Full Text
P.O. Box 9203 Moscow, Idaho LETTER AGREEMENT May 2. 1995 A. J. Marineau lvfarineau Deveiopme:tt C';n1pany 106 E. Third Street, Suite One Mosc,•w.. ldaho 83x43 Re: Development of Lot 4, Orchardvicw Acres Third Addition Dear Mr. Marineau: Phone 208·882-5553 You have recently presented the final plat of Orchard view Acres Third Addition to the Moscow City CounciL That plat was approved on Aprill7, 1995. At the meeting on that date, the Moscow City Council approved the Mayor's execution of a standard development agreement with you to secure necessary public improvements as defined by that development agreement, which is attached as appendix to this letter agreement. Today, May 1, 1995, you have requested that the Council approve the issuanėe of building permit tor Lot 4 of Orchard view Acres Third Addition, prior to the requirement of makmg the public improvements or providing security therefore. Your proposal is as follows: 1. Y otƀ son:·;truct Tr::d Read i1! conformance wif1 ihc 3p.-::;.:ificat1onNj vf app;;;ndi.x prior to August l. 1995, or if construction is not complete on that date, you wiil provide secunty based upon the Moscow City Engineer's estimate of the remaining costs to complete construction of Trail Road; and 2. You will, on or before August l, 1995, provide security as required and allowed by appendix"!" for the improvements to Road. Such security shall be in the fonn as defined by pr.ragrap!J Vlll.B. of appendix"!"; and 3. You, and/or your in Interest will be issued a building permit for construction of improvements ro Lot 1 of Orchardvicw Acres Third Addition whi,:h arc properly aHowcd by t!:c laws and urdinanĘcs of the City of Moscow; and 95-39 ---PAGE BREAK--- A. J. Marineau Page 2 May 2, 1995 4. You, and/or your successor(s) in interest shall not occupy, nor be issued any occupancy permit for any improvement or structure constructed on Lot 4, Orchardview Acres Third Addition until Trail Road is constructed or security is provided in conformance with appendix and until the security required by paragraph Vlll.B. of appendix has been provided to the City; and 5. You and your successor( s) in interest shall hold the City harmless from, and shall indemnifY the City for claims for damages of any nature whatsoever claimed by you, your successor in interest or anyone else resulting from the prohibition of occupation of the impr{wcrnenis or structurt ;O be (;OtiSſ! :!df;d on 4 Of Orchardvicw Acres Third Additim• and/or the City's non-issuance of an occupation pem1it for such improvements or structures; and 6. You shall be required to execute appendix prior to issuance of the building permit for Lot 4 of Orchard view Acres Third Addition: and 7. You and/or your successor(s) in interest shall not be ailowed to obtain further building permits for Orchardview Acres Third Addition until all rcqutsites of appendix shall he complied with; and 8. You and/or your successor(s) in interest agree thai the City is under no obligation to issue such building permit for Orchardview Acres Third Addition until the requisites of appendix have heen complied with. and further that the City is issuing such permit solely at your request and tbe request of your successor(s) in interest. 9. You agree that this letter agreement sba11 be recorded with the Latah County recorder; and 10. You agree rhat no promises or other than as provided herem, nave been made to you to induce to enter into this agreement, and that you are doiPg so of your free will at your own risk. The City shall agree to the above for the reason that the configuration of Orchardview Acres Third Addition as platted shows that Lot 4 docs not access Trail Road or Arborcrest Road, the streets which arc required to be improved, but rather has its sole access from Orchard Street, a street which is not required to be improved in conjunction with this development. If you agree to the conditions imposed by this letter agreement and agree to the issuance of the building permit tor Lot 4 of Orchard view Acres Third Addition subject to the a hove ---PAGE BREAK--- A. J. Marineau Page 3 May 2, 1995 conditions, particularly the condition that occupancy of the improvements or structures shall be prohibited unless such conditions arc met, please sign below. I am also requiring that Jim Pilcher, as your identified successor in interest of Lot 4 also sign. and agree to be bound by the terms hereof. Please contact me if you have any questions. Sincerely, Paul C. Agidius Mayor I agree to the conditions of the iosuance of the building pcm1i1 for Lot 4 of Orchard view Acres Addition as outiin.:d in !his letter/agreement. I fully understand and agree that occupancy of the improvements or structure construckd on Lot 4 shall not be allowed until the conditions arc complied with. ! agree further. that this letter will serve as mernoriahzation of cur agrceroeni. -e-f- - A. J. Marineau James Pilcher ---PAGE BREAK--- ' STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENT On thill:5'cl_ day of_ A1s c1--• ! 995, before me. the undersigned, a Notary in and for said State, personally appeah:d A. J. Manneau, knovm to me to be the person na.'11ed above, and acknowledged that he executed the foregoing agreemcm. STATE OF IDAHO ) ss County of Latah ) Notary Public in and for the State of Idaho My Commission Expires: ACKNO\VLEDGMENT On this day of 1995, before me, fhe undersigned, a Notary in and for said State, perwnally appeared James Pilcher, known to me to be the person named above, and acknowledged that he executed the foregoing agŒcement. žharnn c:\agreemm\marineau Notary Public in and for the State of Idaho My Commissiot1 Expir('s: ---PAGE BREAK--- APPENDIX DEVELOPMENT AGREEMENT ORCHARD VIEW ACRES TIDRD ADDITION TO THE CITY OF MOSCOW, IDAHO Th. A · d . h. Is t d May IS greement IS entere mto t IS ay 1995, by and between A. J. Marineau, (referred to as Developer) being owner and Developer of real property as described herein and the City of Moscow, a Municipal Corporation ofldaho, (referred to as City); WITNESSETH: WHEREAS. Developer desires to develop property located within the City of Moscow, Idaho, hereinafter described as Orchardview Acres Third Addition to the City of Moscow; 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 located within the City of Moscow, Idaho, known as Orchardview Acres Third Addition to the City of Moscow. being more particularly described in Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: A. The Developer agrees to construct, at its sole expense. to City standards, the following public improvements: I. Complete construction of Trail Road between Orchard Avenue and Arborcrest Road, to City standards, as shown on the approved engineering plans for Orchardview Acres Third Addition. 2. One-hillf (1/2) of the construction costs necessary to improve the existing Arborcrest Road. adjacent to Orchardview Acres Third Addition, to the City's "Large Lot Subdivision Street Siandard." All plans and drawings shall be approved by the City Engineer prior to the beginning of any construction of improvements. B. Parkland Dedication: In accordance with Moscow City Code 5- l-SF., the Developer agrees to pay THREE THOUSAND NINE HUNDRED FORTY DOLLARS ,940.00) to the City in satisfaction of the City's requirement of dedication of parkland. 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 the City for maintenance. and until the Developer pays the sums required by Section II. B. of this Agreement. IV. CITY'S COVENANT: The City shall issue building permits for Developer's development, (upon payment of permit fees, public utility inspection fees of 0.75% of estimated construction costs and satisfaction of City code requirements) only after construction and installation of the public improvements and DEVELOPMENT AGREEMENT ORCHARD VIEW THIRD ADDITION PAGE 1 ---PAGE BREAK--- acceptance of such by the City for maintenance, and the Developer has paid the sums required by Section II.B. of this Agreement, or after adequate security as described in paragraphs VI and VII has been provided to ensure proper construction of the required public improvements, and the Developer has paid the sums required by Section II.B. of this Agreement. V. DEVELOPER'S COVENANT: The Developer agrees to construct, at its sole expense, to City standards and in accordance with approved engineering plans for Orchardview Acres Third Addition, all public improvements described in section II. of this Agreement and to pay any sums for public improvements as required in section II. of this Agreement. A. If the Developer fails to complete installation of the public improvements described in section II.A.l. to City standards, within ONE HUNDRED FIFTY (150) calendar days of the issuance of the first building permit, the City may utilize the security specified in paragraphs VI and VII to complete such public improvements. The Developer further agrees that if Developer fails to complete installation of such public improvements, to City standards within such time period, the City shall revoke occupancy of the development, revoke any applicable permit issued to Developer by the City and shall cease to issue further building permits for the affected property until such improvements are completed. B. The Developer agrees that he shall be responsible for the costs of public improvements as described in section ILA.2. Developer further agrees that such construction may not occur for a substantial period of time. and therefore he shall provide security for such improvements, as provided herein. 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 Developer's development. If the Developer fails to complete installation of the public improvements as required by section ll.A.2., 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 of Idaho relative to the letting of such bids. VII. FORM OF SECURITY: A. The Developer agrees to provide security in the amount of THIRTY FIVE THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS ($35,475.00) for public improvements required by section !I.A. I. of this Agreement. The security shall be in the form of cash, construction bond, certified check. cashier's check or irrevocable letter of credit from a certified and insured bank or financial institution acceptable to 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 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 paragraph I!.A.l. nor 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. As improvement.º are completed and accepted by the DEVELOPMENT AGREEMENT ORCHARDVIEW THIRD ADDITION PAGE 2 ---PAGE BREAK--- City for maintenance, the amount of security shall be reduced to reflect such completions, provided that such amount shall not be reduced to an amount less than the adjusted estimate of costs of the remaining improvements to be constructed. B. The Developer agrees to provide security in the amount of THIRTY THOUSAND DOLLARS ($30,000.00) in the form of cash, construction bond, cenified check, cashier's check or irrevocable Jetter of credit from a cenified and insured bank or financial institution acceptable to the City. Such deposit or security shall be provided to the City to secure payment of the public improvement' described in section ll.A.2. Such security shall be required prior to the issuance of the first building permit. The security shall remain in the possession of the City until such time as the public improvement' are constructed. If a construction bond or irrevocable letter of credit is utilized, it shall be valid for a minimum period of TWO HUNDRED FORTY (240) months from the date of issuance of the Erst building permit. C. The Developer agrees to make the payment of THREE THOUSAND NINE HUNDRED FORTY DOLLARS ($3,940.00) pursuant to section II. B. of this Agreement prior to issuance of the first building permit. Such deposit is a fee in lieu of dedication of parkland as required by Moscow City Code 5-l-5F. If for any reason the security for such improvements shall be withdrawn by the Developer or the surety or financial 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 shall be re-issued upon receipt by the City of new or additional security as required herein. VIII. AS-BUlL T 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, unless such requirement is waived by the City Engineer. IX. FAILURE 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 agree 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 described under Section Il.A.l . are completed. DEVELOPMENT AGREEMENT ORCHARD VIEW THIRD ADDITION PAGE3 ---PAGE BREAK--- XII. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Agreement be litigated in the future, venue for snch litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. 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 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: City: A. J. Marineau I 06 E. Third Street Suite One Moscow, Idaho 83843 Mayor City of Moscow P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. Developer: DEVELOPMENT AGREEMENT ORCHARD VIEW THIRD ADDITION City: Paul C. Agidius, M,.Yor ---PAGE BREAK--- STATE OF IDAHO ) ) ss County of Latah ) ACKNOWLEDGMENTS On thid.aday of 7 1995, before me, the undersigned, a Notary in and for said State, personally appeared Paul 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 my official seal the day and year hereinabove written. STATEOfZIDAHO ,e County of Latah ) ) ss ) On this3 day of 7 1995, before me, the undersigned, a Notary in and for said State, personally appeared Elaine RJ,sell, 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. STATE OF IDAHO ) ) ss County of Latah ) On this day of /vi ez , 1 , 1995, before me, the undersigned, a Notary in and for said State, personally appeared A. J. Mlll/ineau, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. DEVELOPMENT AGREEMENT ORCHARD VIEW THIRD ADDITION PAGES ---PAGE BREAK--- , _ C 1/Ƌ fNO. Sƈ ǂ:ǃ::·DŽ ƿbbǀ I wE g L&l SW Comer 4; Q. r ,1/.16 _ ƹ: LjljNJ61JfJJ / Q r- 1>.0.8. - Slr<1 - I N - !SS6JSC.401 - - 244-2.35' vY-" E - HOŷ.U-· - N O'.t0'57" E - - : { f!ZJ - - - - - - - - - Orchard Avenue N 0'36'H" £ :f -Ź·"W"ź 156.75' Jol 861.95' Ʒ t-t :f.:J 50:' ] tƃ IN i " 25 BS" I @ Oi ƴ j N 0"3& .t4 t ;R T ·Ƹ o• r-.JƼ 60" -o Ū i j ci U- 1.05 Acres j 0 I ' g I ū • Ij 71" I ' Ƃ CD Ť , fr>\, 2 °68 oo· - lm \9 w0 • · Ũ :Ů • s 0'39'40* w :J i 1.34 Acres ůŰ 2.34 Acres ũ I l ; Iű ƻI I m I b:(NI < I 1- f z I .o I ť - [--Ill.ŵ' ' I R! i 20' Utility$ 1 OS Acres . Easement 1 · : ) . & T I I I IO.S 1.05 Acres R 268.00' 0 s 0"37".0" w %L4 N- 0 I ǁmry-101a* Ŭ wƺ ® ƶ !Ž 1 ti' 05 Acres R I I 0 rs ^ ž h ' 172.59' l 300.2S' I l 26Z' t • sao 1 1 $ 2!000' - h S 0'37 ZB w 60" - E•f·.-1<"Ə ·Ɛs hƉg I'T'ore dueribed Oli follows: I, L Dou,.,dort of O•h.odview A"es Addilic"; 10.00 ful ol')t'l;l tr.a wasl bo<.f shown thuaon. Wlt!'less my hond ond uol lr'lis doy of , 1995. (L/t( ].!SIS Of' BU.R•_tt;; Norjh SowNl'aO$at'11 Run Addi!iof' ţ • • m3 _ F'ow,d l.jonáou-nenl f Set 5/8[ die. \ 30Û !o!'lg rebor wjyeE. d plastic cop $h::mpect ÛHod<,;< 3003