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Home My WebLink AboutURA RES 2023-22RESOLUTION NO. <Z �2 3 -'- A RESOLUTION OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO FOR EXECUTION OF A SPECIAL WARRANTY DEED BETWEEN MUSSELL CONSTRUCTION, INC. AND THE CALDWELL URBAN RENEWAL AGENCY FOR CONVEYANCE OF PROPERTY LOCATED: LOT 10, 11, AND 12, BLOCK 19, CALDWELL ORIGINAL, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 1 OF PLATS AT PAGE(S) 20, RECORDS OF CANYON COUNTY. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF CALDWELL, IDAHO: Section 1: Agency hereby authorizes its Chairman to execute the Special Warranty Deed as set forth in full. Section 2: That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED AND APPROVED THIS 13" day of November, 2023. 2023-036787 RECORDED 11/15/2023 01:14 PM IIIIiiI III 00786928202300367870060066 III II III CHRIS YAMAMOTO CANYON COUNTY RECORDER Pgs=5 PBRIDGES NO FEE DEED CITY OF CALDWELL Space above this line for Recorder's use SPECIAL WARRANTY DEED The Urban Renewal Agency of the City of Caldwell, Idaho, an independent public body corporate and politic, of 411 Blaine St., Caldwell, Idaho 83605 ("Grantor"), for valuable consideration paid by Mussell Construction, Inc., an Idaho corporation, of 320 116' Ave. So., Ste 207, Nampa, Idaho 83651 ("Grantee"), does hereby sell, transfer and convey unto Grantee, all of that certain real property located in Canyon County, Idaho, and described on Exhibit A attached hereto and incorporated herein ("Property"). Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all estate, right, title and interest in and to the Property. To have and to hold, all and singular the Property together with its appurtenances unto Grantee and Grantee's successors and assigns forever. Grantor makes no covenants or warranties with respect to title, express or implied, other than that previous to the date of this instrument, Grantor has not conveyed the same estate to any person other than Grantee and that, except as set forth herein, such estate is at the time of the execution of this instrument free from encumbrances done, made or suffered by the Grantor, or any person claiming under Grantor, subject to any and all easements, restrictions, agreements and encumbrances of record or appearing on the land as of the date of this instrument. 1. The Property is conveyed subject to the Disposition and Development Agreement entered into by and between the Grantor and Grantee and dated August 10, 2020 as implemented by any subsequent implementation agreements between Grantor and Grantee (herein collectively referred to as the "DDA"). The full text of the DDA and any implementation agreements are available for review at the offices of the Grantor and the City of Caldwell, Idaho. 2. Prior to the issuance by the Grantor of a certificate of completion as provided in the DDA, the Property cannot be sold by Grantee for the primary purpose of land speculation. This prohibition shall not be applicable to a transfer or transfers to any entity or entities owned or controlled by the Grantee. This prohibition shall not apply to any of such Property (or any portion thereof) subsequent to the issuance of the certificate of completion with respect to the construction of the improvements thereon or to a sale of any such Property (or any portion thereof) at foreclosure (or to a conveyance thereof in lieu of a foreclosure) pursuant to a foreclosure thereof. This prohibition shall not be deemed to prevent the granting of easements or permits to facilitate the development of the Property or to prohibit or restrict the leasing or selling of any part or parts thereof or of any improvements constructed thereon. 3. The Grantee covenants by and for itself, its heirs, executors, administrators, assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property; nor shall the Grantee itself, or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. 4. No violation or breach of the covenants, conditions restrictions, provisions, or limitations contained in this Deed shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust, or other financing or security instrument permitted by the DDA. Provided, however, any successor of the Grantee to the Property shall be bound by such remaining covenants, conditions, restrictions, limitations, and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale, or otherwise. 5. Ad Valorem Tax Generating Uses. For a period of twenty (20) years from the recordation of this Deed, if any portion of the Property would qualify for exemption from ad valorem taxes due to (a) such portion being leased, conveyed, or transferred to an entity exempt or partially exempt from ad valorem taxes, or (b) such portion being utilized for any use that is exempt or partially exempt from ad valorem taxes, then the Grantee or owner of such portion of the Property shall be required to make a payment in lieu of taxes to the Grantor in a sum sufficient to compensate the Grantor and all other taxing districts for any revenue not received by them due to the tax exemption. Such payment shall be due within thirty (30) days after the related taxes would have been due. Nothing herein contained shall be deemed to prohibit Grantee or owner from contesting the validity or amounts of any tax, assessment, encumbrance, or lien or to limit the remedies available with respect thereto. 6. If Grantee fails to commence construction of the Project within six (6) months from the date of closing, Grantor shall have the continuing option to buy back the Property for the per square foot price paid by Grantee. Further, if construction, once commenced, is not diligently pursued to issuance of a certificate of completion, Grantor shall have the continuing option to buy back the Property for the per square foot price paid by Grantee plus the fair value of any construction. For purposes of this Deed, the term "commence construction" shall mean Grantee's acquisition of and payment for a building permit for construction of the Project in substantial conformance with the DDA. For purposes of this Deed, the term "not diligently pursued to completion" shall mean that Grantee is more than sixty (60) days behind the Project Schedule set forth in the DDA, Grantor has complied with notice provisions of the DDA and Grantee has not commenced a program to achieve compliance with the Project Schedule set forth in the DDA that is reasonably acceptable to Grantee. 7. Covenants contained in paragraphs 2 and 6 of this Deed shall remain in effect until Grantor has issued the Certificate of Completion pursuant to the DDA. Covenants contained in paragraph 3 shall run in perpetuity. Covenants contained in paragraph 5 shall remain in effect for twenty (20) years from November 1, 2023. The Grantor, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. If Grantee or any subsequent owner of any portion of the Property conveys any portion of the Property, such owner shall, upon the conveyance, be released and discharged from all obligations in connection with the portion of the Property conveyed by it arising under this Deed or the DDA after the conveyance but shall remain liable for all obligations in connection with the portion of the Property so conveyed arising under this Deed prior to the conveyance. The new owner of any such portion of the Property shall be liable for all obligations arising under this Deed with respect to such portion of the Property after the conveyance. 8. In the event of any express conflict between this Deed and the DDA, the provisions of this Deed shall control. IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized. GRANTOR: The provisions of this Deed are hereby approved and accepted: GRANTEE: Mussell Construction, Inc. Mike Mussell, President STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) On this f'd 1t�aay of Q , 2023, before me the undersigned, a Notary Public in and for said State personally appeared Jim Porter known or identified to me to be the Chairman of the Board of Commissioners of The Urban Renewal Agency of the City of Caldwell, Idaho that executed the said instrument, and acknowledged to me that such agency executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. '� r• PRY �'(� •• �2 is • n. • : COMMISSION : '. NUMBER *SEAL :, J'j%•• 69113 •: "O0*00000 OF 1`VVV C.• STATE OF IDAHO ) ) ss. COUNTY OF CANYON ) NOTA PUBLIC FOR IDAH Residence: My Commission E pires: On this Aay of , 2023, before me the undersigned, a Notary Public in and for said State personally appeared Mike Mussell known or identified to me to be the president, or vice-president, or secretary or assistant secretary, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •2 n• *SEAL : COMMISSION % NUMBER ; O :• 69113 ••• .� •,,,, e,OF.,v,,[. dmyA r NOTARY U LIC FO IDAHO Residence: Gfa My Commission xpires: U,a 0 EXHIBIT A (Legal description) Lots 10, 11 and 12, Block 19, Caldwell Original, according to the plat thereof, filed in Book 1 of Plats at page(s) 20, records of Canyon County