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HomeMy WebLinkAboutURA RES 2024-04 Phase 1 Completion, 7th & Main Developer, LLCRESOLUTION NO. 2024- A RESOLUTION OF THE CALDWELL URBAN RENEWAL AGENCY AUTHORIZING THE APPROVAL AND EXECUTION OF THE CERTIFICATE OF COMPLETION FOR 7Tn & MAIN DEVELOPER, LLC (PHASE I ONLY). BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency authorizes the approval and execution of the Certificate of Completion as attached hereof and set forth in full. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY this 12"' day of February, 2024. APPROVED BY THE CHAIRMAN OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL on this 12' day of February, 2024. ATTEST: SECRETARY 7th and Main Developer, LLC February 2, 2024 Urban Renewal Agency of the City of Caldwell, Idaho 411 Blaine Street Caldwell, Idaho 83605 RE: DISPOSITION AND DEVELOPMENT AGREEMENT —CERTIFICATE OF COMPLETION REQUEST To whom it may concern: In accordance with Section 9.1 and -Section 13.2 as outlined in -the Disposition and -Development Agreement between Urban Renewal Agency of the City of Caldwell, Idaho (Agency) and 7th and Main Developer, LLC (Developer) dated April 26th, 2021, Developer is formally requesting a Phase 1 Project Certificate of Completion. An amended and modified Certificate of Completion has been included with this letter. All modifications to the Certificate of Completion were made in coordination with Mark Hilty. In addition, the City of Caldwell issued project Certificates of Occupancy for Permit numbers BC21-000226 and BC22-000046 on December 1, 2023. Please do not hesitate to reach out with any questions. Sincerely, Matt Neilson matt@dechase.com deChase Miksis CC: dgeyer@cityofcaldwel1.org Mark Hilty Hamilton, Michaelson & Hilty, LLP 1303 —12th Avenue Road Nampa, Idaho 83686 mhilty@nampalaw.com CERTIFICATE OF COMPLETION OF [0] kill 1;11Ii I (I] ► [o] A I IT, 19 11141vl 4 k11ri 14 a> F9 (7" and Main Disposition and Development Agreement) The Urban Renewal Agency of Caldwell, Idaho the "Agency"), an independent public body corporate and politic, exercising governmental functions and powers and organized and existing under the Idaho Urban Renewal Law of 1965 (Chapter 20, Title 50, Idaho Code), whose street address is 411 Blaine Street, Caldwell, Idaho 83605, hereby certifies that all the required improvements, construction and redevelopment regarding Phase I of the 7th and Main Development Project (the "Project") have been completed. 71' and Main Developer LLC, having its principal office at401Westidaho Street, Boise, Idaho 83702 ("Developer"), is the developer of the Project, Phase I of which is located on --that-certain-real-property described -in -Exhibit A annexed -hereto and by this reference incorporated - herein (the "Site"). The construction and completion of Phase I of the Project on a portion the Site has been completed in accordance with the provisions and conform with the uses specified in the Urban Renewal Plan for the Caldwell East Urban Renewal Project (the "Plan"), which Plan is incorporated herein by reference. Phase I of the Project as constructed also meets the requirements set forth in the Disposition and Development Agreement dated April 26, 2021 (the "DDA"), between the Agency and Developer, which DDA is incorporated herein by reference. This Certificate for Phase I of the Project is issued in accordance with Sections 9 and 10 of the DDA, for Phase I of the Project only, and only for said purposes of Sections 9 and 10. This Certificate of Completion for Phase I of the Project shall be a conclusive determination of the satisfaction of the agreements and requirements by both Developer and the Agency as set forth in the DDA as it relates to the Phase I of the Project, provided that the Agency does not hereby relinquish any right to enforce the covenants that specifically survive such completion of construction and remain as terms of the DDA, including without limitation Developer's obligation to complete Phase II of the Project, the Special -Warranty Deed—dated-March-31—2022,-recorded on April-1-2022 I bearing — Instrument No. 2022-017824 (the "Deed") conveying the entire Site to 7th and Main Investment LLC from the Agency. [end of text] CERTIFICATE OF COMPLETION OF CONSTRUCTION OF IMPROVEMENTS 7th and Main Disposition and Development Agreement - 1 DATED this 1 day oft n AA - 2024. Urban Renewal Agency a C' y of Caldwell, Idaho Jim 2024 STATE OF IDAHO of THE C"P e ORYOR'q yati SEAL ss. COUNTY OF CANYON ) This record was acknowledged before me on 2024, by Jim Porter, the Agency Director of Urban Renewal Agency of the City of Caldwell, Idaho. rf Notary Pu i for the State of Ida �to�/ �1 My Commission Expires rc� .toa CERTIFICATE OF COMPLETION OF CONSTRUCTION OF IMPROVEMENTS 711 and Main Disposition and Development Agreement - EXHIBIT A Legal Description of Phase I A parcel of land located in Block 3, according to the Revised Map of Caldwell Original, Canyon County, Idaho, filed in Book 1 of Plats at page20, records of said county, being located in the Southwest quarter of Section 22, Township 4 North, Range 3 West, Boise Meridian, City of Caldwell, Canyon County, Idaho, being more particularly described as follows: Beginning at the Northeast comer of said Block 3, said point being on the northwesterly right-of-way line of 7th/ Avenue and North 51 "46'09" West 421.19 feet from the CPT NO.2-BCP per the Caldwell Engineering Department Survey Stamped 5/12/17 at the intersection of Main Street and Kimball Avenue and running; thence South 43"4532" West 206.04 feet along the northwesterly right -of --way line; thence North 46002'45" West 75.08 feet; thence South 43°45'18" West 50.17 feet to the northeasterly right-of-way line of Arthur Street; thence North 46011'34" West 99.77 feet along the said northeasterly right-o_f-way_to the northwesterly line of Lot 22; thence North 43"45'19" East 127.92 feet along said northwesterly lot line to the centerline of the vacated alley per Instrument No. 2017-029537; thence North 46014'28" West 10.00 feet along the said centerline; thence North 43"45'18" East 128.05 feet to the southwesterly right-of-way line of Main Street; thence South 46012'58" East 184.86 feet along said southwesterly right-of-way line to the point of beginning. Contains 42,280 SQ. FT. OR 0.970 Acres 4/1/22 17793 CERTIFICATE OF COMPLETION OF CONSTRUCTION OF IMPROVEMENTS 7th and Main Disposition and Development Agreement -