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I11PROX/Eb1ENT DEFERRAL AGREEi1ENT
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This Agreement made and entered into this Zto day of
1C3 by and between the C?TY OF TWIN FULLS, Sate of Idano, a municipal 3
corporation, herein-ifter called "City", and WLc_&_g �-
hereinafter called "Developer", for tine purpose o constructing strutting certain t/)
impro:ements on pro:erty sought to be developed.
1111BRE S, revelop=7r certifies that he is owner in fee simple or the
authorized agent oE the- owner in fee simple of the following described
real property:
See Attached S
and,
3.HEREAS, there is attached hereto and incorporated herein as if the
=_e-e were set out in full, a certified copy of the deed to the above- Cl
I'3e,scribed real property, narked Exhibit 'A' , showing ownership of said cry
real property to be in Developer, or, as the case may be, there ins attach-
,?i3 hereto and incorporated herein as if the same were set out in full, a
r-py :.` the deed to the above-described real property showing ownership
in fee simple in someone other than De_eloper together with a notarized
luthorization, signed by the real properr , owner, auth(-rizing Developer
to a:-t on behalf of said real property oc,ner; and,
MiEREAS, Developer desires to develop said real property in the
following manner:
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and, F
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WHEREAS, the Developer is obligated to construct certain improve- C
ments pursuant to Title 10, Chapter 11 of the Twin Falls City Code; and,
WHEREAS, the City is authorized, pursuant to Twin Falls City Code t
Section 10-11-1 to defer said improvements for a period not to exceed
three (3) years when the cost of the required improvements exceed twenty-
five percent (25%) of the cost of the proposed private improvements; and,
WHEREAS, the City Council on O V, � 9 agreed to t
defer construction of the aforementioned improvements,
WITNESSETH, that for and in consideration of the mutual promises,
.-onditions, and covenants contained herein, the parties agree as follows:
I A'
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City agrees: 1) To defer construction of the required street con-
; 2) To defer construction of the ^.D struction until /V//j
required parking area surfacing, striping and lighting until
3} To defer construction of the required screening until
; 4) To defer construction of the required curb
nd nutter Untiljv S 14Zr S ; 5) To defer construction of
the required sidewalk until _f LV��lytr G�
II.
Developer agrees to: 1) Complete construction of the above-listed
improvements on the real property described above by the above-listed
dates.
III.
Developer further agrees that in the event that Developer fails to
complete the aforementioned construction, the City may complete the con-
struction at the City's expense and may file a lien against the afore-
mentioned property for expenses incurred by the City in said construction.
IV.
Developer agrees to Pay the total actual cost of all materials,
lnbor and egUipment necessary to completely construct all of the improve-
ments required herein and to construct or contract for the construction
of all such improvements.
-1-
V.
Developer agrees to request in writing that the City Engineer an! I ' 4
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 y' j
or his authorized inspector. All such inspections shall be scheduled
fifteen (15) days prior to beginning work and the request for an inspec-
tion 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-gutter or sidewalk; and 3) approval of all finished
improvements.
VI.
The Developer agrees to: 1) allow the City full and complete
access to the construction; 2) provide all materials necessary to con-
duct all tests; and 3) provide the equipment and perform or have per-
formed 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 Highways prior
to 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 ana 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 costs awarded by
the Court.
CITY OF )jt�N FALLS, HO
gy
` OF
ATTES4T:.•
w puty i -
DEVELOPER
r Gc/
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the grantors , d
HENRY i.
and GEORG
STATE OF IDAHO ) the grantees ,K
s s. the following de
County of Twin Falls ) ,
0
On this __ day of`% v�, �-/ , 1907,
undersigned, a Notary Public for Idaho, personall before me, the
Lots 28 a
g*x4y y appeared Idaho, nc
��_ , known to me to be the MAYOR for the the Count
CITY F TWFALibAHO, `tahose name is subscribed to the foregoing
r 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 andkMr , /
first above written. _Z"� ,�
P BLI OR IDI ��1 i
Residing at 4..in Falls, Ida , o
•�FA
STATE OF •IDAHO )
ss.
County of Twin Falls )
On this 'N day of 196'*/, before me, the
undersigned, � Notary Public for Idaho, personally appeared
�d<rtsr l(/,cc s known to me to be the cr r person whose
a6 nae is subsibed_to the within instrument and acknowledged to me TO RAVE
that he is the legally qualified signator and that he has executed their
this instrument as the DEVELOPER. with the said C
IN WITNESS WHEREOF, I have hereunto set my hand and seal the from all lncuml
day and year first above written.
and that t hW
NOTARY PU L7 FOR IDA O :a ` sus Dated:
r
Residing at Twin Falls, Idaho
•1 .I. 41
STATE OF [DAB(
On-this
�< before me,a notary
I'fF� n sonul'Y sppoared
�I �t L. JAMES
�y
;) KCUTNIK,
known to me to ba,]
eubacltlb:d to the wi
' me that the
Relldint at
Comm. Expires
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WARRANTY DEED
For Value Received " I
L. JAMES KOUTNIK and RUBYE LAVERNE KOUTNIKI husband and wife
the grantors , do hereby grant, bargain, sell and convey unto Q
IIENRY I. W11 I.S And ROSE: C. WILLS, husband hnd wire Atli) RDIiCRT C, Wit LS �
and GEORGIA L t WILLS, hURhAnd and wife e
the grantees ,whose current address is
the following described premises,in TWIN FALLS County Idaho,to-wit:
Lots 28 and 29 in Block 131 of TWIN FALLS TOWNSITF; Twin Falls County,
Idaho, according to the official plat thereof, recorded in the Office of
the County Recorder of said County.
L �I
I ri ce 45,nf>n.nn
R/r, Tcxer - IF2.90 (1h5.0n p•r 11 + 1 month o dayl) P
+i Rent (;5r',.r•O rer month - 113rA 01- nonth) y
Checi, drnwn on k:11u llajior
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee e
their heirs and nseigns forever. And the Said Grantor a do hereby covenant to and
with the said Grantee a, that t hey are the owner a in fee simple of said premises;that they are free
from all ineumbrnnres
and that t hi/ will warrant and defend the same from all lawful claims whatsoever.
�» Dated.
1
STATE OF IDAHO,COUNTY OF _ TWIN FALLS STATE OF IDAHO,COUNTY OF i z
On this I day of /' ,im 7 , 1 hereby certify that this Ina"trument was filed for record at [n
�< before me,a notary public In and for the said State,per- the request of I '�
sooally appeared
at minutes past X.tt:Wclock M., +�
L. JAWS KOLITNIK and RUBYE LAVERNE thin day of -�' W. I {
XCUTNIK, husband and wife 19 ,in my office,and duly recorded in Book
of Deeds at Page c :-
known to me to be the person s wbose names are
subscribed to the within instrument,and acknowledged'to Ex-OfBclo Recorder
me that they executed the same. i
Deputy.
Notary Pu 11s FeosI '
Residing at y
Idnbo Mail to:
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Comm, Expires i
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SAFECO TITLE
J�. � ] P 0 601E 963 11 SECOND
TREET NORTH
`�. A&V TWIN FALLS IDAHO 03301 '
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