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8116601 DEVELOPMENT AGREEMENT FOR PERPETUAL PROVISION AND MAINTENANCE OF PRIVATE PARKLAND AND MAINTENANCE OF STORMW A TER DETENTION FACILITIES, FIRE LANES, AND SAFE INGRESS AND EGRESS BETWEEN PROPERTY OWNERS WITHIN GREENSIDES ADDITION TO THE CITY OF MOSCOW, LATAH COUNTY, IDAHO AND CITY OF MOSCOW, IDAHO THIS DEVELOPMENT AGREEMENT for Perpetual Provision and Maintenance of Private Parkland and Maintenance of Stormwater Detention Facilities, Fire Lanes, and Safe Ingress and Egress Between Greensides Incorporated (herein after OWNERS) Within Greensides Addition to the City of Moscow, Latah Coundaho, ity of Moscow, Idaho (hereinafter "Agreement") is entered into this day of , 2007, by and between the property owners within Greensides Ad ition, City of Moaho (hereinafter "OWNERS"), being property owners of real property described herein, and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"). W I T N E S S E T H : WHEREAS, OWNERS desire to own real property within the Greensides Addition to the City of Moscow, Latah County, Idaho; and WHEREAS, CITY desires to ensure that requirements related to utilization of such property by the public consisting of appropriate and safe ingress and egress transportation mechanisms (such as streets to appropriate and related City standards, adequate fire lanes, and maintained storm water detention facilities); and WHEREAS, CITY desires to ensure that the parkland dedication related to Greensides Addition is provided in perpetuity; and WHEREAS, although CITY recognizes that there is a declaration of Covenants, Conditions and Restrictions for Greensides Addition to the City of Moscow, Latah County, Idaho in effect, it wishes to ensure that, should the Homeowners Association created by such Covenants, Conditions and Restrictions be dissolved and/or discontinue functioning, that the CITY will maintain those facilities and arrangements necessary to continue the viability and connectiveness of Greensides Addition to the rest of the CITY; and WHEREAS, as a condition of the final Planned Unit Development (PUD) and the final plat, open space shall be provided toward meeting the parkland dedication requirement of Moscow City Code § 5-l and WHEREAS, in accordance with Moscow City Code § 5-l-5(FX3)(d) all developers providing private space for park purposes and credited toward public parkland dedication requirements shall require the execution of a recorded development agreement to ensure the timely completion of the development of such lands, and the long term preservation, operation and maintenance of such lands for the park purposes for which they are intended; and PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE, ETC, GREENSIDES ADDITION PAGEl OF5 2007-27 ---PAGE BREAK--- 5 1 6 6 0 1 WHEREAS, such open space shall be provided and maintained and preserved in perpetuity; and WHEREAS, the purpose of this Agreement is to ensure that those public related amenities shall continue regardless of the existence and/or functioning of the homeowners association related to the subdivision; and WHEREAS, another purpose of this Agreement is to memorialize some of the conditions of the approval of the PUD and final plat; NOW, THEREFORE, OWNERS and CITY hereby agree as follows: I. Property Affected. This Agreement affects property to be known as Greensides Addition (a Planned Unit Development) within the City of Moscow, Latah County, Idaho, more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER (S1/2SWI/4) OF SECTION 5, TOWNSHIP 39 NORTH, RANGE 5 WEST, BOISE MERIDIAN, BEING MORE PARTJCULARL Y DESCRIBED AS FOLLOW: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 88°52'05" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, 797.09 FEET TO THE CENTERLINE OF NORTH POLK STREET; THENCE NORTH 08°02'15" WEST ALONG SAID CENTERLINE, 239.00 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 2 AS DELINEATED ON A RECORD OF SURVEY FILED UNDER INSTRUMENT NUMBER 364920, RECORDS OF THE LATAH COUNTY RECORDER, SAID POINT ALSO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 88°51'44" WEST ALONG SAID EASTERLY PROLONGATION AND THE SOUTHERLY LINE OF SAID PARCEL 2, 442.93 FEET TO THE EASTERLY LINE OF THE QUAIL RUN ADDITION FILED UNDER INSTRUMENT NUMBER 414835, RECORDS OF THE LATAH COUNTY RECORDER; THENCE ALONG THE BOUNDARY OF SAID QUAIL RUN ADDITION THE FOLLOWING FOUR COURSES: I ) NORTH 00°38'07" EAST, 250.17 FEET; 2) NORTH 87°46'04" WEST, 124.78 FEET; 3) NORTH !2°31'30" WEST, 514.02 FEET; 4) SOUTH 87°47'10" EAST, 525.60 FEET TO SAID CENTERLINE OF NORTH POLK STREET; THENCE ALONG THE CENTERLINE OF SAID NORTH POLK STREET THE FOLLOWING THREE COURSES: I ) SOUTH 12°31'30" EAST, 513.93 FEET; 2) SOUTH 10"34'12" EAST, 115.59 FEET; 3) SOUTH 08°02'15" EAST, 131.09 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL CONTAINS 8.39 ACRES, MORE OR LESS. PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE, ETC. GREENSJDES PAGE20F5 ---PAGE BREAK--- II. PARKLAND DEDICATION: 5 1 6 6 0 1 Private open spaces in this development shall meet parkland dedication requirements of City Code Section 5-l-S.F and shall be in accordance with the Planned Unit Development plans as approved by the City of Moscow. OWNER agrees to develop the required open space, in accordance with such plans, prior to occupying the development and agrees that maintenance and preservation of the open space areas shall remain in perpetuity. OWNER also hereby agrees to provide and maintain public use and access to the Public Easements as shown on said plat. In addition, declarant delegates the right of enjoyment to the Common Areas (except that portion of Tract E located immediately adjacent to Lots 21, 22, and 23) to the general public, in which, such use shall be governed by and subject to the Association rules, and by acceptance of the right of enjoyment, the general public agrees to be bound by the association rules governing such use. Such open space shall be that designated as such on Exhibit to this Agreement. lii. OWNERS COVENANT: A. OWNERS covenant to maintain at OWNERS' collective and/or individual expense, all private streets, alleys, curbs, sidewalks, other private paved areas and private street lighting for the purpose of providing safe, convenient and expeditious access from public streets to individual lots, all in accordance with CITY approved engineering design plans, during and under the terms of this Agreement. B. OWNERS agree to maintain all fire access routes and fire lanes required by State and City Codes, as amended from time, in perpetuity so that there is adequate and safe access to and from the PUD properties and those lots within such property at all times. IV. STORMWATER DETENTION FACILITIES: The stormwater detention facility required as a condition of the final PUD and fmal plat and which is shown on the approved engineering design plans, shall be maintained pursuant to State and City Code, as amended from time, in perpetuity. Such storm water detention facility shall be functional at all times, shall be kept neat and in good repair, and shall meet all current requirements. V. TERM: This Agreement shall remain in full force and effect in accordance with all of its terms and conditions in perpetuity unless modified by both parties and approved by the City Council. PERPETUAL PROVISION OF PARKLAND AND MAINTENANCE, ETC. GREENSIDES ADDITlON PAGE30F5 ---PAGE BREAK--- VI. FAILURE TO COMPLY: 516601 It is understood by both OWNERS and CITY that failure to comply with all terms of this Agreement may result in the revocation of any and all building permits for occupancy within the Greensides Addition to the City of Moscow, Latah County, Idaho. VII. 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. VIII. MODIFICATION: OWNERS and CITY agree that the provisions of this Agreement may be modified only upon request of OWNERS 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. IX. 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. X. UNDERSTANDING: OWNERS have read and understood this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and of other counsel before entering into this Agreement and before signing it, and hereby enter into it voluntarily, willingly, and without inducement. OWNERS, Greensides Incorporated, all subsequent owners, and City of Moscow, Idaho agree that each owner individually is required to contribute a pro rata share for compliance with this Agreement whether or not such Greensides Incorporate exists and/or is functioning. Such requirement is individual and obligates each property owner within the Greensides Addition of the City of Moscow, Latah County, Idaho to comply with all terms of this Agreement. DEVELOPER: Greensides, Inc. ichaei A. Hoffmann, President I PERPETUAL PROVlSlON OF PARKLAND AND MAINTENANCE, ETC. GREENSJDES ADDITION CITY: City of Moscow, Idaho ---PAGE BREAK--- STATE OF IDAHO ) ) ss: County of Latah ) 5 1 6 6 0 1 On this day of IJ9f , 2007, before me, the undersigned, a Notary in and for said State, personally appeared Mic ael A. Hoffinann known to me to be the person whose name IS to the foregoing and acknowledged to me that he executed the same for and in behalf of DEVELOPER as its duly authorized agent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. NOTARYPUBL!C for Residing at tfr,. t-4-, f(O My Commission Expires: Lf . I (p • r3 STATE OF IDAHO ) ) ss: County of On this ay of , 2007, before me, the undersigned, a Notary in and for said State, personally appeared Lin a S. Hoffinann known to me to be the secretary of Greensides, Inc. whose name is subscribed to the foregoing and acknowledged to me that she executed the same for and in behalf of Greens ides, Inc. as vice president of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. NOTARYPUBLICf'r ftJ-/D Residing at c ( HQ My Commission Expires: tf b · ( 3 PERPETUAL PROVISION OF PARKLAND AND MAINTENA:-JCE, ETC. GREENS!DES ADDITION PAGE5oF5 ---PAGE BREAK--- 23 24 TRACT C 22 21 TRACT E 16 Scale: 1" = 100' LEGEND E COMMON OPEN AREA (TRACTS TOTAL AREA = 1.06 ACRES 31 TRACT B 12 11 10 9 32 TRACT D TRACT E TRACT E 8 7 6 5 EXHIBIT GREENSIDES HILL SUBDIVISION DESIGNATED OPEN AREA TRACT A 5 1 6 6 I) I NO.-e=56=7::::--i AT THE REQUEST OF: