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DEVELOPMENT AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LATAH COUNTY THIS DEVELOPMENT AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LATAH COUNTY (hereinafter "Agreement") is entered into the z:z.iJ.uay of Ja.rut , 201¾by and between the City of Moscow, Idaho, a Municipal Corporation of the State<: Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Latah County, a political subdivision of the State of Idaho, 522 South Adams, Moscow, Idaho, 83843 (hereinafter "CO{J:NTY"), owner of property located at 520 East Sixth Street, Moscow, Idaho, 83843. W I T N E S S E T H : WHEREA,S, COUNTY is the owner of property located at 520 East Sixth Street and shown on the attached map labeled Exhibit (hereinafter "the Subject Property"); and WHEREAS, COUNTY desires to rezone the Subject Property from the Multiple Family Residential (R-4) Zoning District to the General Business (GB) Zoning District; and WHEREAS, CITY held a duly noticed public hearing before the Planning and Zoning Commission on October 23, 2013 and considered all written and oral testimony presented; and WHEREAS, CITY held a duly noticed public hearing before the City Council on November 18, 2013 and considered all written and oral testimony as presented; and WHEREAS, CITY granted conditional approval of the rezone request with certain specified conditions described below and authorized by Idaho Code Section 67-651 lA and Moscow City Code Title 4-9-3(C); and WHEREAS, CITY and COUNTY enter into this Development Agreement of their own free will and accord, without coercion and without inducement and at their requests; and WHEREAS, COUNTY agrees that the conditions of rezone approval and requirements herein are necessary to provide for the mitigation of the effects of the rezone approval and allowable development of the Subject Property; and WHEREAS, CITY and COUNTY 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; and NOW, THEREFORE, CITY and COUNTY hereby agree as follows: A. PROPERTY AFFECTED: A sixteen thousand eight hundred seventy five (16,875) sq. ft. parcel of land addressed as 520 East Sixth Street within the City of Moscow, Idaho as shown on the attached map labeled Exhibit DEVELOPMENT AGREEMENT - LAT AH COUNTY/ CITY PAGE I OF 5 20\L\- OL\ ---PAGE BREAK--- B. CONDITIONS OF REZONE APPROVAL: 1. The allowable uses of the Subject Property shall be restricted to lesser intensity uses than those listed as permitted uses in the General Business (GB) Zoning District. Such allowable uses shall include and are limited to: a. Professional, financial, business and medical offices and any enterprise rendering professional or personal services; b. Eating and drinking establishments such as cafeterias, delis, and restaurants catering primarily to on-site permitted principal uses as an accessory use only; c. Lodges, private clubs and fraternal societies; d. Schools, commercial schools, churches, synagogues, mosques, governmental offices, libraries, museums, art galleries, police or fire stations, and similar public or private institutions; e. Public utility installations relating directly to local distribution of services including switching and transmission stations. Warehouses and service yards are excluded; f. Public off-street parking facilities, whether publicly or privately owned or operated; provided that any such area shall not be used as a sales or storage area for mobile homes, trailers, boats, or heavy equipment; g. Health care facilities including hospitals and nursing homes; and h. Retail sales enterprises as an accessory use only. 2. Development or redevelopment of the Subject Property shall be restricted to the Multiple Family Residential (R-4) Zoning District building setback requirements for any yard abutting or across a street from a residential zoning district or residential use. 3. Development or redevelopment of the Subject Property shall be restricted to the Multiple Family Residential (R-4) Zoning District maximum allowable building height of forty feet 4. Accessory uses as listed in the General Business (GB) Zoning District shall be allowed by right. Conditional and Special Uses listed in the General Business (GB) Zoning District may still be allowed through issuance of a Conditional or a Special Use Permit. Modification or waiver of development standards may still be allowed by variance approval. 5. COUNTY shall be required to install the Type B landscape buffers required between GB and R-4 zoned land within eighteen ( 18) months of approval of the rezone request. C. AMENDMENT: This Agreement may be modified pursuant to Idaho Code Section 67-651 IA. Nothing within this Agreement shall preclude any of the Subject Property owners from applying for and potentially securing a variance as set forth in the Zoning Code. D. TERM: This Agreement shall remain in effect until such time· as this Agreement is dissolved by the City Council. This Agreement may also be amended with written consent of all parties in a manner consistent with the conditions of the rezone. DEVELOPMENT AGREEMENT - LAT AH COUNTY/ CITY PAGE20F 5 ---PAGE BREAK--- E. CITY'S COVENANT: CITY shall not issue any land use or development permits for the Subject Property that are not in compliance with the conditions of approval herein and other applicable City Code requirements. F. FAILURE TO COMPLY: Failure to comply with all of the requirements included herein shall result in the inability of CITY to issue any land use or development permits for the Subject Property. G. BINDING: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the Subject Property described herein. H. 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 United States Mail to the following addresses: COUNTY: Board of County Commissioners P 0 Box 8068 Moscow, Idaho 83843 I. UNDERSTANDING: CITY: City of Moscow, Idaho P 0 Box 9203 Moscow, Idaho 83843 CITY and COUNTY have read and understand this Agreement and the contents thereof and have had the opportunity to avail themselves of legal and other counsel before entering into this Agreement and before signing it, and hereby enter into it voluntarily, willingly, and without inducement. IN WITNESS WHEREOF, COUNTY, by and through its Board of Commissioners, and C Y by and through its Mayor and City Clerk, have caused this Agreement to be executed on the aay of ! ,201½. CITY -JULY ·12 1887 DEVELOPMENT AGREEMENT - LATAH COUNTY/ CITY PAGE] OF 5 ---PAGE BREAK--- I certify under penalty of perjury pursuant to the law of the State of Idaho that the foregoing is true and correct. COUNTY: Richard Walser, Commissioner ATTEST· CW\ 1 Dop-. i/y I - 2 2.-1 DEVELOPMENT AGREEMENT - LAT AH COUNTY/ CITY PAGE40F 5 ---PAGE BREAK--- . ' 4211 & Sidh st. I . 0,1.1A !125 E SI. j I I I I I f 1 I I I 1 I I J I I D r- n> cc n> :l c Q. CD d j 0 -a CD DEVELOPMENT AGREEMENT - LATAH COUNTY/ CITY EXHIBIT H Q I 00.90 522 S \Ian Buren St 0.Q 01J)J\ CD 0) 510 E Sia Ill St. ijO q " ,ID N b 111 oo ml 1::1 m·l ; CD 01.20 532 E Sbdh SI. 1 l:i (Hi' POLK STREE1- CD a • f " r " c l !O m x O" PAGE 5 OF 5 ---PAGE BREAK--- . . Latah County BOARD OF COUNTY COMMISSIONERS P.O. Box 8068 + 522 South Adams+ Moscow, Idaho 83843 (208) 883-7208 + fax (208) 883-2280 + e-mail [EMAIL REDACTED] David McGraw + Tom S. Stroschein + Richard Walser To: Stephanie Kalasz, City Clerk From: Kara N. Egan Deputy Clerk and Administrative Assistant to the Board Date: 24 January 2014 Re: Development Agreement Enclosed is your fully executive original of the Development Agreement between City of Moscow and Latah County for the rezone of County property. Thank you!