HomeMy WebLinkAboutNon-Build Agreement with Havasu Creek, LLC for Cobre Basin #3
ADA COUNTY RECORDER J. DAVID NAVARRO X3
BOISE IDAHO 03115/04 03:44 PM
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Meridian City 104028794
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This sheet has been added to document
to accommodate recording information.
Non-Build Aareement
AGREEMENT made this 11th day of March, 2004, by and between the City of Meridian,
hereinafter referred to as "CITY" and Havasu Creek, LLC, hereinafter referred to as
"DEVELOPER".
The parties to this agreement, in consideration of the mutual covenants and stipulations
set out herein, agree as follows:
SECTION ONE
DEVELOPER, as applicant for the subdivision known as Cobre Basin Subdivision #3
(FP-04-013) agrees not to build structures on lots19-22 block 17 of that subdivision until such
time as the water and sewer mains and services required for the above lots have been
completed, and the Meridian Public Works Department has approved said water and sewer
mains and services for the referenced lots. Lot 23, Block 17, will also be subject to this non-
build restriction, unless the proposed single family residence for that lot is constructed with its
front door and attached garage facing west with access to said residence off N. Legacy
Common Ave.
SECTION TWO
CITY, in exchange for DEVELOPER'S agreement not to build on the above-named lots
until the above-mentioned requirements are met, will not refuse to sign the final plat of the
above-named subdivision on the basis that the Meridian Public Works Department's water and
sewer requirements have not been met.
SECTION THREE
DEVELOPER and CITY agree that no building permits will be applied for or issued on
the above-named lots until such time as the above-mentioned conditions have been met. This
agreement will not affect the rights of the parties to issue or be issued a building permit which
would have been legally obtainable prior to the subdivision of the subject property.
SECTION FOUR
This instrument contains the entire agreement between the parties, and no statement,
promises, or inducements made by either party or agent of either party that is not contained in
this written contract shall be valid or binding; and this contract may not be enlarged, modified, or
altered except in writing signed by the parties and endorsed heron.
SECTION FIVE
This agreement shall ensure to the benefit of and be binding upon the heirs, executors,
administrators, assignees, and successors of the respective parties.
IN WITNESS WHEREOF, the parties have executed this agreement at the City of
Meridian, the day and year first above written.
CITY ZRID}~~ -
By: ~~
Brad Watson, P.E., City Engineer
HAVASU CREEK, LLC
By: ~~~
Marty läsmith, Member
Non-Build Agreement - 1
STATE OF IDAHO
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County of Ada
On this lð day of i\\C\.~ ~ n , 2oCiÌ, before me, the undersigned, a Notary
Public in and for said State, personally appeared BRAD WATSON, P.E., known to me to be the
City Engineer of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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STATE OF IDAHO
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County of Ada
On this II'l:b.dayof Mo..r~ , 20~, before me, a Notary Public in and
for said State, personally appeared Marty Goldsmith, known or identified to me to be the
Member of Havasu Creek, LLC, an Idaho limited liability company, and the Member or one of
the Members who subscribed said liability company name to the foregoing instrument, and
acknowledged to me that he executed the within instrument on behaif of said limited liability
company, and that such limited liability company executed the same in said company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Non-Build Agreement - 2
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NOTARY PUBLIC FOR IDAHO
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