HomeMy WebLinkAbout162 6th Ave N C-1372 ac
IMPROVEMENT DEFERRAL AGREEMENT
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Tiris Agreement riadeard entered into this day of c
19 by and between the CITY OF TWIN FALLS, S ate of Idaho, a municipal
corporation, hereinafter called "City", and Qj_ y, Ali_
hereinafter called "Developer", for the purpose of constructing certain
improvements on property sought to be developed at
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WHEREAS, Developer certifies that he is owner in fee simple or the e
authorized agent of the owner- in fee simple of the real property described
on the attached Exhibit "A"; and,
911EKEW. -there is ai:£acfie'd hehei:o and incorporated herein as if the same
were"set out in full, a certified copy of the deed to.the above described rea h
pro pert',marked"Exhibit: A"'" , showing ownership of said real property to be,
tn.,96e opeh;'Ifor, as the case may be, there is attached hereto and incorporated
herein as if the same were set out in full, a copy of the deed to the above
described real property showing ownership in fee simple in someone other
than Developer together with a notarized authorization, signed by the real
property owner, authorizing Developer to act on behalf of said real property
owner; and,
WHEREAS, Developer desires to develop said real property in the following
manner: Pro•fes 'o„a( O e- B.;I J.h and,
WHEREAS, the Developer is obligated to construct certain improvements,
namely curb-gutter and sidewalk, pursuant to Title 10, Chapt:r 11 of the
Twin Falls City Code; and,
4IIIEREAS, tire City is authorized, pursuant to Twin Falls City Code
Section 10-11-5(0)(2) to defer said improvements; and,
WHEREAS, the City Council on JJ4 lyy 1?8 S
agreed to defer construction of the afot'Amentioned improvements,
WITNESSETH, that for and in consideration of the mutual promises, conditions,
and covenants contained herein, the parties agree as follows:
I.
City agrees: 1) to defer construction of the required curb-gutter and
sidewalk until J,1.4 I5. 1987
or until such timeimeasT'obligation of curb-gutter and sidewalk construction
on adjacent property or properties allows tine City Engineer to require construction
under the conditions specified in City Code Section 10-I1-5(8)(2).
II.
Developer agrees to: 1) complete construction of curb-gutter and sidewalk
on the real property described above when required by the City Council. L;Y
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III. Ine
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Developer further agrees that in the event that Developer fails to complete
Lite aforementioned construction, the City may complete Lite construction at
the City's expense and may file a lien against the aforementioned property
for expenses incurred by the City in said construction.
IV.
Developer agrees to pay the total actual cost of all materials, labor and
equipment necessary to completely construct all of the improvements required
herei and to construct or contract for the construction of all such improvements.
V. C
Developer agrees to request in writing that the City Cogineer and any
other, required department of the City make the follaioinq inspections and to
not proceed with construction until Lite required 1nsHeetion 'is complete a+rd
the wurk has been aporoved in v,,HLlnq by the City engineer or his luthoii:rd
inspector. All such inspections sha11 be scheduled fifteen (15) days rrior to
beginning work and the request for ati inspection shall be made one v;Arking
day before Lite required inspection. Developer agrees to hay all costs re-
sulting from ills failure to ptaperiy schedule and request a required insilection
or fnom proceeding with worn, tzefore receiving approval to proceed. Developer
agrees to remove or correct any rejected, unapproved or defective work or
materials all as required by the City Engineer.
Required inspections shall include: 1) approval of all materials before o
inspection; 2) approval of forms and gravel base before pouring any concrete
curb-gutter or sidewalk; and 3) approval of finished curb-gutter and sidewalk.
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The Developer agrees to: 1) allow the City full and complete access to J
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the construction; 2) provide all materials necessary to conduct all tests;
and 3) provide the equipment and perform or have performed any testing of
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manufactured materials required by the City Engineer.
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e�? Developer agrees to obtain any necessary permits from the Twin falls
Highway District or the State of Idaho Department of Highways prior to
constructing imp.ovements on their respective rights-of-way if said permits
are required by the aforementioned agencies. A certified copy of said permit
or the original of said permit shall be submitted to the City prior to beginning
construction thereon.
This Agreem-nt shall be recorded and shall bind the parties hereto,
their heirs, successors in interest, and lawful assigns.
In tine event of a breach of this Agreement, or should legal action of
any kind be taken to enforce the provisions hereof, the prevailing party
shall be entitled to reasonable attorney fees and costs awarded by the
Court.
C111 OF T�l FALLS, 1DA110
la or
J�PAEST;
uty ty C er
t' D EL
STATE OF MA110,COUNTY OF STATE OF IDAHO,COUNTY OF
On tills r day afa Nb" .197S. On this 7 day,ttty4 ,19
before tile, o notary public In and for said State,per- before me,a notary public In and for snln d T3ulk,per-
schntiy appeared aonally appeared
kn6rr to nit to WAhe person'•x who V name lutown to ilia to be the Imitson shod nntna
r uU tlfletl to Uic wltbin instrument,and acknowlt:dtned sub ttlbed tb the wlUdn Insituttttnt,and arl.nutvitdgty)
urn l,hn! t?L tmutto ilia aatno. to me ulat 01 tip txecutcd ilia same.
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�..-.., NotarF Public ,
sidttr at 7\cln Frtlls,Ida o _ _ digt, in FYa1u, Idaho js +
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