Full Text
DEVELOPMENT AGREEMENT FOR 921 NORTH MOUNTAIN VIEW ROAD BETWEEN CITY OF MOSCOW, IDAHO AND KENT AND ANDREA NIEHENKE 559935 AT THE REQUEST OF: C!fif.~ L!!eftw SUSAN PETERSEN ' FEE ~T,OUN~ THIS DEVELOPMENT AGREEMENT FOR 921 NORTH MOUNTAIN VIEW ROAD BETWEEN CITY OF MOSCOV{,)DAHO AND KENT AND ANDREA NIEHENKE (hereinafter "Agreement") is entered into this ~ day of , 2013, by and between City of Moscow, Idaho, a Municipal Corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Kent and Andrea Niehenke, jointly and severally (collectively referred to herein as "DEVELOPERS"), 293 Gambels Lane, Moscow, Idaho, 83843, being developers of real property as described herein. WITNESSETH : WHEREAS, DEVELOPERS desire to develop property located within the City of Moscow, Idaho, commonly known as 921 North Mountain View Road, and as shown in Exhibit attached hereto as a single family dwelling lot, being more particularly described as follows: A parcel of land located in the NEl/4 NEl/4 of Section 8, Township 39 North, Range 5 West, B.M., described as follows: COMMENCING at the Northeast comer of Section 8, Township 39 North, Range 5 West, B.M.; Thence South 539 feet, which is the POINT OF BEGINNING; thence North 166.5 feet; thence West 165 feet; thence South 166.5 feet; thence East 165 feet to the POINT OF BEGINNING. SUBJECT TO (the East 30 feet) a right-of-way used for County road purposes being known as Mountain View Road. 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 wish to enter into the Agreement herein; and WHEREAS, DEVELOPERS enter into this Development Agreement of their own free will and accord, without coercion and without inducement and at DEVELOPERS' request; and WHEREAS, DEVELOPERS understand that improvements required herein are standards required pursuant to Moscow City Code Title 5, Chapter I, and are authorized by Idaho Code Section 67-6513 and Section 67-6518; and WHEREAS, DEVELOPERS agree that the public improvements herein are necessary to provide for mitigation of the effects of the single family lot 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 single family lot development; and WHEREAS, DEVELOPERS and CITY believe that, without the public improvements recited herein, CITY would not be able to otherwise provide for mitigation of the effects of the single family lot development on the ability of CITY to deliver services without compromising quality of such service NIEHENKEDEVELOPMENT AGREEMENT921 N. MOUNTAIN VIEW ROAD PAGE 1 OF7 2o\3-S3 ---PAGE BREAK--- 559935 delivery to current CITY residents or without imposing substantial additional costs upon current CITY residents to accommodate the proposed single family lot development; and WHEREAS, CITY desires to ensure that public improvements and appurtenances along the property's Mountain View Road frontage required by Moscow City Code Sections 5-1-4 and 5-1-5, conform to the CITY established Mountain View Road typical section, including one hundred sixty six and one half feet (166.5') of curb and gutter, a six foot wide green strip adjacent to the curb, a twenty foot (20') wide concrete approach onto Mountain View Road, installation of one hundred sixty six and one half feet (166.5') of eight inch SDR 35 PVC storm drain pipe, installation of one storm drain catch basin, installation of one hundred sixty six and one half feet (166.5') of five foot wide sidewalk, and one hundred sixty six and one half feet (166.5') roadway widening including asphalt, base, and subgrade separation geotextile all in accordance with CITY standards, are funded and thereafter completed; and WHEREAS, DEVELOPERS understand and agree that construction of such required public improvements is impractical at this time, and consent to the payment of security in lieu of such improvements; 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. NOW, THEREFORE, DEVELOPERS and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, and commonly known as 921 North Mountain View Road, being more particularly described as follows: A parcel of land 0.63 acres, more or less, in size, located in Moscow, Latah County, State of Idaho, and more particularly described as follows: A parcel of land located in the NEl/4 NEl/4 of Section 8, Township 39 North, Range 5 West, B.M., described as follows: COMMENCING at the Northeast comer of Section 8, Township 39 North, Range 5 West, B.M.; Thence South 539 feet, which is the POINT OF BEGINNING; thence North 166.5 feet; thence West 165 feet; thence South 166.5 feet; thence East 165 feet to the POINT OF BEGINNING. SUBJECT TO (the East 30 feet) a right-of-way used for County road purposes being known as Mountain View Road. and as shown in Exhibit attached hereto and incorporated herein by this reference. II. REQUIRED PUBLIC IMPROVEMENTS: In lieu of constructing the public improvements and appurtenances along the property's Mountain View Road frontage required by Moscow City Code Sections 5-1-4 and 5-1-5, to conform to the CITY established Mountain View Road typical section, including one hundred sixty six and one halffeet (166.5') of curb and gutter, a six foot wide green strip adjacent to the curb, a twenty foot (20') wide concrete approach onto Mountain View Road, installation of one hundred sixty NIEHENKE DEVELOPMENT AGREEMENT 921 N. MOUNTAIN VIEW ROAD PAGE20F7 ---PAGE BREAK--- 559935 six and one half feet (166.5') of eight inch SDR 35 PVC storm drain pipe, installation of one storm drain catch basin, installation of one hundred sixty six and one half feet (166.5') of five foot wide sidewalk, and one hundred sixty six and one half feet (166.5') roadway widening including asphalt, base, and subgrade separation geotextile, all in accordance with CITY standards, DEVELOPERS shall provide security for such public improvements as required in Sections V and VI of this Agreement. III. TERM: This Agreement shall remain in effect until the public improvements required herein are constructed and installed and such public improvements have been accepted by the City for maintenance. IV. CITY'S COVENANT: CITY shall issue building permits for DEVELOPERS' development or any approved phase of the development thereof (upon payment of permit fees, public utility inspection fees of one point twenty-five percent (1.25%) of the City Engineer's estimated construction costs and satisfaction of City Code requirements) only after adequate security as described in Moscow City Code Section 5-1-10 and as required by Sections V and VI of this Agreement has been ·provided to ensure proper construction of the required public improvements. V. DEVELOPERS' COVENANT/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 5-1-10 it will issue building permits (upon payment of permit fees, public utility inspection fees of point seventy-five percent (0.75%) of the City Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPERS' development. DEVELOPER shall pay CITY for completion of the Improvements in the amount of Fifteen Thousand, Eight Hundred Sixty One Dollars ($15,861) plus One thousand, Five Hundred Eighty Six Dollars and 10 cents ($1,586.10) for contingency and One Thousand, Nine Hundred, Three Dollars and 32 cents ($1,903.32) for Engineering and Administrative Costs for a total amount of Nineteen Thousand, Three Hundred, Fifty Dollars and 42 cents ($19,350.42) VI. FORM OF SECURITY: DEVELOPERS agree to provide security for the amount required in Section V of this Agreement which will fully cover the entire cost of public improvements as identified and described herein. The security shall be in the form of cash. Such security shall be provided to CITY prior to the issuance of building permits by CITY. If for any reason the security for such improvements shall be withdrawn by DEVELOPERS or is 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 NIEHENKE DEVELOPMENT AGREEMENT 921 N. MOUNTAIN VIEW ROAD PAGE3 OF7 ---PAGE BREAK--- 559935 pennits and/or occupancy pennits shall be re-issued upon receipt by CITY of new or additional security as required herein. VII. FAILURE TO COMPLY: DEVELOPERS agree to pay all expenses incurred by CITY in enforcing this Agreement. VIII. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Agreement shall be binding upon the heirs, assigns and/or successors of the parties. IX. OCCUPANCY: DEVELOPERS agree that no person shall be allowed to occupy any part of the development for any purpose until the described security as required by Section V of this Agreement is paid to the City as required herein. X. 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. XI. MODIFICATION: DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon mutual written agreement of the parties, as evidenced by the approval of the City Council. XII. 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 parties, their successors and assigns. This Agreement shall be recorded with the Latah County Recorder. XIII. 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: DEVELOPERS: CITY: Kent and Andrea Niehenke 293 Gambels Lane Moscow, Idaho 83843 Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow, Idaho 83843 Telephone: (208) 883-7000 FAX: (208) 883-7018 NIEHENKE DEVELOPMENT AGREEMENT 921 N. MOUNTAIN VIEW ROAD PAGE40F7 ---PAGE BREAK--- 559935 XIV. 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 above written. DEVELOPERS: CITY: ATTEST: Andrea Niehenke NIEHENKE DEVELOPMENT AGREEMENT 921 N . MOUNTAIN VIEW ROAD PAGE5 OF7 ---PAGE BREAK--- 559935 ST ATE OF IDAHO ) ) ss: County of Latah ) On Lhis H_ day of U ~ , 2013 1 before me, the undersigned, a Notary in and for said State, personally appeared Kent Niehenke 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. ,,,u1111111111 ~ " H / L. / 111 ~ _ ~ ~ ARY PUB!j ti Idaho g AR;\ \ My Commission expires: q- 7 -dO I { ~ \ PueL\C ) J ~ . . ~ & ~ ~ · ~ ) ss: "/.11,111~ OF ) [PHONE REDACTED]\\• County of Latah STATE OF IDAHO On this __Zi_ day of er~ , 2013, before me, the undersigned, a Notary in and for said State, personally appeared Andrea Niehenke known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official hereinabove written. NtEHENKE DEVELOPMENT AGREEMENT 921 N. MOUNTAIN VIEW ROAD PAGE60F7 ---PAGE BREAK--- , - RPM0-[PHONE REDACTED] 1415 THATUNA SPRENG~ ?ll ·nil Vll!W uooolos.o.oss l S:J'R££T , STEVEN E 100 150 - - - Feet NfEHENKE DEVELOPMENT AGREEMENT 92 l N. MOUNTAIN VrEW ROAD PAGE 70F7