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HomeMy WebLinkAboutNon-Build Agreement with Skyline Devlopment for Non-Occupancy Agmt Vienna Woods Sub 1_ , r ,~. ~f•,~f~~ ZQ~B HY 2 5 P~ 1 ~ 2 RECORQE~ ~ ~E{}UE~T aF F~~~ o~PUjY ~S~DQ~405'~2 This sheet has been added to document to accommodate recording information. W~ Non-Build Agreement AGREEMENT made this ~_ day of ~1'I ~~ , 20~, by and between the City of Meridian, hereinafter referred to as "CITY" and Skyline Development Company, 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 Vienna Woods Subdivision (FP- 99-026) agrees not to build structures within that subdivision until such time as the Meridian Public Works Department water and access requirements for the above-named subdivision have been complied with. SECTION TWO CITY, in exchange for DEVELOPER"S agreement not to build within the above-named subdivision 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 access requirements have not been met. SECTION THREE DEVELOPER and CITY agree that no building permits will be applied for or issued in the subdivision until such time as the above-mentioned conditions have been met. This agreement will not effect 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 WHITNESS WHEREOF, the parties have executed this agreement at the City of Meridian, the day and year first above written. CITY OF M IDIAN R By: v Gary D. Smi , P.E., City Engineer SKYLINE DE LOPMENT CO. sy: Tucker Johnson, Representative ~~ ~ STATE OF IDAHO, ss. County of Ada, ~) On this day of ~ , 20 ~, before me, the undersigned, a Notary Public in and for said State, person Ily appeared GARY D. SMITH, 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. ~~~ Doti ~, ~ .. ~-AA,A ,~'~ ~ ~r ~ x ea 'c ~'r.,. `. SEAL ~' T ,. ~~~ =; m o f rr~r ~.~/ o a ;, °~~~an~~G~~©~~,~s STATE OF IDAHO, ) ss. County of Ada, ) NOTARY PUBLIC FOR IDAHO RESIDING A MY COMMISSION EXPIRES - ~t On this f'8 day of ~~ , 20 ~ ,before me, the undersigned, a Notary Public in and for said State, personally ppeared TUCKER M. JOHNSON representing Vienna Woods Subdivision, known to me to be the above-named person who executed the within instrument on behalf of Skyline Development Co, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~ ~' ~,oTARy ti ~p P . ~1'~~ NOTAR PURL FOR Ip-}~HO RESIDING AT fytP~'~a~~ ~ ~~~ ` MY COMMISSION EXPIRES /7 -1 - 0 ~ ~ Satisfaction of Non-Build Agreement This is to certify that SKYLINE DEVELOPMENT COMPANY has satisfied al! Meridian Public Works Department water and access requirements referred to in the reement between the CITY OF MERIDIAN and SKYLINE DEVELOPMENT COMPANY dat~May 18~', 2000, and reconied into Ada County Records as Instrumen# Number 10004fl592. The City of Meridian will not protest the issuance of building permits in Vienna Woods Subdivision (FP-99- 026) based on said requirements, and the City of Meridian hereby releases SKYLINE DEVELOPMENT COMPANY from its agreement not to bui~ in the above-named subdivision. CITY OF ERIDIAN , By: ary D ith, P.E., City Engineer STATE OF IDAHO, ss. County of Ada, ) On this day of ~~N , 2000 ,before me, the undersigned, a Notary Public in and for said State, personally appeared GARY D. SMITH, P.E., known to me to be the City Engineer ofi 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 fiirst aboyg written. . ,rt,. SEAL ~ .* : ...~ ; ~ ~ ~, 1G ? C 'i UBL •O o~9TE DF 1"9~:~~• '.,~ ., s ~ NOTARY PUB I FOR IDAHO RESiDlNG A ,,•~ MY COMMISSION EXPIRES r` :~,~~~, COt1 TY nEC4RI~ER r~ ZOflf~ Jf_ 20 Pfd f2~ 5~7 C~1~Q~~- i2lrliU~ST ~~~J ~E~~ GEPUTY --- ~^ ~- RECORDED-REQUEST £!F aDa au~TY ~~~D~D~r~ C~~ ,r. ~v~~ ~~~U~~~~ ~''~~~", ~~~~ FEE. ...DEPUTY ~~2~ P,~ ~=25 `~~l O0~4d ~~~ This sheet has been added to document to accommodate recording information. r' Non-Occupancy Agreement AGREEMENT made this ~ day of r4 , 20~, by and between the City of Meridian, hereinafter referred to as °CITY° and Sky ine Development Company, 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 Vienna Woods Subdivision (FP- 99-026) agrees not to allow occupancy of any structures within that subdivision until such time as the Meridian Public Works Department water and sewer requirements for the above-named subdivision have been complied with. Developer shall provide formal notification of this agreement to each buyer at the time any lot is conveyed by Developer. SECTION TWO CITY, in exchange for DEVELOPER"S agreement not to allow occupancy within the above-named subdivision 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 this agreement will not effect 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 WHITNESS WHEREOF, the parties have executed this agreement at the City of Meridian, the day and year first above written. CITY OF M RIDIAN By: Gary D. S h, P.E., City Engineer SKYLINE DEVELOPMENT CO. By: Tucker M. nson, Representative a ~,' STATE OF IDAHO, ) County of Ada, ss. On this ~~ y of , 20 ~, before me, the undersigned, a Notary Public in and for said State, pens ally appeared GARY D. SMITH, 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 frst above written. SEAL ~ SOT AR r .~ s*. _.~ s* i•. pUgL~~ ~: ~~ • ~, •• ~4 s ,~~•~. _ E 0 F 19..•`x. STATE OF IDAHO, ) County of Ada, ss. V... NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES - ~h On this, clay of ~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally peared TUCKER M. JOHNSON representing Vienna Woods Subdivision, known to me to be a above-named person who executed the within instrument on behalf of Skyline Development Co, and acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ofFcial seal the day and year first above written. ., SEAL ~'~ CD ~pT aRy s a# AFB 1.~G /aV~1O NOTARY PU C FORBID HQ RESIDING A r'l ~ l ~ Z~' MY COMMISSION EXPIRES _ ~/L -/.~ = p