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MONUMENTATION AGREEMENT BETWEEN MARK AND ROBYN PICA AND CITY OF MOSCOW, IDAHO THIS MONUM NTATION AGREEMENT (hereinafter "Agreement") is entered into this 23 day oflii./Jf'tf(.CH , 2017 by and between Mark and Robyn Pica, whose current address is 10393 North Idaho Road, Post Falls, Idaho, 83854 (hereinafter "DEVELOPER") and the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY") for the purpose of subdividing real property within CITY. W I T N E S S E T H: WHEREAS, DEVELOPER is the owner of certain premises located in CITY, commonly known as Picabu Estates Subdivision in the City of Moscow; and WHEREAS, DEVELOPER has not, at this time, set interior monuments as required by Idaho Code Section 50-1303; and WHEREAS, DEVELOPER desires to record the final plat of Picabu Estates; and WHEREAS, Idaho Code Sections 50-1331 to 50-1333 allow the setting of interior monuments for subdivisions following the recording of the final plat; and WHEREAS, the parties mutually desire to ensure that such monuments be installed; NOW THEREFORE, and in consideration of the following mutual promises, DEVELOPER and CITY hereby agree and covenant as follows: 1. PROPERTY AFFECTED: Property which is subject to this Agreement is described as Picabu Estates Subdivision in the City of Moscow (hereinafter "SUBDIVISION"), as shown by the plat herein incorporated by reference. 2. PROFESSIONAL LAND SURVEYOR: For the purpose of this Agreement, the Professional Land Surveyor (hereinafter "SURVEYOR") for the platting of SUBDIVISION is Michael A. Roudebush, Idaho LS No.16744, of Hodge and Associates in Moscow, Idaho. 3. CONDITIONS OF RECORDING WITHOUT MONUMENTATION: Pursuant to Idaho Code Section 50-1333, DEVELOPER may record the final plat of SUBDIVISION if: A. The exterior monuments have been set; B. The SUBDIVISION plat includes a certification by SURVEYOR that the interior monuments for SUBDIVISION shall be set in accordance with Idaho Code Section 50-1303, on or before a specified date and the said interior monuments shall be referenced on the SUBDIVISION plat with a unique symbol. The time for setting the MONUMENT A TION AGREEMENT MARK AND ROBYN PICA AND CITY OF Moscow, IDAHO PAGE 1OF4 ---PAGE BREAK--- 584795 interior monuments shall not exceed one calendar year from the date the SUBDIVISION plat is recorded or as otherwise specified by written agreement with CITY; and C. DEVELOPER furnishes to CITY a cash deposit in the amount equal to one hundred twenty percent (120%) of the estimated cost of the survey work for SUBDIVISION, based upon the estimate of SURVEYOR. 4. DEVELOPER'S COVENANT. DEVELOPER agrees as follows: A. To have installed, at DEVELOPER's expense, all interior monuments within the SUBDIVISION, as required by Idaho law; and B. To have the interior monuments set by SURVEYOR, except as allowed otherwise under Section 7 of this Agreement; and C. To have installed all required interior monuments on or before the date specified on the SUBDIVISION plat; and D. To furnish CITY with a cash deposit in the amount of Four Thousand One Hundred Forty Dollars ($4,140), which is equal to the one hundred twenty percent (120%) of the Three Thousand Four Hundred Fifty Dollars ($3,450) estimated by SURVEYOR to set SUBDIVISION interior monuments. 5. CITY COVENANT. That upon the compliance of DEVELOPER with the terms and conditions of this Agreement, CITY shall advise the Latah County Recorder that the requirements ofldaho Code Sections 50-1331 to 50-1333 have been met and security in the amount of Four Thousand One Hundred Forty Dollars ($4,140) has been deposited with CITY as required by Section 4. D. of this Agreement. 6. RETURN OF DEPOSIT. If DEVELOPER pays SURVEYOR for performing the interior monumentation work and furnishes CITY with proof of such payment, CITY shall, within two months after such notice, return the cash deposit upon a finding that such payment has been made, or CITY may, upon written request of DEVELOPER, pay SURVEYOR from moneys within a cash deposit held by CITY for such purpose, and return the excess amount of the cash deposit, if any, to DEVELOPER. 7. FAILURE OF SURVEYOR TO PERFORM MONUMENTATION. In the event that the death, disability, retirement of SURVEYOR, or upon the failure of SURVEYOR to set such monuments in accordance with law, CITY may direct the county surveyor in his or her official capacity, or contract with an Idaho professional land surveyor in private practice, to set such monuments and reference such monuments for recording as provided in Idaho Code Sections 50-1331 to 50-1333. The fees of the county surveyor or private surveyor shall be paid by DEVELOPER in accordance with the terms of this Agreement. MONUMENT A TION AGREEMENT MARK AND ROBYN PICA AND CITY OF Moscow, IDAHO PAGE2 OF4 ---PAGE BREAK--- 584?95 8. FAILURE OF DEVELOPER TO PAY FOR MONUMENTATION. In the event DEVELOPER fails or refuses to authorize the payment for interior monumentation, SURVEYOR may request payment from CITY, and upon inspection by CITY of such interior monumentation, CITY shall pay SURVEYOR from the proceeds of the cash deposit. Any costs associated with the installation of such monuments in excess of the security shall be borne by DEVELOPER. 9. TERM. This Agreement shall remain in effect until all monuments as described herein have been installed and accepted by CITY. 10. COVENANTS TO RUN WITH LAND. This Agreement shall run with the land and benefits and burdens herein described shall be binding on the parties, heirs, assigns and successors and interest. IN WITNESS WHEREOF, the parties have executed this AGREEMENT to be effective the date first above written. Developers City of Moscow: .?Jtw2 Mark Pica, Owner - Picabu Estates MONUMENT A TION AGREEMENT MARK AND ROBYN PICA AND CITY OF Moscow, IDAHO PAGE 3 OF4 ---PAGE BREAK--- STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) ACKNOWLEDGMENT On this 2 3 day of /V)AfO-( · 2017, before me, the undersigned, a Notary in and for said State, personally appeared Mark Pica, owner of the affected property. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herH\\IJKLen. fi . · DE<\)F • : • • • ef . · ·-OP § 0 TAR y\,(J>G NOTARY PUBLIC for the state of ...tDA--HO B L J g Residing at fVlQ5COt;0 , 1.DA- +-10, · ,0 UBL\ C § My Commission expires: ,3 / tO ( ZOZZ U c Q STATlir@,{,\K'È 1n1Tr1111\V ) ) SS. COUNTY OF LATAH ) On this 23 day of MA-RCf-j 20L7, before me the undersigned a Notary in and for said State, personally appeared Robyn Pica, owner of the affected property. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. k/.11'1 /I \\\\\\11111111111. lj f V V VV" H c01111/. #'MN : NOTARY PUBLIC for the state of !DIH-ld QR.·· ·-.ST l o TAR Residing at Y!ll6SCOUJ / { .1}Af-t0 My Commission expiresJ j;j tO / ZO 2 Z % '°UBL\C j j b • • .t s g cS"'" • c c . . · · "1111. 'E Or \v 1111111111111\\\\\ MONUMENTATION AGREEMENT MARK AND ROBYN PICA AND CITY OF Moscow, IDAHO PAGE4 OF4