F e TA OUNTY RECORDER

Transcription

1 DEVELOPMENT AGREEMENT BETWEEN ROBERT C. PETERSON, AND CITY OF MOSCOW, IDAHO AT THE HE Q No. ""' ==<=-==-- UEST OF: d I DATE GeA!Jo.f('tJr &HouR: '.5'/.. C );?_5'./f 2-11'/W 1 SUSAN PETEilSEN F e TA OUNTY RECORDER FOR PETERSON 2ND ADDITION SUBDIVISION ftt ( t/tp llf" PFPftt?uJ I,.9-rnt! flfltl,./t&,g,t:joy 'f:>rz:j.. nto 'CQIN tp 6.!'1'3 THIS DEVELOPMENT AGREEMENT BETWEEN ROBERT C. PETERSON AND CITY OF MOSCOW, IDAHO FOR PETERSON 2ND ADDITION SUBDIVISION (hereinafter "Agreement") is entered into this ;z e>t!l day of 1:)e.c..unhuc, 2010, by and between ROBERT C. PETERSON, at 2733 Sunset Drive, Lewiston, Idaho, 83501, being the Developer of real property as described herein (hereinafter "DEVELOPER"), and the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, (hereinafter "CITY"); WITNESSETH: WHEREAS, DEVELOPER desires to develop property to be known as Peterson 2"ct Addition to the City of Moscow in the City of Moscow, Latah County, Idaho; 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 Development Agreement of DEVELOPER's 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 pursuant to Moscow City Code Title 5, Chapter 1 and are authorized by Idaho Code Section and Section ; and WHEREAS, DEVELOPER voluntarily dedicates 3.09 acres as parkland to satisfy Moscow City Code Section 5-l-5(F), in exchange for permission from CITY to develop Peterson 2"d Addition to the City of Moscow; and WHEREAS, CITY'S acceptance of 3.09 acres as parkland is at DEVELOPER's request and is made by CITY as an accommodation to DEVELOPER; and WHEREAS, DEVELOPER agrees that the public improvements and parkland dedication 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 WHEREAS, DEVELOPER and CITY believe that, without the public improvements and parkland dedication required herein, CITY would not be able to otherwise provide for mitigation PETERSON 2 ND ADDITION DEVELOPMENT AGREEMENT PAGE I OF 10 2oto 13

2 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 WHEREAS, CITY desires to ensure that public improvements and appurtenances including, but not limited to, water mains, fire hydrants, water services, sanitary sewer mains and stubs, storm sewer mains and stubs, storm water detention facilities, street lighting, franchise utilities, erosion control, streets, paving, curbs, traffic control devices (to include stop signs, street signs, etc.), access roads, pedestrian paths, and sidewalks within and adjacent to Peterson 2nd Addition are constructed or upgraded; and WHEREAS, DEVELOPER has read this Agreement, has understood it, and has had the opportunity to avail himself of legal and other counsel prior to entering into this Agreement and prior to signing it; NOW, THEREFORE, DEVELOPER and CITY hereby agree as follows: I. PROPERTY AFFECTED: This Agreement affects property located within the City of Moscow, Idaho, and commonly known as Peterson 2n d Addition, being more particularly described as follows: A tract of land located in the Southeast Quarter of the Northwest Quarter of Section 7, Township 39 North, Range 5 West, Boise Meridian, Latah County, Idaho, more particularly described as follows: Commencing at the Southeast Comer of the Northwest Quarter of said Section 7 which is the TRUE POINT OF BEGINNING of this description; thence N00 55' 58"E feet along the east line of the northwest quarter of said Section 7 to the northeast comer of the southeast quarter of the northwest quarter (SEI/4NWI/4) of said Section 7; thence S87 26' IO"W feet along the north line of said SE1/4NWI/4 of said Section 7; thence S00 56'02"W feet to a point on the south line of City of Moscow tract as described in Instrument No , on file with the Recorder's Office of said Latah County; thence S87 28'42"W feet along the southerly line of said City of Moscow tract; thence N00 54'42"E feet along the west line of said tract to a point on said north line of the SEI/4NWI/4 of Section 7; thence S87 26' 10"W feet along said north line to the northwest comer of said SE1/4NWI/4 of Section 7; thence S00 57'02"W feet along the west line of said SEI/4NWl/4 of Section 7 to a point on the northerly right-of-way line of Northwest Court as dedicated by Instrument No , on file with said Recorder's Office; thence S36 08'22"E feet along said right-of-way line to a point on the northwesterly right-of-way line of Baker Street as dedicated by said Instrument No ; thence N53 5l '38"E feet along said right-of-way line to the PETERSON znd ADDITION DEVELOPMENT AGREEMENT PAGE20F 10

3 northeast terminus of said Baker Street; thence S36 08'22"E feet along said terminus to a point on the southeasterly right-of-way line of said Baker Street; thence S53 5l '38"W feet along said right-of-way line to a point on the south line of said SE l/4n W 1/4 of Section 7, said south line also being the north line of the Peterson First Addition to the City of Moscow; thence N87 26'40"E feet along the south line of said SE1/4NWI/4 to the southeast comer of the northwest quarter of said Section 7 and the TRUE POINT OF BEGINNING. This tract contains acres plus or minus. and as shown in Exhibit "A" attached hereto and wholly incorporated herein by this reference. II. PUBLIC IMPROVEMENTS: DEVELOPER agrees to install, at DEVELOPER's expense, public improvements and appurtenances required by Moscow City Code Sections and including, but not limited to water mains, fire hydrants, water services, sanitary sewer mains and stubs, storm sewer mains and stubs, storm water detention facilities, street lighting, franchise utilities, erosion control, streets, paving, curbs, traffic control devices (to include stop signs, street signs, etc.), access roads, pedestrian paths, and sidewalks; all in accordance with CITY Standards. All plans and drawings for such required public improvements shall be approved by the City Engineer prior to the beginning of any construction of any such public improvements. III. 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. PHASING OF DEVELOPMENT AUTHORIZED: Pursuant to the approval of CITY, through its Council, DEVELOPER may develop the real property described herein in four (4) Phases as shown on the approved Phasing Plan for Peterson 2nd Addition (see Exhibit "B"). Phases shall be constructed in the order shown in the approved Phasing Plan. No building permit shall be issued for any Phase of this subdivision development until after all public improvements related to each preceding Phase of this development are completed, installed, and accepted by CITY in accordance with this Agreement. V. CITY'S COVENANT: CITY shall issue building permits for DEVELOPER's development or any approved phase of the development thereof (upon payment of permit fees, public utility inspection PETERSON 2 ND ADDlTJON DEVELOPMENT AGREEMENT PAGE30F10

4 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 construction and installation of all public improvements and acceptance of such by the CITY for maintenance or after adequate security as described in Moscow City Code Section and as described in Section VII. herein has been provided to ensure proper construction of the required public improvements. CITY agrees dedication of land described in Section Vlll. of this Agreement satisfies CITY'S parkland dedication requirement pursuant to Moscow City Code Section (F), as further described in Section VIII. of this Agreement. VI. DEVELOPER'S COVENANT: A. DEVELOPER agrees to install all public improvements required herein, at DEVELOPER's expense, 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 for each separate Phase of Peterson 2nd Addition within twelve ( 12) months from the date of the issuance of the first building permit for each Phase of Peterson 2nd Addition. C. If DEVELOPER fails to complete installation of the required improvements for each Phase of Peterson 2nd Addition within twelve (12) months from the date of the issuance of the first building pem1it for such Phase, to City standards and in accordance with the approved plans, CITY shall utilize the security described in Section VII of this Agreement to complete the required improvements, and CITY shall have the right to revoke any applicable permit issued to DEVELOPER by CITY for such Phase and to cease to issue further building permits for such Phase. D. DEVELOPER agrees to install a replacement twelve inch (12") diameter ductile iron water main between the existing twelve inch ( 12") diameter water main located within the recorded easement along Sunset Drive and CITY'S Well No. 8. Such new water main shall be installed in Christina Street west to Lindsey Street and in Lindsey Street to Well No. 8. This new water main construction shall be completed during Phase 2 of the subdivision development. The water main existing as of the date of execution of this Agreement shall not be taken out of service until such time as the new twelve inch (12") water main is ready to be connected to the active system, as determined by CITY. E. DEVELOPER agrees to construct the paved pedestrian path between Lots 4 and 5 of Block 2 connecting Tract "A" (the proposed CITY park) with Melisondre Street, as shown on the Peterson 2nd Addition final plat (see Exhibit "A"). This pedestrian path construction shall be completed during Phase IV of the Peterson 2n Addition Subdivision development. PETERSON 2 ND ADDITION DEVELOPMENT AGREEMENT PAGE40F 10

5 F. DEVELOPER agrees to construct a temporary emergency secondary access for maintenance vehicles, emergency vehicles, non-motorized vehicles, and pedestrians to connect Christina Street and Sunset Drive, as shown on the attached design drawing (as shown on Exhibit "C"); this construction shall be completed during Phase 2 of the Peterson 2nd Addition Subdivision development.. G. DEVELOPER agrees to construct a temporary paved turn-around at the north end of Lindsey Street, as shown on the attached design drawing (as shown on Exhibit "D"). This temporary paved turnaround work shall be completed during Phase 3 of the Peterson 2nd Addition Subdivision development. H. DEVELOPER agrees to construct a permanent sixteen foot (16') wide paved access road from Baker Street, through Tract 'C', to CITY's Well No. 8 complex, as shown upon the Peterson 2nd Addition Final Plat (see Exhibit "A"). Such access road construction standard shall be approved by the CITY Engineer. Access road construction shall be completed during Phase 3 of the Peterson 2nd Addition Subdivision development. 1. DEVELOPER agrees to construct the University of Idaho property berm buffer as such is shown on the attached design detail (see Exhibit "E"). This property berm buffer shall be completed during Phase 4 of the Peterson 2nd Addition Subdivision development. J. DEVELOPER agrees to provide a serviceable, fifteen foot (15') foot wide, allweather surfaced access to City's Well No. 8 site acceptable to CITY. The allweather access for CITY specified vehicles shall be maintained throughout all construction Phases of the subdivision development. K. ACCESS TO BAKER STREET SHALL BE LIMITED. In accordance with the conditions of approval of the Peterson 2nd Addition Final Plat required by the Moscow City Council, vehicular access directly from Baker Street shall be limited by DEVELOPER. Only the following Lots within Peterson 2nd Addition Subdivision shall be allowed direct access off Baker Street: Lot I, Block I; Lot 21, Block 4; Lot I, Block 5; and Lot 1, Block 6. Owners of all other Lots within Peterson 2nd Addition Subdivision adjacent to Baker Street hereby acknowledge and agree that direct access for each Lot from Baker Street is prohibited and that said Lots shall be accessed only from their adjacent side streets (and not from Baker Street). VII. SECURITY FOR IMPROVEMENTS: In lieu of DEVELOPER's 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 herein, it will issue building permits (upon payment of permit fees, public improvement inspection fees of one point twenty-five PETERSON 2 ND ADDITION DEVELOPMENT AGREEMENT PAGE50F10

6 percent (1.25%) of the CITY Engineer's estimated construction costs and satisfaction of Moscow City Code requirements) for DEVELOPER's development. The security amount shall be determined by the CITY Engineer and shall fully cover the entire cost of the required public improvements identified and described herein, as such public improvements are required for each Phase of the Peterson 2nd Addition development. 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 form of security acceptable by CITY. Such security shall be provided to CITY prior to the issuance of building permits by CITY for each approved Phase. The security must be effective for a minimum period of sixteen (16) months from the date of the issuance of the first building permit for each approved Phase. If 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. The amount of the security may, from time to time, be modified as deemed appropriate by the Moscow CITY Engineer, as conditions warrant. If DEVELOPER fails to complete installation of the public improvements as required by CITY, CITY may attach the security and cause the improvements to be made or CITY may cause improvements to be made and attach a lien on the property in the amount of CITY expense incurred as a result of DEVELOPER's failure to comply with this Agreement. 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. 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 cease issuing building permits and shall revoke any building permits and/or occupancy 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 and/or occupancy permits are revoked pursuant to this Section, such building permits and/or occupancy permits shall be reissued upon receipt by CITY of new or additional security as required herein. VIII. PARKLAND DEDICATION: Prior to construction of the subdivision, DEVELOPER agrees to voluntarily dedicate as parkland for the Peterson 2nd Addition to CITY, a parcel of approximately 3.09 acres, shown on the attached Exhibit "A" as Tract "A". Of said 3.09 acres, 0.40 acres is included as the result of the exchange with DEVELOPER of a portion of CITY-owned property described in Warranty Deed No The net area of parkland dedicated from DEVELOPER's property is 2.69 acres ( ) of which 1.78 acres is the minimum required parkland dedication under Moscow City Code and 0.91 acres is additional dedication voluntarily provided by DEVELOPER above and beyond the minimum parkland dedication requirement. Said parkland dedication, together with PETERSON 2ND ADDITlON DEVELOPMENT AGREEMENT PAGE60F 10

7 54250]. certain agreed upon improvements to the parkland property, shall satisfy all parkland dedication required in Moscow CITY Code Section 5-1-5(F) for the Peterson 2"d Addition. Improvements include construction of a pedestrian pathway located between Lot 4 and Lot 5, Block 2, and the construction of a ten foot (1 0') wide separated pedestrian and bicycle pathway and a widened tree lawn of fourteen and one-half feet (14.5') in width along the entire length of the west side of Baker Street within the Peterson 2"d Addition. DEVELOPER shall be solely responsible for all required street, pathway, sidewalk and utility improvements adjacent to said parkland dedication within the proposed Peterson 2"d Addition Subdivision development. IX. SUBDIVISION IMPACT MITIGATION DEVELOPER agrees to voluntarily contribute thirty four thousand eighty four dollars ($34,084) to CITY as DEVELOPER's proportionate share of the required improvements to the intersection of 'A' and Baker Streets necessary to mitigate the impact of the proposed Peterson 2"d Addition Subdivision development and to provide for CITY's ability to maintain CITY's current levels of service. Such voluntary mitigation contribution by DEVELOPER shall be made in four ( 4) equal installments of eight thousand five hundred twenty one dollars ($8,52 1) per each approved Phase, to be provided to CITY prior to the issuance of building permits in each of the four (4) approved Phases. X. WARRANTY A. All required public improvements once constructed and accepted by CITY for ownership and maintenance shall remain free of defects in materials and workmanship for a period of one (1) year following the date of CITY's written acceptance of such required public improvements (i.e., warranty period). B. DEVELOPER shall be responsible for correcting any and all deficiencies which occur within the one (I) year warranty period. C. Prior to issuance of any building permit in the development, a warranty security in the amount of fifteen percent (15%) of the estimated value of the required public improvements, as determined by CITY Engineer, shall be furnished to CITY by DEVELOPER. This warranty security shall be held by CITY and shall be in effect for a minimum period of one ( 1) year from the date of CITY's written acceptance of the public improvements described in Section II of this Agreement. D. If DEVELOPER fails to correct all deficiencies within a reasonable amount of time, CITY may claim the warranty security and correct the deficiencies. E. The warranty security may be in any form allowed under Section VII of this Agreement. XI. STREET TREES: PETERSON 2ND ADDITION DEVELOPMENT AGREEMENT PAGE70F 10

8 DEVELOPER agrees to voluntarily contribute to CITY Twenty Eight Thousand One Hundred Dollars ($28, I 00) to be placed in a street tree fund to be distributed to lot owners in the Peterson 2" d Addition Subdivision for the purchase of street trees in such subdivision. The street tree fund amount for this subdivision (as calculated by CITY pursuant to Resolution No ) shall be provided to the homeowner of subdivision lot or Jots for the purchase of street trees to be planted in said subdivision lot or lots, in accordance with current CITY of Moscow Standard Specifications and Drawings. Payment of the street tree fund amount may be paid by phase in accordance with the approved phasing plan and shall be received by CITY prior to issuance of any building permits in said phase of the subdivision. XII. AS-CONSTRUCTED ORA WINGS: DEVELOPER agrees to furnish, prior to acceptance by CITY of the public improvements as required herein, one (1) set of accurate, complete, Mylar, final as-constructed drawings for the public improvements described herein, unless such requirement is waived by the CITY Engineer. XIII. FAILURE TO COMPLY: DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement. XIV. BINDING ON HEIRS, ASSIGNS AND PURCHASER: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of and/or within the property described herein. DEVELOPER may assign all or part of this Agreement upon prior acknowledgment and approval of such assignment by CITY Engineer, such approval not to be unreasonably withheld. Upon approval of such assignment by CITY, DEVELOPER shall be released from all responsibilities under this Agreement. XV. OCCUPANCY: DEVELOPER agrees that no person shall be allowed to occupy any approved Phase of the development for any purpose until the described public improvements for said Phase of the development are completed and accepted by CITY for maintenance or as otherwise provided for by a subsequent development agreement between the parties. XVI. 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. XVII. MODIFICATION: PETERSON 2 ND ADDJTION DEVELOPMENT AGREEMENT PAGE80F 10

9 DEVELOPER and CITY agree that the provisions of this Agreement may be modified only upon request of DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by CITY, through its City Council or by a subsequent development agreement between the parties. XVIII. 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. XIX. 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 addressed: DEVELOPER: Robert C. Peterson 2733 Sunset Drive Lewiston, ID CITY: Nancy Chaney, Mayor City of Moscow P 0 Box 9203 Moscow, ID Phone: (208) Facsimile: (208) XX. UNDERSTANDING: 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. THIS AGREEMENT was examined and approved by action of the Moscow City Council at a regular meeting with a quorum present on the to day of Detl..m\o.LC, IN WITNESS WHEREOF, the parties have executed this Agreement to be effective the date first above written. DEVELOPER: CITY City of Moscow, Idaho (. PETERSON 2 ND ADDJTJON DEVELOPMENT AGREEMENT PAGE90F 10

10 Robert C. Peterson Nancy Chaney, Mayor ACKNOWLEDGEMENT STATE OF IDAHO ) ) ss: COUNTY OF LATAH ) On this.2() day of 1)g,c R m b,o.,y-, 2010, before me, the undersigned, an otary in and for said State, personally appeared Robert C. Peterson, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein above written. (seal) ARY PUBLIC for Residing at VYl.o s ci?j\..a:) My Commission Expires '-( - Moscoyu. l (c)a.,ho /- ;)..01 5L PETERSON znd ADDITION DEVELOPMENT AGREEMENT PAGE IOOF 10