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Home My WebLink About305 Wall Ave C-928 f 305 A u I I 4.V C, i9,J-Ii!1 W.0- 7 5.0 11 *,W,- 66,0,I0� DEFERRAL AGREE14ENT This Agreement made and entered into this 10,"I day of by and between the CITY OF TWIN FALLS, State of Idaho, A municipal corporatir ., hereinafter called •City•, and �:s,h aMa� 1,e.aty G&. hereinafter called "Developer% for the purpose of constructing certain improvements on property sought to be developed. WHEREAS, Developer certifies that he is owner in fee simple or the authorized agent of the owner in fee simple of the following described real property: t and, WHERLAS, 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 W, 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 ownurj and, WHEREAS, Developer dr-wires to develop said real property If' th-- r(A1uwiny manner: C �) an w4.c do tine -�4 t and, WHEREAS, the Developer is obligated to construct certain improvements, namely curb-gutter as+ Ade r++*iisry pursuant to Title 10, Chapter 12 of the Twin Falls City Code; and, WHEREAS, the City is authorized, pursuant to Twin Falls City Code section 10-12-5(B) (2) , to defer said improvements; and, WHEREAS, the City Council on 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 agrees: 1) to defer construction of the required curb-gutter and sidewalk until 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 10-12-5(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 that Developer, fails to complete the a£orvnuvntienocl vonstruction, the City niay complete the construction at the City's expanse and may filt. a -2- L r 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 herein and to construct or con- tract for the construction of all such improvements. V. Developer agrees to request in writing that the City Engineer and any other required department of the City make the following inspections and to not proceed with construction until the required inspection is complete and the work has been approved in writing by the City Engineer or his authorized inspector. All such inspections shall be scheduled fifteen (15) days prior to beginning work and the request for an inspection shall be made one working day before the required inspection. Developer agrees to pay 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-gutte t and 3) approval of finished curb-gutter. VI. The Developer agrees to: 1) allow the City full and com- plete access to the: construction; 2) provide all materials neces- sary to conduct all tests; and 3) provide the equipment and perform or have pr -forr -d any testinq of manufactured materials required by the City En ;inenr. -3- r VII. Developer agrees to obtain any necessary permits from the Twin Falls Highway District or the State of Idaho Department of Highways prior to constructing improvements on their respec- tive rights-cf-way if said permits are required by the afore- mentioned 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 here- of, the prevailing party shall be entitled to reasonable attorney fees and costs awarded by the Court. CITY OF TWIN FALLS, IDAHO B C.X Mayor ATTEM f eputy City Clerk DEVELOPER •�IOY�L � -4- STATE OF IDAHO sa. County of Twin Falls On this j day of 197/, before me, the undersigned, a Notary Public for Idaho, personally appeared , known C ' to me to be the Mayor of the City of Twin Falls, Idaho, whose name is subscribed to the foregoing Deferral Agreement and acknowledged to me that he executed the same on behalf of the City of Twin Falls. IN WITNESS WHEREOF, I have set my hand and seal the day and year first above written. r �Na ary Public or I oho Residing at Twin Falls, Idaho STATE OF IDAHO as. County of Twin Falls On this U r o day of before me, the undersigned, a Notary Public for Idaho, personally 2 _ A� , known appeared _ LiNAU to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he is the legally qualified signator and that he has executed this instrument as the Developer. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year Lirsl above wrillen. Nntary—PU9I1-c for idaitO Residing at Twin Falln, Idaho -5- et � 1 •e �I{ p•Qia* � •�.. .y` y `��c 47 it i .S&S did, t}1 Tuts t+rbsfrr:a. +tads •n 1� __ day of �. 199�. betreen i. 14. at Lilt PT5txt ant retn U IiSCtta. Ttwtesi. f1r eMUDSOM and V MtOre here►n, and %PT14UP i. • husband and rife. who reside at 149 falls Arenlre tsaSt ►a Twin falls. County nt :rtc fall•, State *11 tdelto, so i L f. e1Ko and 11t'rll M. PIKt. •twband and rife. Mtn rusids at .r: •nut• 110. 7 an 11•raber.t. -ounty of Twin falls. State of tdaht Brant.•• nerrtn. w 1 T S r. d a f t At T-tat the Gran•ora. for and :n cstseldecatloa of the faA nt rch rll�.J` DI l.rtul eoney of the United States •fit Aworice. t, the %jrrntor1 rl hand Paid by the Grants". the sr•�etY' If Which is naret/y a:tnorleJged, hair. granted. b"1491• eJ ant aO1J and b, those .tear•••• Jo Vrant, bar0a►n. Nll. oOrf� t,°y rat .•unttrr onto the •nnee.a, and than he►ea and ess"na forev.•r, all t!,e follor►ol tr•. rlt.•1 seal estate stttfsted V Trtn Falls LuAnty. %tste of Idaho. t.�-r►t: and .r. o/ .f Falls Ttrrnette. rhPrr'f r;eOrd• of $etd County. sr^nrdtn0 + tte y.A• 4►rMnant thereto. tn•w•het Will all t.4'ruv,tA ,tta •aid eanottento of realwil su1:!.•t •o twee. as +•s+ and ryFarent r,altrenrr r:th all elrrllar An.t t.nNencs. heredflawenN. :r•••n'11'•oe t nor.ont• I. 1 I. 1 , t Ir 1' tnt . .. s�rpertath twS. tn•• • ..•►,:.•n and rrv+ret.," r•' %,^,Wr rnd t.•wat+ta.. rents. te„••• rP,, ,• +1.ta thPrel• an r.l estate rlghe, t.01e and Inrr•.•rt .r '1 V. •h•• Pt +{. rr Aa Well t- law as .'+ equity. of th•• •r rn•ut.. . 11.t�r ar. rl ,. •-.1 rl•In•:1ar the ahrf+A-eRnl lnned • t.. Not Jrtrn AO.'ee unt, tNe ant tParrlt•rl Irv, • r •. . � • r'lla . f •.MI.t• 1..r P,'Pt a ',`� �S'r• ~ � 9P• w p r aid the Grantors and tbwlr Pietro small and well eatraet #04 by thew ptreasta forever •frfwn4_ehe premisvq in r. Iwrt ad p•aewabla possession of ••,« rento..s tneer he.r• .•,I .yutno, gaisst thla 3ratter• and thou ne117 and 41141nGf. oil anal etwrr perO aM Persons etmaroettef. lsetulty Pla.l..tny tt,s Saar. IM MITMW NURLtnr. The tirantutt hat- h-1, art tnPir trORds the do) and "Or first alsette wr t t t.-re. to /pin-.Ewa P State, of Idaho 1 1 as. Osewty Of Then rolls (in this _ day :f tt�„ eat.+r• M. a Mstery Iltdelic to and for Gail Siat, ..ta.ma,t), appear~! T. a. monwum and ruc J. mcicSR. imam to ra t.• t.P tree pe,rsae who" noses are awUncrtbad to the Pit-tn t tt.ment, M Trwtws. and aeknoeiedwJ to no tnat ltw,y •tee.•seed .c asag as seem Truste.•s. IM WITMtS11 AWND)r. t nave ~Prove• not w) -,an-1 tn-1 affirmed ey olfielal S4-41. the son Jay l+A teat to t 110 .wt- tiflosto first above written. yvaed ,, it Twin Pal... I.$% rl •t • Q t tit 18::i3 .- Z�v •t ATE OF IOAW Q "ty of Two Fads 1 Mr9 ft certify tMl dib iwMr�we1 r for at the reeved ............. ` ....... ....a.........« ...ecbCk. .........th�a .......... . .e xv office erd &IV raaordod is wM MCHAW A PbNLk ..4 fir.�!"iiG.i...... .. .......... .' Dip _+�,,..,,.......�M......�...��.....i.....+ram