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Home My WebLink About219 3rd E C-1194 r—�-� IMPROVEMENT DEFERRAL AGREEME'11 �+ l_' 1-`q agrees ThisA,reement made ar,#entered into this `day of { materia 19 by and between the CITY OF TVIN FALLS, State of Idaho, a municipal corporation, hereinafter called "City", and �„u: f Ian%"' r F.t hereinafter called "Developer", for the purpose of constructing. certain inspec improvements on property suught to be d-veloped, curb-o, 1 WHEREAS, Developer certifies that he is owner in fee simple or the uthorized agent of the owner in fee simple of the real property described on the attached Exhibit "A"; and, T the co WHEREAS, there is attached hereto and incorporated herein as if the same and 3) were set out in full, a certified copy of the deed to the above described real manufa Property, marked Exhibit "A', showing ownership of said real property to be in Developer, or, 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 i.a someone other thin Developer together with a notarized authorization, signed by the real Highwc Property owner, autharizing Developer to act on behalf of said real property const -owner; and, are r or th WHEREAS, Develo r desires to develop said real property in the following const maRr:er' yryr �t >�su % O '�'c and, WHEREAS, the Developer is obligated to construct certain improvements, their namely curb-gutter and sidewalk, pursuant to Title 10, Chapter 11 of the Twin Fails City Code; and, any ( tMEREAS, the City is authorized, pursuant to Twin Falls City Code shal' Section 10-11-5(B)(2) to defer said improvements; and, Cour' WHEREAS, the City Council on Ife 3 agreed to defer const"ruction of the aforementioned improvements, WITNESSETH, that for and in consideration of the mutual promises, conditions, and covenants contained herein, the parties agree as follows: TTE City agrees: 1) to defer construction of the required curb-gutter and PL sidewalk until J '1-7 SS ' or until such time as the obligation of curb-gutter and sidewalk construction on adjacent property or properties allows the City Engineer to require construction under the conditions specified in City Code Section 10-11-5(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. III. Developer further agrees that in the event that Developer fails to complete -,TAT£of the aforementioned construction, the City may complete the construction at on this the City's expense and may file a lien against the aforementioned property before W. for expenses incurred by the city in said construction. son:dly apX 1V, Developer agrees to pay the total actual cost of all materials, labor and egvip�(ent necessary to completely construct all of the improvements required herein and to construct or contract for the construction of all such improvements. known LnI zubucribtO V. �e m-the rtevcilopvl- agrees to request in writing that the City Engineer and any othet• require ` deparl.m„ent of the City make the following inspections and to licit proceed with construction until the required inspection is complete and the t•:ori, has boon approved in vriting by the City Engineer or his authorized 'rir�tdlny inspector. All such inspections shall be scheduled fifteen (IS) days prior to hcginning work and the request for an inspection shall be made one i.orking, day berore the required inspection. Developer agrees to pay all costs r•e- sulting rron his failure to properly schedule ,end request a regiiir-d inspection or fc`oin prucerding with wnrk before receiving approval to proceed. Davelor'eb;r 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 bercre _ 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. VI. The Developer agrees to: 1) allow the City full and complete access to the construction; 2) provide all materials necessary to conduct all tests; and 3) provide the equipment and perform or have performedany testing of manufactured materials required by the City Engineer. VII. i Developer agrees to obtain any necessary permits from the Twin Falls te of Idaho Department of Highways prior to Highway District or the Sta constructing improvements 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 Agreement shall be recorded and shall bind the parties hereto, their heirs, successors in interest, and lawful assigns. In the event of a breach of this Agreement, or should legal action of any ng kind be taken to enforce entitled to reasonable attorney f att rney fees provisions andawarded by party by the Court. CITY OF TllIN LLS, ID 0 BY Mayor ATTEST: p l y r DEVEL R �- STATE OF IDAHOj COUNT3C OF STATE OF 1DAH0,COUIv i i Or �/ t� 19 oe". on this /�, day b said Statc,per- [ Loci _ •Y9�' On this �/ day,-0f /1 before me, a notary public in an for said State:,per- before me, a notary public in and for sonally appeared sonally appeared /.A. (21 t.,O6tS D Iq t k known t me to be the person whop name known to me to be the person who name subscribed ter the within instrument,and acknowledged subscribed to the v,ith in in strumenbe eduLed thcleame. me that _,,._ - executed the same. tom that - ry Q f- Notary Public - 1u sld►ng at Twin Falls,Idaho lu lding at Twin I•- is,Idaho I l i ta>1itp�Nrr be>±o ' l 'HIS 'INDEIMItE, Made th.c A day of January, ! 1978, botween s. w7V LACE SEND, a ,Lngle man, Rrantor herein, a3i DAVSD L. cRWWDA3LE, a single an,, ,r nto herein, 1 k I T N S A E T 11: b TtAt he Grantor, for and in onsideration of the sum N [:l 7 'Sl .00 D LLARS lawfu money he red States of A-- r a, to th rantor 1 and aid y tJ rantee, the receipt 5 of w , i r.l - a , wledg•d, 'as granted, bargained and sold an by then(' prl,$ents do graht, larga,in, sell, convey and confirm unto 11 11 Vie ranitee, anti hzS e.i.rs and assigns forever, all the following Ins I d real estatg sit"uste in 1win Falls County, State of Idaho, 1_ ,to wt• ; • 1, Lots,:1,22, and 23, Ir glocc 54 of the Twin Fall. Ir ToWnsit3, according to the plat thereof, records of Sal"noun p, tog6tther with -11 appurtehan es there- 1' °• taxes, ass s ments and eas ments of rr rd Ind pparent. it `t•°r L! tll singular and -Anenentn, here it m nts 1' ereun'r, b. ,..D -1�a !r , do w Su a r ppertaln n , v r r -1d rs 1^ :.r,^ � 1 dSr ,nd r ' r•n! , f ur! ps dbn, r L01 and fr w in a uit 40 S ,. 9 ar CC hrrq's {t tj5 Jf 1_,r•�'_ Cx t. Sl4C }r a _ �.l J •1J1 r5, -Hk r+' 1'Id '.J 1 C:l i_ yyaw 7'fe- �r l it gn -• X JS .. 1 Eyi l�'yy v,(..r[' /i6r h' f �f�t � �°sy 2 ;: �:� '�.`i•+.�s issCrs.554:t,R>G 1,1;r4' iC �';in��.r�,:h1� hAF t fC x ,. r.s•x .?' c �,Xi �-r. r ;i.sxr, i'-'I.. , d .� �fyStie GM� Tr t ;�chu111 r5'alt r,.f Y ry - �Y ftitj;Y f`i rl,b ir,}ii F1'01 A7fr ' ra ,Ot 6 .�-fir i'c��Xlc..-•. '�'Ytf W,�r',,3,1��fC1,.,F,jID d�Y...., - I 5 Z Pt .d i �s 3TATt OF IDAHO COUNTY OF TWIN FAL1S SS' 1 HEREBY CERTIFY THE FOREGOING TO B j FULL, TRUE AND CORR.0 C P F r ORIGIM4 RECOFDED r Y_____ ' t . 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