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DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT BETWEEN CITY OF MOSCOW, IDAHO AND TRINITY REFORMED CHURCH THIS DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT BETWEEN CITY OF MOSCQW, IDAHO RND TR.INITY REFORMED CHURCH (herein "Agreement") entered into the 5S day of _M,rCM , 2013 by and between the City of Moscow, Idaho, a Municipal Corporation of Idaho, (hereinafter "CITY"), and Trinity Reformed Church, owner of property located at 101 East Palouse River Drive, Moscow, Idaho, 83843 (hereinafter "DEVELOPER"); 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 as follows: Lot 1, Lot 2, and Lot 3 of Palouse Tracts Addition to the City of Moscow; Also including the eastern 40 feet of Lot 4; Also including the adjoining vacated street right-of-way, vacated by Ordinance 2003-02; Excepting therefrom the public right-of-way dedicated by RIW Instrument 519740 12/2007 Described area contains approximately 2.26 acres and is shown on attached EXHIBIT WHEREAS, DEVELOPER understands that a waiver of some improvements may be 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 its own free will and accord, without coercion and without inducement and at DEVELOPER'S request; and WHEREAS, DEVELOPER understands and agrees that parking lot improvements required herein are standards required pursuant to Moscow City Code§ 4-6-5(A)(6)(a); and WHEREAS, DEVELOPER agrees that the improvements herein are necessary, in part, to provide for mitigation of the affects of the subdivision development on the ability of CITY to deliver services without compromising quality of such service delivery to current CITY residents, the public, or imposing substantial additional costs upon current CITY residents to accommodate the proposed subdivision; and WHEREAS, DEVELOPER and CITY believe that, without the improvements 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 DEVELOPMENT AGREEMENT- TiuNrrY REFORMED CHURCH/ CITY PAGE 1 OF 5 ---PAGE BREAK--- WHEREAS, CITY desires to ensure that improvements and appurtenances required herein are constructed or upgraded; 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; WHEREAS, DEVELOPER is the owner of property identified and legally described on the herein attached EXHIBIT (hereinafter "Property"); and WHEREAS, DEVELOPER desires to establish a new use within the existing building on the Property and agrees to construct a parking lot facility on the aforementioned Property; and WHEREAS, DEVELOPER understands that CITY allows parking areas to be temporarily surfaced for a period not to exceed five ( 5) years with a minimum of four inches ( of three quarter inch minus crushed rock basalt rock gravel pursuant to Moscow City Code§ 4-6- and WHEREAS, DEVELOPER understands that CITY requires said temporarily surfaced parking areas to be paved pursuant to Moscow City Code § 4-6-5(A)(6)(a) within five years of the date of issuance of the Conditional Certificate of Occupancy for the Property; and WHEREAS, DEVELOPER understands and agrees that all other components of the parking lot, including but not limited to curbing, wheel stops, sidewalks, landscaping, landscape buffer areas, landscape islands, delineation of parking spaces, and handicapped parking signage shall be completed by DEVELOPER prior to the issuance of the Conditional Certificate of Occupancy for the Property; and WHEREAS, DEVELOPER understands and agrees that all of the aforementioned components of the parking lot, exclusive of the paving requirement, shall not be permitted to be deferred (for any amount of time); and WHEREAS, DEVELOPER submitted construction plans and a building permit application to complete said renovations and construct said parking lot; and WHEREAS, CITY has reviewed and approved said final construction plans attached as EXHIBIT for said parking lot and issued a construction permit to the DEVELOPER for said parking lot; NOW, THEREFORE, CITY and DEVELOPER hereby agree as follows: 1. CITY shall issue the DEVELOPER a Conditional Certificate of Occupancy, to expire five years from the date of issuance of said Conditional Certificate of Occupancy, for said parking lot prior to the completion of the required paving described above and included in DEVEWPMENT AGREEMENT- TRINITY REFORMED CHURCH/ CITY PAGE20F5 ---PAGE BREAK--- the attachment labeled as EXHIBIT provided that all said paving shall be completed by no later than five years from the date of issuance of the Conditional Certificate of Occupancy; 2. DEVELOPER shall be required to and agrees to complete all other components of the parking lot including, but not limited to curbing, wheel stops, sidewalks, landscaping, landscape buffer areas, landscape islands, delineation of parking spaces, and handicapped parking signage before said Conditional Certificate of Occupancy is issued; and 3. Should DEVELOPER fail to complete the required improvements on the Property by five years from the date of issuance of the Conditional Certificate of Occupancy, the DEVELOPER herein agrees to cease use of said Property until such time as all required paving is completed; and 4. Should DEVELOPER fail to complete the required improvements on the Property by five ( 5) years from the date of issuance of the Conditional Certificate of Occupancy, CITY shall withdraw any Certificate of Occupancy issued for such Property until the required improvements are installed; and 5. CITY, upon inspection and verification that all said required paving has been completed to CITY'S satisfaction, may issue a permanent Certificate of Occupancy prior to five years from the date of issuance of the Conditional Certificate of Occupancy. 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: DEVELOPER Trinity Reformed Church P 0 Box 9209 502 South Jefferson Street Moscow, Idaho 83843 7. FAILURE TO COMPLY: CITY City of Moscow P 0 Box 9203 206 East Third Street Moscow, Idaho 83843 DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. 8. 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. 9. 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- TRINITY REFORMED CHURCH/ CITY PAGE3 OF5 ---PAGE BREAK--- 10. MODIFICATION: 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. 11. 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. 12. UNDERSTANDING: 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, DEVELOPER, by and through its representative, and CITY, by and thrM h its :h_ayor and City Clerk, have caused this Agreement to be executed on the 5-f1i' day of fA!{ '2013. DEVELOPER: CITY: DEVELOPMENT AGREEMENT- TRINITY REFORMED CHURCH/ CITY PAGE4 OF 5 ---PAGE BREAK--- STATE OF IDAHO ) ) ss: County of Latah ) On this day of t1J..a. rcA. , 2013, before me, the undersignedº a Notary in and for said State, personally appeared Dr. Roy Atwood, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same as the duly authorized representative for Trinity Reformed Church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. d Q''PoM l NOTARY P u oLIC for Idaho • • : • • • T/H • My Commission expires: 7- 2017 M - . , F g f"O "Ill'\ % - . . - - . . - s \ PUBL\C .f § , . . $ n % Jv;; § N '.ttlr;; · · · G G,,1 - 0 F 'IIIIUU I DEVELOPMENT AGREEMENT- TRINITY REFORMED /CITY PAGES OF5 ---PAGE BREAK--- N ' ( ' f , _r 0 .N 2016 S MAIN EXHIBIT A Development Agreement for Parking Lot Improvements 2011 at 101 E Palouse River Dr. between the City of Moscow and Trinity Reformed Church Subject Property 0 1530 N 60FeetA