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DEVELOPMENT AGREEMENT BETWEEN MYRNA BERGMAN AND CITY OF MOSCOW, IDAHO 443387 -;,vfh . \ THIS AGREEMENT is entered into this day of t'l(li<..C. H 1999, by and between Myrna Bergman (referred to as "DEVELOPER"), 603 Palouse River Drive #77, Moscow, Idaho 83843, being owner and DEVELOPER of real property as described herein, and 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, DEVELOPER desires to begin development of the west half of the property commonly kno1tm as 1408 East St;eet, in the City of Moscow, Latah County, Idaho, as shown on Exhibit attached hereto and incorporated herein by this reference; 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 Agreement of its own free will and accord, without coercion and without inducement and at DEVELOPER'S request; and WHEREAS, DEVELOPER understands that improvements required herein are standards required for subdivisions pursuant to Moscow City Code Title 5, Chapter 1 and are authorized by Idaho Code Section 67-6513; and WHEREAS, DEVELOPER agrees that the public improvements required herein are necessary to 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, the public, or imposing substantial additional costs upon current City residents to accommodate the proposed subdivision and development; 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 development; and WHEREAS, CITY desires to ensure that public improvements consisting of widening of street pavement, curb, and sidewalk are constructed; 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. DEVELOPMENT AGREEMENT Page 1 of5 99-26 ---PAGE BREAK--- NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: L PROPERTY AFFECTED: 443387 This Agreement affects property located within the City of Moscow, Idaho, commonly known as the west half of 1408 East Street in the City of Moscow, Latah County, Idaho, and as shown on Exhibit attached hereto and incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER'S expense, all public improvements required by Moscow City Code Sections 5-1-5(D) and including but not limited to widening of street pavement, curb, and sidewalk; all in accordance with City standards. All plans and drawings for such required public improvements shall be approved by the Moscow City Engineer prior to the beginning of any construction of any such public improvements. 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 DEVELOPER'S development of the west half of 1408 East Street (upon payment of permit fees, public utility inspection fees of seventy-five percent 75%) of the Moscow 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 DEVELOPER has paid or after adequate security as described in sections VI and VII has been provided to ensure proper construction of the required public improvements. V. DEVELOPER'S COVENANT: DEVELOPER agrees as follows: A. DEVELOPER agrees to install, at DEVELOPER'S expense, for the north side of East Street adjacent to its property, widening of street pavement, curb, sidewalk in accordance with approved plans for DEVELOPER'S development, to City standards during and under the terms of this Agreement. All plans and drawings shall be approved by the Moscow City Engineer prior to the beginning of any construction of improvements. B. DEVELOPER agrees that DEVELOPER shall install the required improvements within nine months from the date of the issuance of the first building permit; and DEVELOPMENT AGREEMENT Page 2 of5 ---PAGE BREAK--- 443387 C. If DEVELOPER fails to complete installation of the widening of street pavement, curb, and sidewalk within nine months from the date of the issuance of the first building permit, to City standards, CITY shall revoke occupancy of the entire development, revoke any applicable permit issued to DEVELOPER by CITY and shall cease to issue further building permits for the affected property until such improvements are completed, and in accordance with approved engineering plans for west half of 1408 East Street, the public improvements described in Section II of this Agreement VI. SECURITY FOR IMPROVEMENTS: CITY agrees that upon receipt of the security described in section VII it will issue building permits upon payment of permit fees, public utility inspection fees of seventy-five percent (0.75%) of estimated construction costs and satisfaction of CITY code requirements for the DEVELOPER'S development If DEVELOPER fails to complete construction of the required public improvements to City standards, 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. Any engineering or construction costs in excess of the security shall be borne by 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: DEVELOPER agrees to provide security sufficient to cover the cost to construct the public improvements required herein and in an amount estimated by the City Engineer. The security shall be in the form of cash, construction bond, irrevocable letter of credit from a certified bank or financial institution, or such other fomn of security acceptable by 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-hundred twenty (120) days from the date of the issuance of the first building pemnit 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 at that time, 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 Moscow 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 be compromised in any way, CITY shall immediately revoke any building 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 are revoked pursuant to this section, such building permits shall be re-issued upon receipt by CITY of new or additional security as required herein. VIII. CONSTRUCTION DRAWINGS: 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 Moscow City Engineer or is otherwise modified by a subsequent development agreement between the parties. DEVELOPMENT AGREEMENT Page 3 of 5 ---PAGE BREAK--- IX. FAILURE TO COMPLY: 443387 DEVELOPER agrees to pay all expenses incurred by 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 subsequent purchasers of the property described herein. XI. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to construct improvements or to occupy any part of the development of the west half of 1408 East Street for any purpose until the described public improvements are completed and accepted by CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. Such a subsequent development agreement may provide for the posting of security as provided for in Moscow City Code Section 5-1-10. 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 of the Second Judicial District of the State of Idaho in and for the County of Latah. XIII. MODIFICATION: DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon written 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. 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 CITY, its successors and assigns. This Agreement shall be recorded with the Latah County, Idaho 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: DEVELOPMENT AGREEMENT Myrna Bergman 603 Palouse River Drive #77 Moscow, Idaho 83843 Telephone: (208) 882-8122 Page 4 of5 ---PAGE BREAK--- CITY: XVI. UNDERSTANDING: Marshall H. Comstock, Mayor City of Moscow P.O. Box 9203 206 East 3'd Street Moscow, Idaho 83843 Telephone: (208) 883-7000; FAX: (208) 883-7018 443387 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. ) STATE OF IDAHO ) ) ss County of Latah ) ity Clerk On this,-JGftCfj>r Idaho , T Af( y Res1d1ng w L c.ltfr"" . * : ' - * - · My Commission expires: _ PUB\. / - *-of"io·,-p , · DEVELOPMENT AGREEMENT Page 5 ofS ---PAGE BREAK--- I r \ - I - I ' 17' frDposed Le-t- . M/ ` I . E F<-- I ' I I ' ia-lb'G ' I • r.c ll· - I ,Dr 1!Je. ' • I 'l - < t I I . I ' 6o..Ml v0 I wI . · I . . I k--Jo'1_ • I J.D ( Tl 'Y J · c • 'I.AeiJ..rL-J?J = T, l· '':it