Full Text
DEVELOPMENT AGREEMENT LOTS 4, 5, AND 6 OF BLOCK 14 OF THE REPLAT OF MOORES ADDITION TO THE CITY OF MOSCOW February This agreement is entered into this 1st day ofÔÕÖ 1993, by and between Rob Davis (hereinafter "Developer") being developer of real property described in this agreement, and the City of Moscow, a municipal corporation of the State of Idaho (hereinafter "City"); WITNESSETH: 394694 WHEREAS, Developer owns property within the corporate limits of the City of Moscow, described as Lots 4, 5, and 6 of Block 14 of the Replat of Moores Addition to the City ofMoscow; and WHEREAS, the City desires to ensure that all public improvements are properly installed by Developer; NOW THEREFORE, Developer and the City hereby agree and covenant as follows: I. PROPERTY AFFECTED: This agreement affects real property known as, Lots 4, 5, and 6 of Block 14 of the Replat of Moores Addition to the City of Moscow, Latah County, Idaho. This property is described in the plat identified as Replat of Moores Addition to the City of Moscow. The public improvements subject to this agreement are identified in "Exhibit A" which is attached and incorporated by this reference into this agreement. IT. PUBLIC IMPROVEMENTS: The Developer hereby agrees to install curbs, gutter, sidewalk and storm sewer, in addition to extending the pavement of Morton Street and Van Buren Street to the curb to be installed, including such earthwork, base aggregate, underlayment and paving, and one fire hydrant to be installed at the location designated in said approved plans, adjacent to Lots 4, 5 and 6 of Block 14 of the Replat of DEVELOPMENT AGREEMENT PAGE 1 ---PAGE BREAK--- 394694 Moores Addition to the City of Moscow, as shown in Exhibit A, including necessary earthwork, base aggregate and paving in accordance with the approved plans and to City standards during and under the terms of this agreement. Fire hydrant and related piping materials shall be provided by the City. All plans and drawings shall be approved by the City Engineer prior to beginning of any construction of improvements. m. CITY'S COVENANT: The City shall issue a building permit on Lots 4, 5 and 6 of Block 14 of the Replat of Moores Addition to the City of Moscow after all public improvements have been constructed as required herein and have been inspected and accepted by the City Engineer for maintenance, or after adequate security has been provided to ensure proper construction of the required public improvements. IV. DEVELOPER'S COVENANT: The Developer agrees as follows: A. Developer shall construct curbs, gutter, sidewalk and storm sewer, in addition to extending the pavement ofMorton Street and Van Buren Street to the curb to be installed, including such earthwork, base aggregate, underlayment and paving, and one fire hydrant to be installed at the location designated in said approved plans, adjacent to Lots 4, 5 and 6 of Block 14 of the Replat of Moores Addition to the City of Moscow, as shown in Exhibit in accordance with the approved plans and to City standards during and under the terms of this agreement. Fire hydrant and related piping materials shall be provided by the City. It is further agreed that Developer shall provide security for such improvements in accordance with this agreement as required below. B. If the Developer fail to complete all public improvements within 120 calendar days from the issuance of the building permit, the City may utilize the security specified in paragraphs VI and VII to complete work on the improvements. V. TERM: This agreement shall remain in effect until all improvements are constructed and has been accepted by the City for maintenance. VI. SECURITY FOR IMPROVEMENTS. The City agrees that upon receipt of the security described in paragraph VII the City will issue building permits (upon payment of permit fees) for Lot 4, 5 and 6 of Block 14 of the Replat of Moores Addition to the City of Moscow. If the Developer fails to complete construction of the public improvements within 120 days after issuance of the building permit as described in paragraph IV of this agreement, the City may attach the security and cause the public 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 TWENTY FIVE THOUSAND FIVE HUNDRED FIFTY DOLLARS ($25,500.00) for public DEVELOPMENT AGREEMENT PAGE2 ---PAGE BREAK--- 094694 improvements as identified and described in paragraph IV.A. above. The security shall be in the form of a construction bond, irrevocable letter of credit from a certified bank of financial institution, or such other form of security acceptable by the City prior to issuance of the building permit by the City. The security required must be effective for 180 days from the issuance of the 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 60 days prior to the expiration date of the security. If not completed at that time, the City may claim the security and utilize it to complete the improvements. The amount of 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 financial institution, or the value or terms thereof shall be compromised in any way, the City shall immediately revoke the building permit issued by the terms contained herein, and further, the Developer shall hold the City harmless for any and all causes of action and damages alleged to have been sustained because of the revocation of such building permit. If the building permit is revoked pursuant to this section, it shall be re-issued upon the receipt by the City of new or additional security as required herein. VIII. FAILURE TO COMPLY: If the Developer fail to comply with the terms of this agreement, the City, after 5 days written notice to Developer, may seek 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. IX. BINDING ON HEmS, ASSIGNEES AND PURCHASERS: This agreement shall be binding upon the heirs, assignees and purchasers of the property described herein. X. VENUE AND ATTORNEY'S 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 in such action shall be awarded its reasonable costs and attorney's fees incurred in such litigation. XI. MODIFICATION: Developer and City agree that the provisions of this agreement may be modified only upon written request of the Developers accompanied by a complete set of development plans, and acceptance of such modification by the City Council. Xll. COVENANTS TO RUN WITH THE LAND: This agreement shall run with the land affected hereby, as shall the covenants contained herein, and shall be to the benefit of the City and its successors and assigns. This development agreement shall be recorded with the Latah County Recorder. DEVELOPMENT AGREEMENT PAGE3 ---PAGE BREAK--- 394694 Xill. 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 address: Developers: Rob Davis 562 Deer Meadow Court Moscow, Idaho 83 843 City: Mayor City ofMoscow P.O. Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREAS, the Developer has executed this agreement to be effective the date first above written. DEVELOPER: /0 Rob DĔÎ State ofldaho ) ) ss County of Latah ) CITY OF MOSCOW: v/Ǐ • • • • ' · 1 · · · : t ć : đ . . . ; ·Ð i: ' . . . \ _ - o<Ē \ . • • . . DEVELOPMENT AGREEMENT Nota Public in and for the State of Idaho PAGE4 ---PAGE BREAK--- - " _ . Lot 3 I I \ o Pore J"'i'lT'rtl it v tmx- 1 . T . i \1 rl 5' Minimum s;d, Ï _ Setback. (Total of Q) 15' Both Sides) - 6j Î zà ď Lot 4 \ \ I _ ! I I I s:uo; Ď I ď 0 . zg Lot 5 i õ I _ . 82.2 , ! l l Lot 6 I Đ2.0".• 82.30 11\ - Q . Cl) c 1) . - p:J. č - ß > C• - Ż - u 0 i I I ! i i i I l l 1 Ē 1 "'82.10 - Er\Si. 10" s ·n I d S"W. ( I 1.11 džLJ 82.77 K J\11 ll\,.fżJ'\. ' 394694' l&gend ---PAGE BREAK--- \ I EXHI.BI T , 2- ǁphdǂ 'a 1 -.a:-tā :4 · pto.ot stripë Og fl-ĉ- · · . · ...-r:-rn=rrr Co r>ac tąd sul.>vrode - · _ _ _ _ _ . Match to xiS tlnvCo.l 4 111ch oggrego te <3/•1 Inch \ 5 inCh caner·Ă tA Sldowolk (wher-e sl'lo"n on pton) Typico.l po.ving cleto.il , Geotedlfe Note: ·ole 7S.2r) lnv. 36" CMP in uilch I. All Utility Locations are From Record Data. Field Verify Prior to Construction. 2. All Work to Conform lo City of Moscow Standards. 394694. u - < 0 w co 3: 9 ǀ >lČč Z 0 Oo. Ö w 7. Z• -c:c I í Õ 11--. z; lJ z ---PAGE BREAK--- . . . . . · . . . ; . . . . . . . . : ö ÿ • . , . . t . . . . : . . · ' . ' : . . . . . . . . j r _ _ cosLEsturutL EDuub!Lcub ldses:tmp rnveents , - ù- • · . . · :t _ . _ _ _Lots A-,5r_6 -.25 _ _LDl Bloct3ƾ1-RƿpJJi_OL1100f£.L.ADdi. Wn;--:rç . . _ _ _ _ o umetLnevelovec:_ROb_j)av 1s _ i_.__N:w.--corneut Mort o n-:a nhan -Bu_n.-'1 1 = - - - . · · · - oUJnhi.;- :)-Uruc===:iot*-+?51 . Ttem umt · · · . Pnce Pnce · Ĉ-ĉ-Ċċ-J . . . . -ą - - Ƨcu.J.dǓ=ǒ-=--- É -12ƥ:o.o · - : 2. _ _ 265_un ELý-- . · · oo Ç2,b5Dè- . . 3 . .S tdå.w.JJl__ .)fl_O_SJ.1.JL . . . .4aS_O__ . _ þ-ÿĀo . _ . _ _ . BJ)_Ugh.___ B5_1 fln_ · · . . IS.J0. · ć-.1,275 _ _ :Ƙƙ-i . 5. PdVIn . . . _ 4 5 JOD . _ . _ . 80.00 . . 31600 . . :1 _ _ 16 . . _ _ j £d.ch . . . . ??s.oo _ _ _ 775 - --Āi , _ _ _ _ . 17. _.12:Jnch storm sel!J. _ _ _ ÷J _un._Et . _ _ _ ..45.:0D.. J_t.93 õ · · _ l8 . GeotextJJe 235_SQƨ..Y.d . - ..1:D.o 47_a_ · ---ƛl _ 9.;aJL..SEW._LdierJ ls _l_.Eacb_ tJ.00ƞ . .00 7 . :1POQ:,Ɠ---·r _ _ _ 10. _mstal Lm_Hdrd ni__ ..£ach .J1 zso. oo .t,zso: āĂ Ÿ· • - · . _ 1 Ô . : . . I · ! I • ' t . È ! . - . l . . . ·ƹ I- rslunaiedJolsJcudmn__cosl_"#---$%- -2.2Jf;ooo _ co.ntJQ7nLtf_JO.ro · . · . úû: : . . _ 2l . aoo.ƭ:Ʈ-; :.Ɵ,f.i . I @ : . • . - 2 50D il . _ uL- · _ · _ _ < Ɣƕ ƠơƢ-ǔ== __iQldLƣ-Ƥ-· . . . . .!zs)Ʀoo 6{j . . . . . . . . - . . . . ' -Ɩ MJt8-riaiS"b8-c,fi-- . . - - - - - . . - - - - - - - - . ø] · ƺuur -c-·:{UJ.lJ,eJr · - ·:Ě1 . . . :-27 9 . : - - ; ,