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500349 DEVELOPMENT AGREEMENT FOR ROLLING HILLS 7rn ADDmON BETWEEN RAFIK AND MARYSUE IT ANI AND THE CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into this rl_ day of Oc-..fo , 2005, by and between RAFIK AND MARYSUE IT ANI, husband and wife, at 1515 SW Wadleigh Drive, Pullman, Washington, 99163 (hereinafter referred to as "DEVELOPER"), being Developer of real property as described herein, and the City of Moscow, Idaho, a Municipal Corporation of the State of!daho, 206 East Street, Moscow, Idaho, 83843 (hereinafter referred to as "CITY''); WITNESSE1H: WHEREAS, DEVELOPER desires to develop property to be known as the Rolling Hills Addition in the City of Moscow, Latah County, Idaho. 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, DEVELOPER and CITY believe that without the public 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 WHEREAS, CITY desires to ensure that public improvements consisting of pavement construction, curb, sidewalk, storm sewer systems, water mains and sanitary sewer mains are constructed; 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 this Agreement; 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 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; ROLLING HILLS ADDITION DEVELOPMENT AGREEMENT PAGEIOF7 ?OO'i-SS ---PAGE BREAK--- NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: 500349 This Agreement affects property to be known as the Rolling Hills 7th Addition within the City of Moscow, Latah County, Idaho, more particularly described as follows: A parcel of land located in the SY, of Section 9 and the NWY. NEV. of Section 1 6, T39N, R5W, BM and being more particularly described as follows: Beginning at the southwest corner of Section 9, T39N, R5W BM; thence S 89"38' 15" E, 2638.98 feet along the south line of said Section 9 to the south Y. corner of section 9; thence N 00"20'0 I" E, 3 70.00 feet to the TRUE POINT OF BEGlNNING. Thence S 45"25'00" W, 21 5.00 feet; Thence N 50°32'40" W, 1 30.24 feet; Thence S 39°07'34" W, 87.00 feet; Thence N 46"37'13" W, 80.69 feet; Thence North, 96.69 feet; Thence N 81 °50'22" W, 1 22.87 feet to a point on the easterly right-of-way of 6th Street; Thence N 70°55'29" W, 50.00 feet to a point on the westerly right-of-way of 6th Street; Thence, along said right-of-way, 73.29 feet along a curve to the left, said curve having Delta = 1 8°39'50", Radius= 225.00 feet, Chord= 72.97 feet, and Chord Bearing= N 09°44'36" E; Thence, continuing along said right-of-way, 23.56 feet along a curve to the left, said curve having Delta= 90°00'00", Radius= 1 5.00 feet, Chord= 21.2 1 feet, and Chord Bearing= N 44°35'37"W; Thence N 00"24 '44" E, 50.00 feet, across Itani Drive, to a point on the northerly right-of-way of Itani Drive; Thence, along said right-of-way, 23.56 feet on a curve to the left, said curve having Delta = 90°00'00", Radius = 15.00 feet, Chord = 21.2 1 feet, and Chord Bearing = N 45"24'44"E to a point on the westerly right-of-way of 6th Street; Thence continuing along said right-of-way, N 00"24'44" E, 24.87; Thence, continuing along said right-of-way, 45.33 feet on a curve to the right, said curve having Delta= 9"26'41 Radius= 275.00 feet, Chord= 45.28 feet, and Chord Bearing= N 05°08'05" E; Thence, leaving said westerly right-of-way, S 89°35' 1 6" E, 1 60.49 feet; Thence N 48°13'06" E, 67.00 feet; Thence S 89"35' 1 6" E, 471 .00 feet; Thence S 60°02'08" E, 1 24.00 feet to a point on the westerly right-of-way of Ryan Lane; Thence S 33"28'14" E, 55.90 feet to a point on the easterly right-of-way of Ryan Lane; Thence, leaving said right-of-way, S 60°02'08" E, II 0.00 feet; Thence N 29"57' 52" E, 1 70.00 feet; Thence N 19°1 4'00" E, 222.00 feet; Thence N 44°53'49" E, 525.87 feet; Thence S 89"30'22" E, 401 .82 feet; Thence S 00"27' 1 6" W, 1 67.67 feet; Thence West, 58. 1 9 feet; Thence S 44°55'57" W, 680.33 feet; Thence S 29"57'52" W, 230.79 feet; Thence S 44°36'30" E, 260.25 feet; ROLLING HILLS 7 rn ADDITION DEVELOPMENT AGREEMENT PAGE 20F 7 ---PAGE BREAK--- Thence S 33°53 '24" E, 1 1 7.08 feet; Thence S 04°33'33" W, 202.1 2 feet; Thence N 89°21 '3 3" W, 24 7.44 feet; Thence N 66°07'03" W, 95.08 feet; Thence N 00°4! '21 " E, 81 .50 feet; Thence S 79°41 '21 " W, 1 95.55 feet to a point in the centerline of Panorama Drive; Thence N 89°05'47" W, 30.58 feet to a point on the westerly right-of-way of said Panorama Drive; Thence, leaving said westerly right-of-way, S 74°04'32" W, 7.59 feet to a point on the south line of Section 9; Thence, along said south line of Section 9, N 89"36'07" W, 1 02.26 feet; Thence, leaving said south line of Section 9, N 00"20'01 " E, 300.00 feet; Thence N 73"20'48" W, 250.08 feet to the TRUE POINT OF II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER's expense, public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 consisting of pavement construction, curb, sidewalk, storm sewer systems, water mains and sanitary sewer mains; all in accordance with City Standards and approved engineering plans. 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 property described above (upon payment of permit fees, public utility inspection fees of one percent (1 .00%) of the City Engineer's estimated construction costs and satisfaction of Moscow 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 Sections 5-1 - 1 0 and as described in sections VI and VII herein has heen provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: A. DEVELOPER agrees to construct, at DEVELOPER's expense, pavement construction, curb, sidewalk, storm sewer systems, water mains and sanitary sewer mains all in accordance with CITY approved engineering design plans, to CITY standards, during and under the terms of this Agreement; and B. DEVELOPER agrees to furnish to CITY, at DEVELOPER's expense, engineering design plans (for the required public improvements) prepared by an Idaho Licensed Professional Engineer. Such plans shall be approved by the Moscow City Engineer prior to beginning any construction; and ROLLING HILLS 7TH ADDITION DEVELOPMENT AGREEMENT PAGE 3 OF 7 ---PAGE BREAK--- 500349 C. DEVELOPER agrees that DEVELOPER shall construct pavement construction, curb, sidewalk, storm sewer systems, water mains and sanitary sewer mains within nine months from the date of the issuance of the first building permit; and D. If DEVELOPER fails to complete installation of the required public improvements within nine months from the date of the issuance of the first building permit, to City standards and as per the approved plans, CITY shall revoke occupancy of the entire development and shall revoke any applicable permit issued to DEVELOPER by CITY. VI. SECURITY FOR IMPROVEMENTS: 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 - l 0 it will issue building permits (upon payment of permit fees, public utility inspection fees of one percent (1 .00%) 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 within nine months from the date of the issuance of the first building permit 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 expense 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 performed subject to the laws of the State of ldaho relative to public works contracting and bidding. VH. FORM OF SECURITY: DEVELOPER agrees to provide security for the public improvements in the amount to be determined by the City Engineer. This security shall be in the form of cash, construction bond, irrevocable letter of credit from a certified bank or fmancial institution, or such other form of security acceptable to 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 year 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 within nine months from the issuance of the first building permit, 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 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 he 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. ROLLING HILLS ADDITION DEVELOPMENT AGREEMENT PAGE40F7 ---PAGE BREAK--- 50il349 VIII. PARKLAND DEDICATION: DEVELOPER has previously satisfied the Moscow City Code requirement for parkland dedication related to this development. IX. STREET TREES: DEVELOPER agrees to voluntarily contribute to the CITY Fourteen Thousand Five Hundred Dollars ($14,500) to be placed in a street tree fund to be distributed to lot owners in the Rolling Hills Addition for the purchase of street trees in the Rolling Hills Addition. The amount assessed for each lot shall be provided to each such lot owner for the purchase of street trees for said lot in accordance with current City of Moscow Standard Construction Specifications and Drawings (Resolutions Nos. 97-04 and 00-02). Payment shall be received by CITY prior to issuance of building permits. X. CONSTRUCTION ORA WINGS: 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. XI. F AlLURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. XII. BINDING ON HEIRS, ASSIGNS AND PURCHASER: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. XIII. 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 the CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. XIV. 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. XV. MODIFICATION: DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon request of DEVELOPER 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. ROLLING HILLS 7TH ADDITION DEVELOPMENT AGREEMENT PAGE50F7 ---PAGE BREAK--- XVI. COVENANTS TO RUN WITH LAND: 560349 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 shaH be recorded with the Latah County Recorder. XVII. 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 addressed: DEVELOPER: Rafik and Marysue ltani 1515 SW Wadleigh Drive Pullman, WA 99163 Phone:(509)332-2360 CITY: Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 Moscow, ID 83843 Phone: (208) 883-7000 FAX: (208) 883-7018 XVIII. UNDERSTANDING: DEVELOPER has read and understood this Agreement and the contents thereof and has had the opportunity to avail itself 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: Rafik Itllni 'i\rsueii ROLLING HILLS ADDITION DEVELOPMENT AGREEMENT PAGE60F7 ---PAGE BREAK--- STATE OF M4 ho County of L ) ) s.s. ) 500349 On this day of Oc/ob..J?I , 2005, before me, the undersigned, a Notary in and for said State, personally appeared Rafik ltani known to me to be whose name is subscribed to the foregoing and acknowledged to me he executed tbe same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tbe day and year herein above written. STATE OF :IJ.tLJ-o ) NOTARY PUBLIC for Lal.eJ..; Residing at A_ My Commission Expires: II f ) S.S. County of ; ) On this day of 0< 2005, before me, the undersigned, a Notary in and for said State, personally appeared Marysue Itani known to me to be whose name is subscribed to tbe foregoing and acknowledged to me she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tbe day and year herein above written. Residing at PIYf ( My Commission Expires: _ _ ROLLING HILLS 7 ru ADDITION DEVELOPMENT AGREEMENT ---PAGE BREAK--- STORMW A TER RUNOFF AGREEMENT ROLLING HILLS SEVENTH ADDffiON RAFIK AND MARY SUE IT ANI I CITY OF MOSCOW We, Rafik and Mary Sue Itani, agree to indemnify and hold harmless the City of Moscow, Idaho, its officers and employees, from all suites, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of stormwater runoff discharging from the northerly termination of Ryan Lane of the Rolling Hills Seventh subdivision onto Itani property adjoining the subdivision. We further agree that should any stormwater runoff from north termination Ryan Lane of the Rolling Hills Seventh subdivision development cause any erosion and sediment problems (violations of Moscow City Code) to any property of the Itani property that we will be responsible for all costs necessary to mitigate such problems; all as required and directed by the City Engineer. This agreement shall forever run with the land. Rafik Itani . Mary Sue Itani