HomeMy WebLinkAboutNon-Build Agreement with Skyline Development for Non-Occupancy Agmt Vienna Woods Sub 2RECDRDE~}- REQUEST QF
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J. Q~~'~IO P~AYARRO
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Non-Build Agreement
AGREEMENT made this ~ day of , 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 #2
(FP-99-027) 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 MERI IAN
By.
Gary D: Smith, .E., City Engineer
SKYLINE D ME CO.
By:
Tucker M. nson, Representative
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STATE OF IDAHO, )
ss.
County of Ada, )
On this~~~ y of ~ , 20 ~ , before me, the undersigned, a Notary
Public in and for said State, perso Ily appeared GARY D. SMITH; P.E., known to me to be the
City Engineer of the City of Mendian, 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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NOTARY PUBL C FOR IDAHO
RESIDING
MY COMMISSION EXPIRES -
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County of Ada, ~'~ )
On this ~-day of ~ , 20 ~ ,before me, the undersigned, a Notary Public
in and for said State, personally ppeared TUCKER M. JOHNSON representing Vienna Woods
Subdivision #2, 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 f+rst above written.
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NOTARY PUBLI ,QR IDAH
RESIDING AT ~'~'f'
MY COMMISSION EXPIRES
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Satisfaction of Non-build Agreement
This is to certify that SKYLINE DEVELOPMENT COMPANY, has satisfied all
Meridian Public Works Department water and access requirements referred to in the agreement
between the CITY OF MERIDIAN and SKYLINE DEVELOPMENT COMPANY. dat~Y~May 18~',
2000, and recorded into Ada County Records as Instrument Number 100040594. The City of
Meridian will not protest the issuance of building permits in Vienna Woods Subdivision #2 (FP-
99-027) based on said requirements, and the City of Meridian hereby releases SKYLINE
DEVELOPMENT COMPANY from its agreerr~nt not to build in the above-named subdivision.
CITY OF MERIDIAN
ey:
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~.OAYI~ f~AVARRU
STATE OF IDAHO, )
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County of Ada,
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On this~,~ d y of ~~ , 2040 ,before me, the undersigned, a Notary
Public in and for said State, perso 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 first above written.
SEAL ~ ~•'~OTA~~' ~ °~ NOTARY PUBLIC FOR IDAHO
RESIDING AT _ U.S`(\i~... ~~~.~~
~ *' °'" ~ * MY COMMISSION EXPIRES ~i~
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This sheet has been added to document
to accommodate recording information.
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RECORDS
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Non-Occupancy Agreement
AGREEMENT made this ~ day of P'j1 ~ , 20 D~, 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 #2
(FP-99-027) 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 MERI IAN
Gary D. Smith, .E., City Engineer
SKYLINE DEVEL PMENT CO.
By:
Tucker M. nson, Representative
STATE OF IDAHO,
County of Ada,
ss.
On this ~d of ~~ , 20 (~'~, before me, the undersigned, a Notary
Public in and for said State, perso 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 first above written.
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SEAL ? ,~~T A~ p
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STATE OF IDAHO, )
NOTARY PUBLI FOR IDAHO
RESIDING AT
MY COMMISSION EXPIRES -
ss.
County of Ada, )
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On this ~~ day of _ , 20 ~ ,before me, the undersigned, a Notary Public
in and for said State, personally geared TUCKER M. JOHNSON representing Vienna Woods
Subdivision #2, 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.
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SEAL = ~~TARy
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NOTARY PUBL R Ip HO,
RESIDING AT ~ ~~~~ Z~ °
MY COMMISSION EXPIRES ! 2 ~l~ - 1ot1~1