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PLANNING AND ZONING
DATEITEM SIIBMITTED BY
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BE IT HEREBY RESOLVED by the Mayor and Council of rhe City of Caldrvell, Idaho, that
the Mayor of said City is hereby authorized to execute that certain "Acknowledgemenr of
Completion of Obligations", as pertaining to Skyway Business Park Instrument No, 200329590
and which said certain Acknowledgement is attached ltereto, and made a part hereof, as set forth
in tutl.
PASSED BY COUNCIL of the City of Caldwell, this 18s day of October 20i0.
APPROVED BY THE MAYOR of the City of Caldwell, Idaho, this 18d'day of October 2010.
By'Attest:
Mayor City
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ACKNOWLEDGEMENT OF COMPLETION OF OBLIGATIONS
This Acknowledgement of Completion of Obligations is made tf,i, 1f,ftay of October, 2010,
by the CITY OF CALDWELL, an Idaho municipal colporation 1',tity";, to acknowledge the
completion of obligations set forth in the "Agreement for Deferral of Public Improvement
Construction Re: Individual Lot Developmenf' dated April 1, 2001 (hereinafter "Agreement"),
which document was recorded in the Office of the Canyon County Recorder on April 16,2001,
as Instrument No. 200114041, as set forth herein.
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WHEREAS, following approval of the Preliminary Plat perlaining to Skyway Business Park by
the Caldwell City Council, on April 2,2001, the City and Caldwell Unlirnited, Inc., an Idaho
corporation, entered into the Agreement which, in substance, allowed for the deferral of
construction of certain public improvements located on and pertaining to that certain real
property located Canyon County, which real property is more fully described in Exhibit ,.A',
hereto; and
WHEREAS, the property referenced in Exhibit "A," was transferred from Caldwell Unlimited,
lnc. to the Gilbert Family Limited Partnership by way of a Waranty Deed dated July 10, 2002,
recorded on the same date as Instrument No. 200231052; and,
WHEREAS, a portion of the property described in Exhibit "A" was ransferred by the Gitbert
Family Limited Partnership to Norfleet Developments, LC by way of three Warranty Deeds,
dated and recorded in the Office ofthe Canyon County Recorder, as follows: (l) Waranty Deed
dated July 21,2005, recorded luly 22,2005, as Instrument No. 200544039; (2) Wananty Deed
dated July 22,2005, recorded the same date as Instrument No. 200544041; and (3) Warranty
Deed dated January 24, 2006, recorded January 26,2006, as Insrument No. 200605852.
WHEREAS, those portions of property transfened by the Gilbert Farnily Partnership to Norfleet
Developrnents, LC, referenced in the previous paragraph, were transfemed back to the Gilbert
Family Partnership by way of three Quitclaim Deeds dated May 31,2010, and recorded on June
18, 2010 in the Office of the Canyon County Recorder as Instrument Nos. 201028122,
201028124, and 201028126, respectively; and
WHEREAS, all established conditions and required improvements for Final Plat approval were
completed, and said Final Plat was approved on April 21,2003, and recorded in the O{Iice of the
County Recorder on May 19, 2003, as Instrument No, 200329590; arid
WHEREAS, the construction of irnprovements defened by the Agreement has been completed in
accordance therewith, save only each individual lot's street landscape buffer, which, in the
absence of the Agreement, would sti.ll be required to be completed prior to the issuance of a
Certificate of Occupancy for any individual lot.
ACKNoTYLEDCEIITDNT oF CoNpLF.TtoN or OBr.tcATloNs- P^cE I
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NOW, THEREFORE, the City hereby acknowledges the completion of all obligations set forth
in the Agreement referenced above, save only each individual lot's street landscape buffer,
which, in the absence of the Agreement, would still be required to be completed prior to the
issuance ofa Certificate ofOccupancy for any individual lot,
IN WITNESS WHEREOF, this Acknowledgement of Completion of Obligations has
been executed the day and year set forth above,
CITYOFCALDWELL,
an Idaho Municipal Corporation
By: Garret Nancolas, Mayor
Attest:
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Debbie Geyer, Ci ty
STATEOFIDAHO )
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County of Canyon )
On this /,? day of october, 2010, before me, a Notary Public in and for said State,
personally appeared Garret L. Nancolas, known or identified to me, to be the Mayor of the City
of Caldwell, and acknowledged to me that he executed this Acknowledgement of Completion of
Obligations on behalfofthe City of Caldwell and in his capacity as Mayor theteof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate fir'st above written.
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AcKNowLEDGENIEIiT oF CoiI|I,Lm.IoN oT OBLICATIoNS _ PAGE 2
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MEMORANDUM
To: Mayor Nancolas and Members of Caldrvell City Council
From: Anne Marie Skinner, Senior P Team Le
Brent Ofion, Public Works Directo
RE: Acknowledgement of completion o ligations
Date: October I l, 2010
Requested Action:
Approve the attached resolution and authorize the Mayor to execute the
referenced "Acknowiedgement of Completion of Obligations".
On April 16, 2001 an "Agreement for Deferral ofPublic Improvernent Construction Re:
Individual Lot Development" for Skyway Business Park was recorded as Instrument No.
2001 14041. The deferal agreement pertained to internal sidewalks and internal lot street
landscape buffers.
Since the time of recordation ofsaid Agreement for Defenal, Skyway Business Palk has been
recorded as a final plat (lnstrument No. 200329590) and all infrastructure improvements relating
to cui'b, gutter and sidewalk have been completed. There ale no outstanding items of completion
for Skyway Business Park related to City Engineer.ing Department requitements and there are no
outstanding letters ofcredit and./or bonds relating to Skyway Business Park.
The individual lots contained within Skyway Business Park have yet to accomplish installation
of street landscape buffers along the fiontages of Skyway Street, Freedom Avenue or Capital
Street. Such landscaping, however, is routinely made a part ofissuance ofa building permit and
subsequent ceflificate of occupancy and does not need to made a part ofany deferral agreements
to assur€ completion.
In short, all items ofsaid Agreernent for Deferal have been accornplished with the exception ot
individual street landscape buffers which aren't required to be completed until issuance ofa
certificate of occupancy anyway. The attached "Acknowledgement of Completion of
Obligations" states as much.
Staff recommends approval ofthe attached "Acknowledgement of Completion of Obligations".
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