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RERECORD 545679 DEVELOPMENT AGREEMENT FOR A SINGLE FAMILY DWELLING BETWEEN CITY OF MOSCOW, IDAHO AND MICHAEL J. SPRENGER 544768 THIS DEVELOPMENT AGREEMENT FOR A SINGLE FAMILY DWELLING is entered into this day of J Lk.Vl& , 2011, by and between Michael J. Sprenger, 1341 Tamarack Street, Moscow, Idaho, 83843 (referred to as DEVELOPER), being a Developer of real property as described herein, and City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, ID 83843 (hereinafter referred to as "CITY"); W I T N E S S E T H : WHEREAS, DEVELOPER desires to develop property located within the City of Moscow, Idaho, being more particularly described in Section 1 of this Agreement and shown as a single family dwelling in Exhibit attached hereto and incorporated by reference; and 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 the Agreement herein; and WHEREAS, DEVELOPER enters into this Development Agreement of DEVELOPER's 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 WHEREAS, CITY desires to ensure that public improvements and appurtenances consisting of streets, curbs, sidewalks, traffic control devices, sanitary sewer, storm water runoff control and storm sewer within and adjacent to developed and re-developed property are constructed or upgraded; and WHEREAS, CITY desires to allow DEVELOPER to install only those public improvements required herein and directly related to the construction of a single family dwelling; and WHEREAS, CITY reserves its right under the law to reassess the requirement of additional public improvements at the time of any future development of DEVELOPER'S property described hereinbelow according to requirements of the Moscow City Code in order to mitigate the impacts of such future development; and WHEREAS, DEVELOPER agrees that, in exchange for the ability to construct a single family dwelling on the property affected, DEVELOPER agrees to waive (for himself and all successors, DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE I OF7 ---PAGE BREAK--- RERECORD 545679 544768 heirs, and assigns) any protest or opposition to future assessment by CITY of any future development; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail himself of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, being more particularly described as follows: A parcel of land 4.875 acres, more or less, in size, located in Moscow, Latah County, State of Idaho, more particularly described as follows: Commencing at the Northeast corner of Section 8, Township 39 North, Range 5, W.B.M., and running thence West 165 feet to the True Point of Beginning, thence West 394 feet, thence South 539 feet, thence East 394 feet, thence North 539 feet to the true point of beginning. Subject to an easement to the City of Moscow for construction, maintenance and repair of an underground public sewer line running North and South approximately through the middle of the property; also subject to three ten-foot wide easements, for construction, maintenance, repair and use of existing sewer lines running from the three existing homes East of the property to the Moscow sewer line; the first sewer line commencing approximately 241 feet South of the true point of beginning and thence Westerly to the City of Moscow sewer line; and the second sewer line commencing approximately 261.5 feet South and the true point of beginning and running 30 feet northwesterly, thence Westerly to the City of Moscow sewer line; and the third sewer line commencing approximately 451 feet South of the true point of beginning and running Westerly to the City of Moscow sewer line. Said easements to benefit the three parcels to the East presently having homes on them. and as shown in Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER'S expense, all public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 and, according to direction given by City Council March 7, 2011, which include the following: construction of a concrete driveway approach near the west property line; replacement of existing broken curb from the east end of the new approach to the existing curb at the north right of way DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE20F7 ---PAGE BREAK--- RERECORD 545679 544768 line of Thatuna A venue, and installation of a four foot ( wide sidewalk adjacent to the curb to meet the existing sidewalk on the east side of Ponderosa on the north side of the property; all in accordance with CITY standards. Public improvements required by City Council at the time of the signing of this Agreement represent mitigation of impacts of the construction of the proposed single family dwelling based upon information presented to City Council for consideration on March 7, 2011. On that date, City Council determined that such public improvements were specific to construction of a single family dwelling (made the subject of this Agreement) only. Deferral of the remaining lot frontage public improvements is made at this time. The parties specifically and knowingly agree that any future development activity on the property (beyond the single family dwelling referred to herein) shall require an assessment by CITY of the impacts of such future development(s) on CITY services to determine whether remaining public improvements required by Moscow City Code should be installed by DEVELOPER at the time of such future development. All plans and drawings for such required public improvements shall be approved by the City Engineer prior to the beginning of any construction of any such public improvements. III. TERM: This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements are accepted by CITY for maintenance. IV. CITY'S COVENANT: CITY shall issue building permits for DEVELOPER'S development (upon payment of permit fees, public utility inspection fees of point seventy-five percent (0.75%) of the City Engineer's estimated construction costs and satisfaction of City Code requirements) only after construction and installation of all public improvements and acceptance of such by CITY for maintenance or after adequate security as described in Moscow City Code Section 5-1-1 0 and as described in Sections VI and VII herein has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: DEVELOPER agrees to install all public improvements required herein, at DEVELOPER'S expense, in accordance with approved plans for DEVELOPER'S development, to CITY standards during and under the terms of this Agreement. All plans and drawings shall be approved by the Moscow City Engineer prior to the beginning of any construction of improvements; and DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE3 OF7 ---PAGE BREAK--- VI. SECURITY FOR IMPROVEMENTS: RERECORD 545679 54476b In lieu of DEVELOPER'S construction and installation of all public improvements required herein and CITY'S acceptance of such for maintenance, 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, public utility inspection fees of point seventy-five percent (0.75%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPER'S development. If DEVELOPER fails to complete installation of the public improvements as required by CITY, CITY may attach the security and cause the improvements to be made or CITY may cause improvements to be made and attach a lien on the property in the amount of CITY expenses incurred as a result of DEVELOPER'S failure to comply with this Agreement. Any engineering or construction costs in excess of the security shall be borne by DEVELOPER. Any additional construction services shall be let by bid, and subject to the laws of the State of Idaho relative to the letting of such bids. VII. FORM OF SECURITY: DEVELOPER agrees to provide security for an amount to be determined by the CITY Engineer which will fully cover the entire cost of public improvements as identified and described herein. The security shall be in the form of cash, construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other form of security acceptable by CITY. Such security shall be provided to CITY prior to the issuance of building permits by CITY. The security must be effective for a minimum period of one hundred eighty (180) days from the date of the issuance of the first building permit. 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 Section II are not completed at that time, 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 Moscow City Engineer as conditions warrant. If for any reason the security for such improvements shall be withdrawn by DEVELOPER or the security or financial institution, or the value or terms thereof shall be compromised in any way, CITY shall immediately cease issuing building permits and shall revoke any building permits and/or occupancy permits issued pursuant to the terms contained herein, and further, DEVELOPER shall hold CITY harmless for any and all causes of action or damages alleged to have been sustained because of the revocation of such building permits. If any building permits and/or occupancy permits are revoked pursuant to this section, such building permits and/or occupancy permits shall be re-issued upon receipt by CITY of new or additional security as required herein. VIII. WARRANTY A. All required public improvements, once constructed and accepted by CITY for ownership and maintenance, shall remain free of defects in materials and DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE40F7 ---PAGE BREAK--- RERECORD 545679 54476W workmanship for a period of one year following the date of CITY's written acceptance of such required public improvements warranty period). B. DEVELOPER shall be responsible for correcting any and all deficiencies which occur within the one ( 1) year warranty period. C. Prior to issuance of any building permit in the development, a warranty Security in the amount of fifteen percent (15%) of the estimated value of the required public improvements, as detennined by the City Engineer, shall be furnished to CITY by DEVELOPER. This warranty Security shall be held by CITY in effect for a minimum period of one ( 1) year from the date of CITY's written acceptance of the public improvements described in Section II of this Agreement. D. If DEVELOPER fails to correct all deficiencies within a reasonable amount of time, CITY may claim the warranty Security and correct the deficiencies. E. The warranty Security may be in any form allowed under Section VII of this Agreement. IX. CONSTRUCTION DRAWINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of accurate, complete, mylar final construction drawings for the public improvements described herein, unless such requirement is waived by the City Engineer. X. FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by 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 subsequent purchasers of the property described herein. XII. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any part of the development for any purpose until the described public improvements are completed and accepted by CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. 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 of the Second Judicial District of the State of Idaho in and for the County of Latah. DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE5 01'7 ---PAGE BREAK--- XIV. MODIFICATION: RERECORD 545679 54476b DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the City Council or by a subsequent development agreement between the parties. 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 CITY, its successors heirs, and assigns. This Agreement shall be recorded with the Latah County Recorder. 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: XVII. UNDERSTANDING: Michael J. Sprenger 1341 Tamarack Street Moscow, ID 83843 (208) 882-7713 Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow, ID 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 DEVELOPER has read and understands this Agreement and the contents thereof and has had the opportunity to avail himself 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. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPER: CITY: · j Michael J. Spi€ngeĚ DEVELOPMENT AGREEMENT; SPRENGER AND CITY PAGE60F7 ---PAGE BREAK--- . STATE OF IDAHO ) ) ss: County of Latah ) RERECO'f4 5 6 ( 9 On this day of , 2011, before me, the undersigned, a Notary in and for said State, personally ap, eared Michael J. Sprenger, known to me to be the person whose name is subscribed to the fo egoing and acknowledged to me that he executed the same as the duly authorized representative. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year hereinabove written. DEVELOPMENT AGREEMENT; SPRENGER AND CITY NOTARY PIC for Id Residing at 7 My Commission p' es: 54476T No. AT TH E )1EQUEST OF : _f(71/ S 16ATE&ir0DH · (o 9' {(L·IS:/1 ) SUSAN PETERSN lAT£UN1Y RE ORO Fee$ BY, M I fc7