITY shall cease to issue further building permits for the affected property until such improvements are completed. If the DEVELOPER fails to complete the street overlay and asphalt surfacing of the culdesac before August 1, 1993, the CITY may utilize the security specified in Paragraphs VI and VII to complete the work on the public improvements. 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 satisfaction of City code requirements) for properties within Melgard's First Addition to the City of Moscow. If the DEVELOPER fails to complete construction of all of the improvements, excepting the street overlay and asphalt surfacing of the culdesac area, within ninety (90) calendar days of issuance of the first 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. Any additional construction services shall be let by bid, and subject to the laws of the State ofldaho relative to the letting of such bids. VII. FORM OF SECURITY: The DEVELOPER agrees to provide security in the amount of FORTY NINE THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS ($49,715.00) 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 3 65 days, or 180 days from the date of the issuance of the first 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.A. 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 DEVELOPMENT AGREEMENT MELGARD'S FIRST ADDITION PAGE2 ---PAGE BREAK--- 395608 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 constructed in each phase of the subdivision. IX. PARKLAND DEDICATION: The DEVELOPER and CITY hereby agree that the CITY's parkland dedication will be satisfied with the transfer of a warrantee deed for the parcel of land indicated on the plat as "Pathway Dedication". The deed shall be provided to the CITY prior to the issuance of building permits. X. FAILURE TO COMPLY: If the DEVELOPER fails to comply with the terms of this agreement, the CITY, after ten (1 0) days written notice, may seek specific performance of the agreement and may attach the security to complete the improvements. The DEVELOPER agrees to pay all expenses incurred by the CITY in enforcing this agreement. XI. 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. XII. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any structure on the described property until a temporary or permanent cul-de-sac is installed by DEVELOPER at the end of Meadow Street. DEVELOPER further agrees that the CITY shall withhold occupancy permits for the structures erected on lots 4 and 5, Block 2 ofMelgards First Addition to the City of Moscow until such time as the public improvements are completed and accepted by the CITY for maintenance. XIII. 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 the County of Latah. The prevailing party to the action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XIV. 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. XV. 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. DEVELOPMENT AGREEMENT MELGARD'S FIRST ADDITION PAGE3 ---PAGE BREAK--- 395608 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: Robert Melgard S. 2206 Manito Blvd. Spokane, W A 99203 Mayor City ofMoscow P.O. Box 9203 Moscow, Idaho 83 843 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. Dt:: Robert Melgard DEVELOPMENT AGREEMENT MELGARD'S FIRST ADDITION CITY: c ATTEST: Elaine Russell, City Clerk PAGE4 ---PAGE BREAK--- 395608 STATE OF WashB\1\9-bn ) ) ss County of %>pokc1Y\-.e ) On this q+b day of A-pv" 7I , 19 before me a Notary Public in and for said State, appeared Robc(t /'Aebav-d , known to me to be the person whose name is subscribed to the within statement ana acknowledged to me that he executed the foregoing agreement. STATE OF I D_A_H_O ) ss County of _ LL? f . . T8 Wz? . . ,t1Æ/.tlÇ Notary ublic in and Tor ' _ . . . . _ ; . . Ã . . . . . State of W[sn/ne;« _ · · . · < . ! '1 ' I '1 r ) • YZ : - Ä- ' . . \ . Q • • . . · .1 ; 0 t , . . ·9 · . . On this _llli day of Apr i 1 , 19 _93, before me a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, known to me to be the Mayor and City Clerk of the City of Moscow and acknowledged to me that they executed the foregoing agreement. DEVELOPMENT AGREEMENT MELGARD'S FIRST ADDITION PAGES ---PAGE BREAK--- I Meadow Brook Addition I . . I I I I • - y I ¿ ' I 9 , _1 ÀI;; 1 . : . I ' • T·5: Monte Vista Addition I I I I I ® I I I I . 111 , .CD 0 " : 0. 0 ' · 1 I - I - , 1 ; 1 1 I • I I I I I I I I I I 0 0 CD ® ' 1· ' 1 I I I ' i 1 I 1 I fi! Point of Beginning State Plane Coordinates · fi! { Gtlv. Iron Pipe) • N • 1,847,882.31 _ .5_,ZSt-64l- ê ii EÁ- 193,045.56 . íZG.· - 70 70 iii MEADOW STREET - iii r,o 70 /0 70 I. G S T 3 - I 47U6 f '31 1 Ul z Ul > CD State Plane Coordinates N-1,847,043.17 iJ'l_ • • t . $ ' ?W g V ® Q) :ë ;I 2 @ } CD y B 1 I ® '§lv> c; 10,549 S.F. \.State Plane Coordinates N- 1,847,916.70 E - !92,904.97 9825 S.F. 981J7 S.F. 9800 S.F. Le£!end Found Brass Cap Survey Monument • Found Iron Pin o Set 5/8" x 30" Iron Pin Property Comer @ Street Monument, 2" Aluminum Cap - - - Public Utility Easement Line - - - - Adjacent Property Boundaries Subdivision Boundary Subdivision Lot Line - - Street Centerline z Ul ¾ 9800 S.F. g I 9800 S.F. I 9800 S.F. o J. ì· 1 7o' 7o' N o"Â41 . 07" tJ:n. EXHIBIT I U ® I 9800 S.F. 1 1o' E- 192,987.53 I @ \ CD r-1 11,957 S.F. I 10,954 S.F. . S7.S so· I so· State Plane Coordinates N- 1, 847,043.26 E • 192,894.53 Melgard's First Addition to the City of Moscow, County of Latah, Idaho Owner: Robert Melgard 2206 S. Manito Blvd. Spokane, W A 99203 September 1992 Engineer: ( A>L4, ENGINEERS PLANNERS 1. . , l.-\#QSo,.':AP£ Po sox sne "oscow. 10 eJa