HomeMy WebLinkAboutAddendum to Municipal Services Agreement MS-20-01Addendum to Municipal Services Agreement (MS-20-01, Res. No. 184-20)
ADDENDUM
To
MUNCIPAL SERVICES AGREEMENT (MS-20-01, RES 184-20)
Recorded 8/6/2020, Instrument # 2020-043549
Subdivision originally referred to as Chicosa Creek
(hereinafter known as Chickasaw Subdivision)
This addendum (“ADDENDUM”) to the Municipal Services Agreement (MS-20-01) (“AGREEMENT”),
dated July 7, 2020, is executed as of the ___________day of _________, 2023 (“Effective Date”), by and
between Roosevelt Star LLC, an Idaho Limited Liability Company (“DEVELOPER”), and the City of
Caldwell, a municipal corporation of the State of Idaho (“CITY”), collectively referred to as
(“PARTIES”).
WHEREAS, the PARTIES entered into a Municipal Services Agreement in July of 2020 for the
purpose of extending public utilities to the Chicosa Creek subdivision, and ensuring city standards were
met at the time of development of the real property that was not contiguous to the corporate limits of the
City, and within the County of Canyon;
WHEREAS, the CITY, in January of 2023, received a request for annexation of the real property
into the corporate limits of the City, and for the approval of a preliminary plat for the Chickasaw
subdivision (previously known as Chicosa Creek);
WHEREAS, the CITY reviewed the proposed development based on current city codes, master
plans, and policies;
WHEREAS, the CITY has determined the need to amend certain portions of the Municipal
Services Agreement to reflect the additional and/or revised development conditions; and
WHEREAS, the CITY and DEVELOPER have mutually agreed to such amendments based on
the conditions and requirements set forth in this ADDENDUM.
BE IT THEREFORE RESOLVED, the CITY and DEVELOPER agree to the following:
I. Sections I through XI of the original Municipal Services Agreement (MS-20-01):
A. All stipulations and conditions as specified within the original recorded Municipal Services
Agreement, recorded on 8/6/2020, are still applicable, with the exception of the following:
1. Any new conditions of development as proposed by city staff or the governing
boards, and made part of the final signed City Council Finding of Facts, Conclusions
of Law, and Order of Decision document, as approved by the City Council
(“ORDER”), that were not part of the original AGREEMENT shall be applicable,
and shall be in addition to the stipulations and conditions within the original
AGREEMENT;
2. In the event of a conflict between any condition of development made part of the
final signed City Council Finding of Facts, Conclusions of Law, and Order of
Decision document, as approved by the City Council (“ORDER”), and the original
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Addendum to Municipal Services Agreement (MS-20-01, Res. No. 184-20)
AGREEMENT, the conditions as specified within the ORDER shall take precedent;
and
3. In the event that a condition(s) made part of the final signed City Council Finding of
Facts, Conclusions of Law, and Order of Decision document, as approved by the City
Council (“ORDER”), are more restrictive or stringent that the stipulation or
conditions as specified with the original AGREEMENT, the more stringent
requirements or conditions, as specified within the ORDER shall apply.
II. Effective Date:
This addendum shall become effective upon the signing and execution of this addendum by both
parties.
IN WITNESS WHEREOF, the PARTIES have agreed and have executed this ADDENDUM.
Dated this ________ day of _________, 2023.
CITY OF CALDWELL, a municipal
corporation organizes and existing
under the laws of the State of Idaho
By: ___________________________________
Jarom Wagoner, Mayor
ATTEST:
______________________________________
Debbie Geyer, Caldwell City Clerk
STATE OF IDAHO )
) ss.
County of Canyon )
On this ______ day of _________________, in the year ______, before me, the undersigned,
a Notary Public in and for said State, personally appeared JAROM WAGONER, known to me to be
the MAYOR of said municipal corporation that executed this instrument and the persons who executed
the said instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
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Addendum to Municipal Services Agreement (MS-20-01, Res. No. 184-20)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first written.
___________________________________________
Notary Public
Residing at: _________________________________
My Commission Expires: ______________________
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Addendum to Municipal Services Agreement (MS-20-01, Res. No. 184-20)
PROPERTY OWNER(S) / DEVELOPER:
By:_____________________________________
Marty Goldsmith, Roosevelt Star LLC
STATE OF IDAHO )
) ss.
County of Canyon )
On this ______ day of _________________, in the year ______, before me, the undersigned,
a Notary Public in and for said State, personally appeared___________________________, known or
identified to me to be an owner of the property referenced herein and the persons who executed the
foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first written
___________________________________________
Notary Public
Residing at: _________________________________
My Commission Expires: ______________________
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