Full Text
DEVELOPMENT AGREEMENT JOHN AND JAN KEE AND THE CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into this _aih_ day of March , 2004 by and between JOHN AND JANET KEE, husband and wife, residing at 2265 Serene Drive, Boise, Idaho, (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 of Idaho (hereinafter referred to as 'CITY'); WITNESSETH: WHEREAS, DEVELOPER desires to develop the property at 1418 East Street in the City of Moscow, !_atah County, !daho, more [.)2rticular!y descrit>sd 2.s fo!!cws: A parcel of land located in theSE %of the NE %of Section 8, T 39 N, R 5 W, BM and being more particularly described as follows: Beginning at the northeast corner of said Section 8; thence S oo 15' 19"W 1407.61 feet along the east line of said Section 8; thence leaving said line, N 89° 44'41" W 107.69 feet to the True Point of Beginning; thence S oo 15' 19" W 180.39 feet; thence N 89° 44'41" W 114.11 feet; thence N oo 15' 19" E 180.39 feet; thence S 89° 44' 41" E 114.11 feet to the True Point of Beginning. SUBJECT TO the right of way for Street on the south side of this parcel. 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 their own free will and accord, without coercion and without inducement and at DEVELOPER's request; and WHEREAS, DEVELOPER understands 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 V'.'HEREAS, DEVELOPER end C!TY be!!e'!e that without the public !mpro\;er:1ents required herein, CITY would not be able to otherwise provide for mitigation of the effects of the subdivision 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 costs upon current city residents to accommodate the proposed subdivision; and WHEREAS, CITY desires to ensure that public improvements consisting of widening of street pavement, curb, sidewalk and catch basin are constructed; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail itself of legal and other counsel prior to entering into this Agreement and prior to signing it; KEE DEVELOPMENT AGREEMENT PAGE 1 OF 4 NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: 2004-10 ---PAGE BREAK--- I. PROPERTY AFFECTED: This Agreement affects property located at 1418 East Street within the City of Moscow, Latah County, Idaho, described as follows: A parcel of land located in the SE V. of the NEV. of Section 8, T 39 N, R 5 W, BM and being more particularly described as follows: Beginning at the northeast corner of said Section 8; thence S oo 15' 19"W 1407.61 feet along the east line of said Section 8; thence leaving said line, N 89° 44'41" W 107.69 feet to the True Point of Beginning; thence S oo 15' 19" W 180.39 feet; thence N 89° 44'41" W 114.11 feet; thence N oo 15' 19" E 180.39 feet; thence S 89° 44' 41" E 114.11 feet to the True Point of Beginning. SUBJECT TO the right of way for Street on the south side of this parcel. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to furnish casn security in the amount of six thousand three hundred dollars ($6,300.00) for the public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 consisting of widening of street pavement, curb, sidewalk and catch basin; all in accordance with City Standards and approved engineering plans. All plans and drawings for such required public improvements shall be by the CITY. Ill. TERM: This Agreement shall remain in effect until the public improvements required herein are constructed and installed. IV. CITY'S COVENANT: A. CITY shall issue building permits for the property described in Section I upon receipt of adequate security described in Section VI and upon payment of permit fees and satisfaction of Moscow City Code requirements. B. CITY shall not require public improvements related to the development of DEVELOPER's property in addition to those required herein. C. CITY shall cause the required improvements to be made as agreed herein. D. CITY shall apply the required security towards future construction of Street public improvements along the property described in Section I. V. DEVELOPER'S COVENANT: DEVELOPER agrees as follows: CITY agrees to construct with DEVELOPER's security the widening of street pavement, curb, sidewalk and catch basin, all in accordance with CITY standards, and in front of DEVELOPER's property described herein, during and under the terms of this Agreement. KEE DEVELOPMENT AGREEMENT VI. SECURITY FOR IMPROVEMENTS: PAGE 2 OF 4 ---PAGE BREAK--- 485:126 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 and satisfaction of Moscow City Code requirements) for DEVELOPER's development Any construction costs in excess of the security required of the DEVELOPER shall be borne by CITY. VII. FORM OF SECURITY: DEVELOPER agrees to furnish to the CITY a six thousand three hundred dollars ($6,300.00) security which shall fully cover the entire cost of public improvements as identified and described herein. The security shall be in the form of cash as allowed in Moscow City Code Section 5-1-10(C)(3). Such security shall be provided to CITY prior to the issuance of building permits by CITY. CITY shall claim the security and hold it in an account for future use as described in Section IV-D. VIII. FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement IX. 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. X. 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. XL 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. XII. 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. KEE DEVELOPMENT AGREEMENT XIII. NOTICES: PAGE 3 OF 4 ---PAGE BREAK--- 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: John and Janet Kee 2265 Serene Drive Boise, ID 83706 XIV. UNDERSTANDING: CITY: Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 206 E. Street Moscow, ID 83843 Phone: (208)883-7000 Fax: (208)883-7018 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. ) ) ss County of ) On this t{day of , 2004, before me, the undersigned, a Notary in and for said State, personally appeared John and Janet Kee known to me to be the persons whose names are subscribed to the foregoing and acknowledged to me they executed the same. KEE DEVELOPMENT AGREEMENT Residing at 45 / My Commission Expires:c>7 / t2 "7 ' ; PAGE 4 OF 4 ---PAGE BREAK--- sh?nani6:, p\m3 f\ \e 1\1is w) 1he 'Kee' mweiDvment Aree.,1lenf: -MD retord inj necesn- CityOfM< User: Ieora Sta Oper: Rcpt No: 0011038 Customer No: 009066 1\tlll k Name: JESSICA KEE Address: 1209 E 5TH MOSCOW, ID 83843 Category: DEAN SECURITY DEPOSIT Description Printed: 03/09/2004 13:04 Check No: 1000 Date: 03/09/2004 Amount Due: 6,300.00 Cash: 0.00 Check: 6,300.00 NIA 0.00 Change: 0.00 DEAN DEY AGREE SEC FOR 1418 F STREET Amount 6,300.00