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Home My WebLink About330 Ketchum ST S C-4501 C - YTO ► TWIN FALLS COUNTY Recorded for: TWIN FALLS.CITY OF 1:13:52 PM 08-06-2013 2013-01.7239 No.Pa9e5:5 Fee:$ KRISTINAGLASCOCK CURB-GUTTER AND SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT County Clerk Deputy:BTYiis' Agreement made and entered into this 1 .J day of , 20 13, by and between the CITY OF TWIN FALLS, State of Idaho, a municipal co-rporation, hereinafter called "City", andJP►aa:tr _)Ohnsa-n + karen Johr%sorl , hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed at 330 4 tD Ave S 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: establishing an catering and event center; and, WHEREAS, the Developer is obligated to construct certain improvements, namely curb- gutter and sidewalk, 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, a WHEREAS, the City Council on � � 1 O -.O l3 agreed to defer construction of the aforementioned impro ents, WITNESSETH, that for and in consideration of the mutual promises, con�ti.Qns d covenants contained herein, the parties agree as follows: '•• '•, City agrees: 1) to defer construction of the required curb-gutter anel•.%i8ewaA or until such*•dime ,N }=e obligation of curb-gutter and sidewalk construction on adjacent property -dr*&P*Mo e��£es allows the City Engineer to require construction under the conditions specified 'Postity Code Section 10-11-5(B) (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 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, labor 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 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 on 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 cdrb-gutter and 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 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 Highways 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. L S�1 CITY OF TWIN FALLS, IDAHO iy� •'•c+, BY r Mayor o, ref- D L P Z tourer"' V STATE OF IDAHO STATE OF IDAHO On this 7 day of Fehr V, r y On this 19 day of 20 1 before me a notary public in 20 C!> before me a notary p alic in and for said State, personally and for 'd State, p rsonally appeared J-A61a:r,N0lnnsa,n .� l ren �hn�n appeared lrf�Qpr q I . known to m to be the person who known to me to be the person who name s•jhscribed to the within name subscribed to the within instrument, and acknowledged to me instrume try , and acknowledged to me that)AJa<< .k4%nsov, -* Kcurcn _Tohnson that �A..Z executed the same. executed the same. e�'-';_ _ "-� . LJ ojo_'� No ary Public Not r Publ� Residing in e. Residi n , Expires Expires LEILAA. NOTARY PUBLIC STATE OF IDAHO l�. O0,9 { ' 1 47 r' a — S Y 4V E 'e r a 01s 208-423-4814 p.1 WARRANTY DEED 4CL-334 TWIN FALLS COUNTY RECORDED FOR: For LAND TITLE AND ESCROW-TWIN i0:27:33 AM 08-D2-2012 q�; 'ilespie and Bonnie Jane Gillespie, husband and wife NO.PAGES20182 0145 �S13.00 KRISTINA GLASCOCK COUNTY CLERK DEPUTY Dr [Ieecir�f? c�,fn J.]se.Grantor,hereby gams,gains.sells and conveys unto Elec.ronical�y Recorded by 5implifi le alp riy ::r.' ohnSon and Karen Johnson, husband and wife as community property with r'e�I°tt t'«��1°�•ivtarship Zr"V,N 3350 E,Kimberly,ID 83341 Hereinafter N*ileei•fats-.Grat*.ee,the following desadbedpremises situated in Twin F2111 Count,Idaho,to-wit: Lot 4 lri D'aack 147 of TWIN FALLS TOWNSITE,Twin Falls County, Idaho,according to P0re t-ff,45 11-PT 1 #ia,:reof, records of said county, EXCI ±•1sT the Southwesterly 10 feet thereof, heretofore conveyed to Minidoka and Sotnt� �es:L.rst Railroad Company. sUV 17,7 Tr )s All rye"t'': f 1.s [3:1 f,mentts or deeds in the chain of title. All l as::4;j,�ht&, u4;6,ianty,Conditions and Restrictions of record. TOG>E'i'.E''UN it'i't11:111wMermrtdwaterrights,ditchesandditchrightsusedthereonorappurtenautthereta. TO HA VE*,'%. P TO 170 >),the said premises,with their appurtenances into the said Grantec and to the successors heirs and assigns of V?-ri t^, `nrrn ur.The Grantor does hereby cownent to and with the said Grantee,that the Grantor is the owner in fee simple of said prtn"'ems:rtw tin.%,iire*gee from all incumberances except as above desaibcd and that Grantor Will warrant and defend the same from all C!a'sms whats.ver. Fiesta Ole 208-423-4814 p.2 C3alc:d:Jlbiy��KiiE� R,6ben% ,11�� Bonnier Jan- -illvvie ss. COUNTY OF iW!—N Oa Ll;5''`i, ,}. 7V'v,��i12,before me,the undersigned,a Notary Public in and for said State,personally appeared Robert Gillespie ivn;.d ":mi.te s::< Gillespie,known or identified to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same_ ¢ Note P lic b�: Residi g at: $ rA y PUBLIC My Commission expires: E:�'�� or IDAHO ,-"S--cam`