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403049 DEVELOPMENT AGREEMENT This agreement is entered into this 7th day of ruarch I 1994, by and between Pat Garrett DBA Moscow Building Supply hereinafter ref erred to as "Developer" and the City·of Moscow, a municipal corporation of the State of Idaho (hereinafter referred to as the "City") , for purposes of improving real property within the City of Moscow; WITNESSETH: WHEREAS, City of Moscow ordinances and regulations require the installation of improvements, including landscaping improvements adjacent to property which is put to commercial use; and, WHEREAS, Developer desires to improve the premises described in Section I of this Agreement. WHEREAS, the parties mutually desire to ensure that such improvements are constructed; WHEREAS, Developer has petitioned the City for a change in zone of the premises from AF to MB. NOW THEREFORE, and in consideration of the mutual promises, Developer and the City hereby covenant as follows: following agree and I. PROPERTY AFFECTED: The property which is the subject of this agreement is described as follows: A parcel of land located in the NW 1/4 Section 8, T39N, R5W, B.M. Beginning at the west 1/4 corner of Section 8 thence North, 1549.95 feet along the section line of said Section 8; thence East, 37.95 feet; thence North 89°53'00" E, 25.00 feet to the TRUE POINT OF BEGINNING. Thence N 0°19'00" w, 366.58 feet along the east right of way line of u. s . Hl.ghway 95; Thence N 89°41'00" E, 140.00 feet; Thence s 0°19'00" E, 285.00 feet; Thence s 42°37'06" E, 111.43 feet; Thence S89°53'00" w, 215.00 feet to the TRUE POINT OF BEGINNING. II. PUBLIC IMPROVEMENTS: The Developer hereby agrees to complete improvements described as follows: ---PAGE BREAK--- 40304:9 Install landscaping buffer along the northern 220 feet of the west boundary of the property as shown in attached Exhibit III. CITY'S COVENANT: The City agrees to rezone the property from AF Agriculture/Forestry District to MB Motor Business District. IV. SECURITY FOR IMPROVEMENT: If Developer fails to complete construction of all improvements described in Section II within 180 days of the agreement, the City shall initiate action to reverse the change in zoning designation. V. HOLD HARMLESS: Developer agrees to hold the City hamrless from any and/or all damages which may result from the City's actions in reversing the charge in zoning as described in Section IV of this Agreement. VI. TERM: This agreement shall remain in effect until all improvements as described herein are completed and accepted by the City, and in no event shall the time period to construct the improvements described in Section II exceed 180 days, unless said time period is extended by the City. VII. COVENANTS TO RUN WITH LAND: This agreement shall run with the land and the benefits and burdens herein described shall be binding on the parties heirs, assigns and successors in interest. IN WITNESS WHEREOF, the Developer has executed this agreement to be effective the date first above written. DEVELOPER: CITY OF MOSCOW: Pat Garrett l ATTEST: Elaine Ru[s 11, CityZ1erk ---PAGE BREAK--- ACKNOWLEDGMENT State of Idaho ) ) ss County of Latah ) 403043 On this day of t. 1994, befoR me, a Notary Public in and for said State, appeared , knows to me to be the person named above and acknowledged that he executed the foregoing agreement. ACKNOWLEDGMENT State of Idaho County of Latah ) ) ss · Notary Public iiQrtj; e State of Idaho )/1/Y On this day of Esbruary; 1994, before me, a Notary Public in and for said State, appeared Paul C. Agidius and Elaine Russell, known to be to be the Mayor and City Clerk of the City of Moscow and acknowledged that he executed the 2.34·· ··:·t<1re9ping agreement. o' . . • , • • ·i'sl'l • . : • ; 11 . • . . . . : . ,t ""rf or- . n ' • . , ; . 'op ---PAGE BREAK--- 50' I BRENT DRM'. 1 w 5 / u 50' Ll) o- r C) ui • I_ • 0 • • 0 • • 0 m· I Is w 0 81 u lw 1.5 W 65' 140.00' N 89' 41 •oci" E MOSCOW BUILDING SUPPLy STORAGE yARD GRAVEL I I I I I 0 XI I I I I I I I I I I I I I I I \ \ \ 215.00' s 89'53'00" w HILLCREST MOTEL 403049 :J u: 1- w . 'o oo 0 · :21 No Vl \ \ \ \ ---PAGE BREAK--- w 0 0 C1> b Vl 403049 REQUIRED PLANT UNITS /100' A 2 Canopy Troos I 4 Llndel"$tory Troos \Zr 6 Shrum \ 00' Lo"""r lnfonsity Use At loasl4 ollhoso yjun}ngs shaH bo evorgre«MS. Htghor lnlonsity Ustt Buffory•rd width may bo radueed to a minimum of ton fool (101 where an itTigation &ystom rs installod providing a convoniont and rotiabJe sourctt of water to all portion' ol the bvtforyard so reduced tn widlh. NOTE: THIS BUFFER SCHEME HAS BEEN MODIFIED TO EXCLUDE TREES AS PER STATE OF IDAHO DEPARTMENT OF TRANSPORTATION. SHRU!S HAVE BEEN SUBSTITUTED IN LIEU OF REQUIRED TREES TO FULFILL THE REQUIRED NUMBER OF PLANT UNITS PER 100' OF BUFFER. • 0 PLANT MATERIALS LiST BOTANICAL/COMMON NAME CONDITION MATURE SIZE PINUS HUGO VAR, PUMILIO I OR 2 GAL. H 3' PUMILIO HUGO PINE s 4' SPIREA X BUMALDA 'ANTHONY WATERER' I GAL. H 3' ANTHONY WATERER SPIREA s 3' CONSTRUCTION NOTES REMOVE ALL GRAVEL FROM PLANTING BED. LOOSEN /SCARIFY ANY COMPACTED SOILS IN THE PLANTING BED AND ROUGH GRADE PLANTER. NO. AT THE REQUf.ST OF· 8ACFILL WITH 12'-18' OF GOOD TOPSOIL THROUGHOUT PLANTER AND PLANT SHRUBS AS LOCATED ON DRAWING, • c '.lc s::9..s.S M. 2' MEDIUM COURSE FIR OR PINE BARK MULCH. SUSAN PETERSEN LATAH COUNTY RE.{;ORDER ' ADD BEST-TABS OR AGRIFORM CONTROllED RELEASE FERTILIZER TABLETS AS PER \r . MA#UFACTURERS INSTRUCTIONS TO EACH SHRUB PLANTING HOLE. 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