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506254 DEVELOPMENT AGREEMENT BETWEEN TOO AND SHARON GOSSELIN AND THE CITY OF MOSCOW, IDAHO THIS AGREEMENT is entered into thiday of I ' 2006 by and between Tod and Sharon Gosselin, husband and wife, es1d1ng at 2925 Joseph Street, Moscow, Idaho 83843 (hereinafter referred to as 'DEVELOPERS'), being Developers of real property as described herein, and the City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter referred to as 'CITY'); WITNESSETH: WHEREAS, DEVELOPERS desire to develop property located at 2875 Joseph Street in the City of Moscow, Latah County, Idaho, more particularly described as follows: Part of Lot 19 of the Plat of Section 16, being a parcel of land in the northwest one quarter (NW1/4) of Section 16, Township 39 North, Range 5 West, Boise Meridian, County of Latah, State of Idaho more particularly described as follows: Commencing at the east one-quarter corner of Section 16 marked by a brass capped monument; thence North 60"24'08" West, a distance of 2,264. 78 feet to a rebar; thence South 89.47'47" East, a distance of 301.07 teet to a rebar being the TRUE POINT OF BEGINNING; thence North 00.15'37" East, a distance of 170.00 feet to a rebar on the northerly line of said Lot 19; thence South 89"47'47" East, along the north line of said Lot 19, a distance of 88.00 feet to a rebar; thence South 14°15'16" East, a distance of 175.56 feet to a rebar; thence North 89" 47'47" West, a distance of 132.00 feet to the TRUE POINT OF BEGINNING. WHEREAS, DEVELOPERS understand 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, DEVELOPERS 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 qualtty 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 widening, curb, sidewalk and storm sewer piping are constructed; and WHEREAS, DEVELOPERS understand that a waiver of public improvements is available pursuant to the Moscow City Code, but DEVELOPERS specifically do not wish to request such a waiver and wishes to enter into this Agreement; and WHEREAS, DEVELOPERS enter into this Development Agreement of DEVELOPERS' own free will and accord, without coercion and without inducement and at DEVELOPERS' request; and WHEREAS, DEVELOPERS have read this Agreement, have understood it, and have had the opportunity to avail themselves of legal and other counsel prior to entering into this Agreement and prior to signing it; GOSSELIN DEVELOPMENT AGREEMENT PAGE 1 OF 6 2006-13 ---PAGE BREAK--- NOW, THEREFORE, DEVELOPERS and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located at 2875 Joseph Street within the City of Moscow, Latah County, Idaho, more particularly described as follows: Part of Lot 19 of the Plat of Section 16, being a parcel of land in the northwest one quarter (NW1/4) of Section 16, Township 39 North, Range 5 West, Boise Meridian, County of Latah, State of Idaho more particularly described as follows: Commencing at the east one-quarter corner of Section 16 marked by a brass capped monument; thence North so· 24'08" West, a distance of 2,264.78 feet to a rebar; thence South 89° 47'47" East, a distance of 301.07 feet to a rebar being the TRUE POINT OF BEGINNING; thence North oo• 15'37" East, a distance of 170.00 feet to a rebar on the northerly line of said Lot 19; thence South sg• 47'47" East, along the north line of said Lot 19, a distance of 110.00 feet to a rebar; thence South oo• 15'37" West, a distance of 110.00 feet to a rebar; thence North as· 47'47" West, a distance of 110.00 feet to the TRUE POINT OF BEGINNING. II. PUBLIC IMPROVEMENTS: DEVELOPERS agree to install, at DEVELOPERS' expense, public improvements required by Moscow City Code Sections 5-1-4 and 5-1-5 consisting of pavement widening, curb, sidewalk and storm sewer piping; all in accordance with CITY standards and approved engineering plans. Ill. 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 DEVELOPERS' property described above (upon payment of permit fees, public utility inspection fees of one and one-quarter percent (1.25%) 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 been provided to ensure proper construction of the required public improvements. V. DEVELOPERS' COVENANT: A. DEVELOPERS agree to construct, at DEVELOPERS' expense, pavement widening, curb, sidewalk and storm sewer piping all in accordance with CITY approved engineering design plans, to CITY standards, during and under the terms of this Agreement. GOSSELIN DEVELOPMENT AGREEMENT PAGE 2 OF 6 ---PAGE BREAK--- B. DEVELOPERS agree to furnish to CITY, at DEVELOPERS' 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. C. DEVELOPERS agree that DEVELOPERS shall construct sidewalk and storm sewer within nine months from the date of the issuance of the first building permit; and D. If DEVELOPERS fail 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 DEVELOPERS by CITY. VI. SECURITY FOR IMPROVEMENTS: In lieu of DEVELOPERS' 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-H 0 it will issue building permits (upon payment of permit fees, public utility inspection fees of one and one quarter percent (1.25%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPERS' development. If DEVELOPERS fail 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 DEVELOPERS' failure to comply with this Agreement. Any engineering or construction costs in excess of the security shall be borne by DEVELOPERS. Any additional construction services shall be performed subject to the laws of the State of Idaho relative to public works contracting and bidding. VII. FORM OF SECURITY: DEVELOPERS agree 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 financial 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. GOSSELIN DEVELOPMENT AGREEMENT PAGE 3 OF 6 506254 ---PAGE BREAK--- If lor any reason the security for such improvements shall be withdrawn by DEVELOPERS 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, DEVELOPERS 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. CONSTRUCTION DRAWINGS: DEVELOPERS agree to furnish, prior to acceptance by CITY of the public improvements as required herein, one set of accurate, complete, mylar final construction drawings lor the public improvements described herein, unless such requirement is waived by the City Engineer. IX. FAILURE TO COMPLY: DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement. X. 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. XI. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Agreement be litigated in the future, venue lor such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and lor the County of Latah. XII. MODIFICATION: DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon request of DEVELOPERS 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. XIII. 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. GOSSELIN DEVELOPMENT AGREEMENT PAGE 40F6 ---PAGE BREAK--- XIV. NOTICES: 506254 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: DEVELOPERS: Tod and Sharon Gosselin 2925 Joseph Street Moscow, ID 83843 Phone: (208) 882-8489 CITY: Nancy Chaney, Mayor City of Moscow P.O. Box 9203 Moscow, ID 83843 Phone: (208) 883-7000 FAX: (208) 883-7018 XV. UNDERSTANDING: DEVELOPERS 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 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first written. DEVELOPERS: CITY: ' GOSSELIN DEVELOPMENT AGREEMENT PAGESOF 6 ---PAGE BREAK--- . :a I STATE 0F a)1 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and ) ) ss County of ) Residing at fJ6) /a Jcfl My Commission Expires: - :21/- U/ . On this day of , 2006, before me, the undersigned, a Notary in and for said State, personally appared Sharon Gosselin, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed myz;; . ffici I seal the day and year herein above written. oP./ l 7,7 I . . 1"TARYPUBUC for kQ [ / I)T R Residing at Ml/rtie A i PUB L \ C } My Commission Expires: f Z / J 3 . . 4 5 5 6 • • 2 , It: OF GOSSELIN DEVELOPMENT AGREEMENT