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Home My WebLink About235 5th Ave W C-3192 . Twlp galls County,Idaho Recorded for: OF 67 TWIN FALLS, 12:13 m Ma 08,2003 20�3-011621 No. of FBGea° 3 . Fae• 49.00 ROBERT S. FORT CURB L GUTTER IMPROVEMENT DEFERRAL AGREEMENT Ex-Officio Recorder v II sAgreement made and entered into this day of 0V. u" , 20 O by and between the CITY OF TWIN FALLS, State of Idaho, a municipal corporation, hereinafter called "City", and Warran L Shi.11ington custodian for property of the children of Susan Pfefferele, hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed at 235 5U' Avenue West. WHEREAS, Developer. certifies that he is the owner in fee simple or the authorized agent of the owner in fee simple of the real property described on the attached Exhibit "A"; and, WHEREAS, .there is attached hereto and incorporated herein as if the same were set out in full, a certified copy of the deed to the above described real 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 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: Lease build for manufacturing exercise equipment; and, WHEREAS, the Developer is obligated to construct certain improvements, namely curb-gutter, pursuant to Title 10, Chapter 11 of the Twin Falls city Code; and, WHEREAS, the City is authorized, pursuant to Twin Falls city Code section 10-11- 5(B) (2) to defer said improvements; and, WHEREAS, the City Council on A0-f-O .Z, agreed to defer construction of the aforementioned improvements, WITNESSETH, that for and in consideration of the mutual promises, conditions and covenants contained herein, the parties agree as follows: I. City agre s: 1) to defer construction of the required curb and gutter until m -p. or until such time as the obligation of curb-gutter construction on adjacent property or properties allows the City Engineer to require construction under the conditions specified in City Code Section 10-11-5(B) (2). II. Developer agrees to: 1) complete construction of curb-gutter on the real property described above when required by the City Council. III. Developer further agrees that in the event the Developer fails to complete the aforementioned construction, the City may complete the 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, ,.Iabor.. and equipment necessary to completely construct all of the improvements required herein and to construct or contract for the construction of all such improvements. .. V . . Developer agrees to request in writing that the City Engineer and ZY other required department of the City make the following inspections and to riot proceed with construction until the required inspection is complete and the'City Engineer or his authorized inspector has approved the work in writing. All sxich inspections shall be scheduled fifteen (15) days prior to beginning work and the're for an inspection shall be made one working day before the required inspection. Developer agrees to apply all costs resulting from his failure to properly schedule and request a required inspection or from proceeding with work before 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 inspection; 2) approval of forms and gravel base before pouring any concrete curb' gutter or sidewalk; and 3) approval of finished curb-gutter. 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 performed any testing of manufactured materials required by the City Engineer. VII. Developer agrees to obtain any necessary permits from the Twin Falls Highway District or the State of Idaho Department of Hig'ways prior to construction 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 kind be taken to enforce the provisions hereof, the prevailing party shall be entitled to reasonable attorney fees and cost awarded by the Court. CITY O TWI FALLS 1 .\ DEVELOPER ayor STATE OF IDAHO STATE OFmt�c> On day of' I- 204t , On day of %,/h Fic c.- 20 U before me a notary public in and for before me a notary public in and for said State, personally appeared said State, personally appeared known to me to be the person who name known to me to be the person who name subscribed to the within instent, and subscribed to the within instrument, acknowledged to me that �ff1 and acknowledged to me that executed the same. executed the same ''*X8.36.0W".�n Notary PublicNotary Public t y'win Falls, Idaho Residing at /.r1,(,N. da /4-;1 - e?ba(o ••�'�OL}�oit��ion date _ -L t* P U 5'04 �O L YNOtgm pUBIJC 1 S J'�•••....•••�4`.� J s� �rw � • s z / r a - x Y I,, `�- '`-. ';S';i v - 4 .i, -S.. • h��+, R'�,. 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