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404530 DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSIDP CHURCH IN THE CITY OF MOSCOW This Agreement is entered into this .tjd!. day of J , 1994, by and between Marvin Berdit Ministries, Inc., (referred to as D VELOPER) being owner and developer of premises included in this agreement and the City of Moscow, a Municipal Corporation of Idaho, (referred to as CITY); WITNESSETH: WHEREAS, DEVELOPER owns property within the City of Moscow described in Exhibit attached hereto and incorporated by reference to this Agreement; and, WHEREAS, the CITY desires to ensure that all public improvements are properly installed by DEVELOPER; NOW THEREFORE, DEVELOPER and the CITY hereby agree as follows: I. PROPERTY AFFECTED: This agreement affects property within the City of Moscow described in Exhibit attached hereto and incorporated by reference to this agreement. II. PUBLIC IMPROVEMENTS AND GRADING: The DEVELOPER agrees to install, at its expense, all curb, sidewalk, street improvements, etc., including, but not limited to: earthwork, base aggregate, subsurface drainage, geotextile, curbs, sidewalks, catch basins, ten inch PVC storm pipe, paving and ftre hydrants in accordance with approved plans for Believer's Fellowship Church, to City standards during and under the terms of this Agreement. All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements. III. TERM: This agreement shall remain in effect until all public improvements are constructed for Believer's Fellowship Church and said public improvements have been accepted by the CITY for maintenance. IV. CITY'S COVENANT: The CITY shall issue building permits for the Believer's Fellowship Church, (upon payment of permit fees, public utility inspection fees of 0. 75% of estimated construction costs and satisfaction of City code requirements) only after all public improvements have been constructed as required herein and said public improvements have been inspected and accepted by the City Engineer, or after adequate security as described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: The DEVELOPER agrees as follows: A. DEVELOPER shall install, at his expense, all curb, sidewalk and street improvements, including, but not limited to: earthwork, base DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSHIP CHURCH PAGEl 94-23 ---PAGE BREAK--- 404530 aggregate, subsurface drainage, geotextile, curbs, sidewalks, catch basins, ten inch PVC storm pipe, paving and fire hydrants, in accordance with approved plans for Believer's Fellowship Church, to City standards during and under the terms of this Agreement. B. If the DEVELOPER fails to complete all public improvements, within NINETY (90) calendar days of the issuance of the first building permit, the CITY may utilize the security specified in paragraphs VI and VII to complete the work on the public improvements. The DEVELOPER further agrees that if DEVELOPER fails to complete all public improvements, within NINETY (90) calendar days from the date of issuance of the building permit, the CITY shall cease to issue further building permits for the affected property until such improvements are completed. VI. SECURITY FOR IMPROVEMENTS: The CITY agrees that upon receipt of the security described in Paragraph VII it will issue building permits (upon payment of permit fees, public utility inspection fees of 0.75% of estimated construction costs and satisfaction of City code requirements) for the Believer's Fellowship Church. If the DEVELOPER fails to complete construction of all of the improvements, within ninety (90) calendar days of issuance of the building permit, the CITY may attach the security and cause the improvements to be made. Any engineering or construction costs in excess of the security shall be borne by the DEVELOPER. Any additional construction services shall be let by bid, and subject to the laws of the State ofldaho relative to the letting of such bids. VII. FORM OF SECURITY: The DEVELOPER agrees to provide security in the amount of THIRTY FOUR THOUSAND SEVEN HUNDRED NINETY DOLLARS ($34,790.00) for public improvements as identified and described in paragraph VI. above. The security shall be in the form of a construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other form of security acceptable by the CITY. Such security shall be provided to the CITY prior to the issuance of building permits by the CITY. The security must be effective for a minimum period of 210 days, or 180 days from the date of the issuance of the building permit, whichever is longer. If this security is in the form of an irrevocable letter of credit or bond, the secured improvements shall be constructed at least sixty (60) days prior to the expiration date of the security. If the public improvements identified and described in paragraph V. are not completed at that time, the 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 the DEVELOPER or the surety or fmancial institution, or the value or terms thereof shall be compromised in any way, the CITY shall immediately revoke any building permits issued pursuant to the terms contained herein, and further, the DEVELOPER shall hold the 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 are revoked pursuant to this section, such building permits DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSHIP CHURCH PAGE2 ---PAGE BREAK--- 404530 shall be re-issued upon receipt by the CITY of new or additional security as required herein. VIII. AS-BUILT DRAWINGS: The DEVELOPER agrees to furnish, prior to acceptance by the CITY of the public improvements as required herein, one set of accurate, complete, mylar as-built drawings for all of the improvements described herein. IX. F AlLURE TO COMPLY: If the DEVELOPER fails to comply with the terms of this agreement, the CITY, after ten ( 1 0) days written notice, may seek specific performance of the agreement and may attach the security to complete the improvements. The DEVELOPER agrees to pay all expenses incurred by the CITY in enforcing this agreement. X. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This agreement shall be binding upon the heirs, assignees of the parties, and purchasers of the property described herein. XI. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any structure on the described property for any purpose until the described public improvements are completed and accepted by the City. XII. 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 for the State of Idaho in and for the County of Latah. The prevailing party to the action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XIII. MODIFICATION: DEVELOPER and the CITY agree that the provisions of this agreement may be modified only upon written request of the DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the City Council. XIV. 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 the CITY, its successors and assigns. This development agreement shall be recorded with the Latah County Recorder. XV. 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: Marvin Berdit Ministries, Inc. P.O. Box 8825 Moscow, Idaho 83843 CITY: Mayor DEVELOPMENT AGREEMENT City of Moscow P.O. Box 9203 Moscow, Idaho 83843 BELIEVER'S CHURCH PAGE 3 ---PAGE BREAK--- 404530 IN WITNESS WHEREOF, the parties have executed this agreement to be effective the date first above written. DEVELOPER: CITY: Marvin Berdit Ministries, Inc. £ Pam Berdit, President p&u ATTEST: ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) On this fL__ day off/)od . 1994, before me, the undersigned, a Notary in and for said State, personallyVul C. Agidius, in his official capacity as the Mayor of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto .set my hand and affixed official seal the day and year hereinabove written. LL DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSHIP CHURCH NOTARY PUBLIC for I aho Residing at 7TJ kM".-a=u J • My Conunission expires: !fRff;J' PAGE4 ---PAGE BREAK--- ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) 404530 On this/Uday of / , 1994, before me, the undersigned, a Notary in and for said State, personally appeared Elaine Russell, in her official capacity as the Clerk of the City of Moscow, Idaho that executed the foregoing instrument on behalf of the City, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the .day and year hereinabove written. . . . . · / . : k- . . ti STATE OF IDAHO ) ACKNOWLEDGMENT ) ss County of Latah ) On this ;4 day of .J , 1994, before me, the undersigned, a Notary in and for said State, personally ppeared David in his official capacity as Vice President/Treasurer of Marvin Berdit Ministries, Inc., known to me to be the person whose name is subscribed to the within statement and acknowledged to me that he has the authority to execute such agreement on behalf of the corporation, and that he executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. ' I DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSHIP CHURCH /La'= NOAi YPUBL Residing at :2:7¬ , My Commission expires: W6'7 PAGES ---PAGE BREAK--- 404530 ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of Latah ) On this[$- day of ()1JA1} . 1994, before me, the undersigned, a Notary in and for said State, personall¹am Berdit, in her official capacity as President of Marvin Berdit Ministries, Inc., known to me to be the person whose name is subscribed to the within statement and acknowledged to me that she has the authority to execute such agreement on behalf of the corporation, and that she executed the foregoing agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. DEVELOPMENT AGREEMENT BELIEVER'S FELLOWSHIP CHURCH R' NOTARY UBLIC fOfdahO Residing at w My Commission expires: / PAGE6 ---PAGE BREAK--- 404530 EXHIBIT A II WARRANTY DEED EDGAR J. GRIESER, a single man, for and in consideration of ton dollars ($10.00) and other good and valuable consideration grants and conveys to Marvin Berdit Ministries, Inc., an Idaho Corporation, in fee simple the property described below, all of which is located in Latah County, Idaho: A oarcel of land situated in the NEiSWt of Township 39 North, Range 5, w.B.M. and particularly described as follows: Section 17, being more Beginning at the center of said Section 17, said point being a brass cap monument at the intersection of White Avenue and Lynn Street, thence S. 00" 081 1711 E. 335.41 feet along the centerline of the section to a point on the South right of way line of the Burlington Northern Railway and the TRUE POINT OF BEGINNING; thence S. 00" 081 1711 E. 461.73 feet; thence N. 89" 481 1711 W. 148.0ij f-eet; thence S. oo• 08' 17" E. 274.80 feet; thence N. 89" 481 17" w. 185.00 feet; thence N. oo· 06' 32" w. 865.54 feet to the South right of way line of the Burlington Northern Railway; the!'1ce 168.26 feet along a curve to the right, having a radius of 2814.79 feet and a central angle of 03" 251 30110 thence s. 67" 501 47" E. 189.27 feet to the TRUE POINT OF BEGINNING. Subject to Easements to Washington Water Power Company, as more fully set out in Book 89 of Deeds at page 351, Book 96 of Deeds at pages 34 7 and 4 09, a.nd in Book 5 of Leases and Agreements at page 266, Records of Latah County. Subject to a 16 foot right of way granted to Katherine Childers for ingress and egress along the East 16 feet of the property, as more fully set out in instrument recorded under Recorder's Fee No. 2497 7 9, records of Latah County, Idaho. together with any improvements located thereon and accountern1ents thereunto appertaining. Subject to all encumberances of record. The address of the grantee is: Marvin Berdit Ministries P.O. Box 8825 Dated this ¶ day of February, Moscow, ID 83843 1988. EDGil J. G IER Exhibit No. Page of Pages ---PAGE BREAK--- STATE OF IDAHO ) )sa County of Latah ) 404530 364200 On this ll° day of l-'ebruary, 1988, before :me, the undGr signed, a Notary Public in and for the state of Idl!ho, duly commissioned and sworn, personally appeared EDGAR J. GRIESER, a single person, personally known to me, and acknowledged that he executed th9 above instrument as his free and voluntary act for the purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hend and affixed my official seal on the day and year in this certv.fi'pete.,,!irst above written. - E. I. C . 0 · Q D / T: r S· , . · . CM.L.uA WJ.J.J/C/L . , · , \ \ otary Public, StawQ.,., of ·.Ixajlp : ' ; • • ' J • . My commission expirR I( · · · 064200 _AT THE REQUEST OF: LATAH COUNTY TITLE Cl> 01'. HOUR: « b 1K1-t-BJ( 10:y.L AM. ELLF.N .iO mSTON lAL?³´µc:utv·, Y ±ECOR¯ FEE $ c h L '----tvtf L4T.H COUNTY TITLf. Cu d- L " I A ll3ge _e1 _ 01 ª Page·s ---PAGE BREAK--- - I h ibit No. 2 40:30 Page of Pages _.u.;.u_Behy_uOs Eel i llillsfuo _ church._____ _ _ 110 i n n 1 • I I - - L __J,u,ESutJ.Li ill.uud©TP _ - _ _ _ _ _rtem I II I il , 1: 1. Ed rthwork I I. Geotext!le 1'1 :!is. curbs I, s1aewalk 7. catch uasln ll·la. I0-1DCh storm PlYe(pvcj 'I ' I ,I I I I I I ' I : TOTAl . ' Q1LPniLtQ& umt 400 cu. Yds. 750 Z. Yd. 250 LIO. FI. 4D LI[L Ft. I Ea. 180 LID. Ft. 17 J • un1i pnce roiaJ me 410.00 $ 4;000 I. 50 10.00 2,500 14.00 560 75[L00 ' 750 17.50 3,150 3,:o j4 790 I . 0lOJ]l_c. 'ill Qj l2111 6l. N._CitJ.l - _ - . · mlli. ---PAGE BREAK--- DEED OF DEDICATION MARVIN BERDIT MINISTRIES, INC., an Idaho corporation, GRANTOR, whose address is P.O. Box 8825, Moscow, Idaho 83843, for one dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey and dedicate unto the CITY OF MOSCOW, IDAHO, an Idaho municipal corporation, GRANTEE, 122 East Fourth Street, Moscow, Idaho 83843, for public street and related uses, the following-described real property, situated in the County of Latah, State of Idaho, to-wit: 404530 A tract of land located in the northeast quarter of the southwest quarter of Section 17, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particular described as follows: Commencing at the Center 1/4 Corner of Section 17, Township 39 North, Range 5 West, B.M. (a brass cap monument); thence S 0°51'47" W along the East Line of the NE 114, SW 114 of Section 17 for 335.23 feet to the intersection with the Southerly Right-of-Way Line of the Burlington Northern Railroad; thence continue S 0°51'47" W for 69.69 feet to the True Point of Beginning; thence S 0°51'47" W for 60.00 feet to the South Right of Way of Travois Way; thence N 81 °59'47" W for 60.06 feet to the Beginning of a Curve having a Radius of 45.00 feet, a Central Angle of 220°06'03" and a Long Chord of 84.55 feet that bears N 28°03'15" E for an Arc Length of 172.87'; thence S 41 °53'44" E for 30.87 feet to the Point of Beginning, containing 7,555 Square Feet more or less. DATED this d ri- day of XJ , 1994. Pam Berdit David DEED OF DEDICATION - Page 1 c· ---PAGE BREAK--- h . STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) 404530 On this t day of , 1994, before me a Notary Public in and for the State ofldaho, personally appeared Pam Berdit, knO\vn or identified to me to be the President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on , · i · Âhe day and year in this certificate first above written. . . . . . , B . • ' / Notary Public in and for the S residing at Moscow, Idaho My commission expires: _3 h__L.0J STATE OF IDAHO ) ) ss. COUNTY OF LATCH ) On this day of , 1994, before me a Notary Public in and for the State of Idaho, personally appeared David Nordquist, known or identified to me to be the Vice President of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. DEED OF DEDICATION - Page 2 Notary Public in and for the Statg of Idaho, res«ding at Moscow, Idaho