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580648 DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT THIS DEVELOPMENT AGREEMENT FOR PARKING LOT IMPROVEMENT BETWEEN CITY OF MOSCOW, IDAHO AND HUNGA DUNGA BREWING COMPANY LLC (hereinafter "Agreement") entered into the 2.-1 Jt' day of :Jv 2016 by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and HUNGA DUNGA BREWING COMPANY LLC, lessee of property located at 333 North Jackson, Moscow, Idaho, 83843 (hereinafter "DEVELOPER"); W I T N E S S E T H : WHEREAS, DEVELOPER desires to develop property located within the City of Moscow, Idaho, being more particularly described as follows: Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, , Lot 33, Lot 34, Lot 35, Lot 36, Lot 37, and Lot 38 of Lieuallens Addition to the City of Moscow; Also including the northern 12 ft. of Lot 7 and the northern 12 ft. of Lot 32; Also including the adjoining vacated Street right-of-way by Ordinance 292. Described area contains approximately fifty-five thousand, two-hundred and eighteen square feet (55,280 sq. ft.) and is shown on attached EXHIBIT WHEREAS, DEVELOPER understands that a waiver of some improvements may be available pursuant to Moscow City Code, but DEVELOPER specifically does not wish to request such a waiver and wishes to enter into the Agreement herein; and WHEREAS, DEVELOPER enters into this Development Agreement of its own free will and accord, without coercion and without inducement and at DEVELOPER's request; and WHEREAS, DEVELOPER understands and agrees that parking lot improvements required herein are standards required pursuant to Moscow City Code § 4-6-5(A)(6)(a); and WHEREAS, DEVELOPER understands that CITY allows parking areas to be temporarily surfaced for a period not to exceed five years with a minimum of four inches ( of three quarter inch minus crushed rock basalt rock gravel pursuant to Moscow City Code § 4-6-5(A)(6)(a); and WHEREAS, DEVELOPER understands that CITY requires said temporarily surfaced parking areas located on the east side of the building, accessed from Jackson Street, as shown on the attached EXHIBIT to be paved pursuant to Moscow City Code§ 4-6-5(A)(6)(a) within five ( 5) years of the date of issuance of the Conditional Certificate of Occupancy for the Property; and DEVELOPMENT AGREEMENT- HUNGA DUNGA BREWING COMPANY LLC /CITY PAGE l OF 6 ·-Z,D I lP - D4J1 ---PAGE BREAK--- 580848 WHEREAS, DEVELOPER understands and agrees that all other components of the parking lot, including, but not limited to, placement of wheel stops for delineation of each parking space, landscaping, landscape buffer areas, ADA parking signage, and sidewalks shall be completed by DEVELOPER prior to the issuance of the Conditional Certificate of Occupancy for the Property; and WHEREAS, DEVELOPER understands and agrees that all of the aforementioned components of the parking lot, exclusive of the paving requirement, shall not be permitted to be deferred (for any amount of time); and WHEREAS, DEVELOPER submitted construction plans and a building permit application to complete said renovations and construct said parking lot; and WHEREAS, CITY has reviewed and approved said final construction plans attached as EXHIBIT for said parking lot and has issued a construction permit to DEVELOPER for said parking lot; and WHEREAS, DEVELOPER agrees that the improvements herein are necessary, in part, 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 or to the public, or imposing substantial additional costs upon current CITY residents to accommodate the proposed subdivision; and WHEREAS, CITY desires to ensure that improvements and appurtenances required herein are constructed or upgraded; and WHEREAS, DEVELOPER is the lessee of property identified and legally described on the herein attached EXHIBIT (hereinafter "Property"); and WHEREAS, DEVELOPER desires to establish a new use within the existing building on the Property and agrees to construct a parking lot facility on the aforementioned Property; NOW, THEREFORE, CITY and DEVELOPER hereby agree as follows: 1. CITY shall issue to DEVELOPER a Conditional Certificate of Occupancy, to expire five years from the date of issuance of said Conditional Certificate of Occupancy, for said parking lot prior to the completion of the required paving described above and included in the attached EXHIBIT provided that all said paving shall be completed by no later than five years from the date of issuance of the Conditional Certificate of Occupancy; 2. DEVELOPER shall be required to and agrees to complete all other components of the parking lot including, but not limited to, placement of wheel stops for delineation of each parking space, landscaping, landscape buffer areas, ADA parking signage, and sidewalks before said Conditional Certificate of Occupancy is issued; and DEVELOPMENT AGREEMENT- HUNGA 0UNGA BREWING COMPANY LLC /CITY PAGE20F 6 ---PAGE BREAK--- 580648 3. Should DEVELOPER fail to complete the required improvements on the Property by five years from the date of issuance of the Conditional Certificate of Occupancy, DEVELOPER herein agrees to cease use of said Property until such time as all required paving is completed; and 4. Should DEVELOPER fail to complete the required improvements on the Property by five years from the date of issuance of the Conditional Certificate of Occupancy, CITY shall withdraw any Certificate of Occupancy issued for such Property until the required improvements are installed; and 5. CITY, upon inspection and verification that all said required paving has been completed to CITY's satisfaction, may issue a permanent Certificate of Occupancy prior to five years from the date of issuance of the Conditional Certificate of Occupancy. 6. For the purpose of this Agreement, the addresses of the parties shall be as follows: DEVELOPER Hunga Dunga Brewing Company LLC 2 1 1 West D Street Moscow, Idaho 83843 7. FAILURE TO COMPLY: CITY City of Moscow P 0 Box 9203 206 East Third Street Moscow, Idaho 83843 DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. 8. 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. 9. 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. 10. 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 City Council or by a subsequent development agreement between the parties. 11. 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 Recorder. DEVELOPMENT AGREEMENT - HUNGA DUNGA BREWING COMPANY LLC /CITY PAGE3 OF 6 ---PAGE BREAK--- 580648 12. UNDERSTANDING: DEVELOPER has read and understands this Agreement and the contents thereof and has had the opportunity to avail himself 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 WIESS WHEREF, DEVELOPER, by an? through its representative, and CITY, by/fnd through its Mayor and City Clerk, have caused this Agreement to be executed on the I - day of v-'f 2016. DEVELOPER: STATE OF IDAHO ) ) ss: County of Latah ) CITY: On this 11_ day of tfuL-'i , 20 16, before me, the undersigned, a Notary in and for said State, personally appeared Graham Lilly, known to me to be the person whose name is subscribed to the foregoing. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. NOTARY PUBLIC for Idaho My Commission expires: :2-0 f DEVELOPMENT AGREEMENT- HUNGA DUNGA BREWING COMPANY LLC /CITY PAGE40F 6 ---PAGE BREAK--- Exhibit DEVELOPMENT AGREEMENT- HUNGA DUNGA BREWING COMPANY LLC /CITY PAGE 5 OF 6 ---PAGE BREAK--- Exhibit DEVELOPMENT AGREEMENT - HUNGA 0UNGA BREWING COMPANY LLC /CITY • I I PAGE 60F 6