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Home My WebLink About335 5th Ave N C-1341 111PROVEMENT DEPERR J, AGREEMENT This Agreement made and entered into this Z� day of H14 I9 �, by and between the CITY OF TWIN PALLS, State of Idaho, a municipal ' �?T`'• corporation, hereinafter called "City", and S E hereinafter called "Dcvelo er" for the p �c C°nst ctin �,ar� �L�Ah� p , pur ose of constructing r;,• improvements on property sought to be developed. certain WHEREAS, Developer certifies that lie is owner in fee simple or thz authorized agent of the owner in fee simple of the following described real property: See Attached 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 attach- ed 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, WIiEREAS, Developer desires to^ develop said real property in the following manner: �r�Yt�s;v�lct�[Jy?.C_ e and, WHEREAS, the Developer is obligated to construct certain improve- ments pursuant to Title 10, Chapter 11 of the Twin Palls City Code; and, WHEREAS, the City is authorized, pursuant to Twin Falls City Code 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 / / d� agreed to defer construction of the aforementio . d improvements, WITNESSETH, Lhat for and in consideration of the mutual promises, conditions, and covenants contained herein, the parties agree as fellows: I. City a)Lces: 1. To defer construction of the required con- struction until _> 3ryj1�9f�'8 2) To defer construction of the rep uired parkiny area 'sut:facinc'j,striping and Lighting until Sen .ate. _ � L 3) To defer construction Of the required screening i�il 4) To 'deter construction of the reyuir-eci curb rir�l guLLer until 3e 30 / l5 5) To defer construction of the cqui.red si.dcw�i urtt 1 41 :"— zx. Developer- r..groes to: 1) Complet:c constru,cLion oL the above-listed i.mpr-overnenLs on Lhe real property described above by the above-listed da tea. T1T,. DevclgR,er Cur.Lher agt7aes Lhat in the event that DeVr:'oper' fails to St c^c>:n�,let� the afetc,menLi.onecl conStruct.i.on, the City may Complete the Con- %' strsuction at Lhr, Ci.ty's expense and may file z lien against the afuro-• menL.i.onc ri hr�.,l,c rty for- expenses .i.ncurred by the City in said construction. .IV. t ueVa•Lal�er aclr-oes to i,,iy the toUil actual cost of all rnalerlals, labor and cclui.pment n(aCQe Sa1`)' to c4mplttely construct- all of tlrq i.1y ovc- t:,cnts required heroin and to corn:tract. or contract for the conr:; r ocLion C E111 such .i;npr.cn7c>nu:nt:,. i u • - V. Devel Icr 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. Fail such inspections shall be scheduled fifteen (15) days prior to begiTi'61ng work and the request for an inspec- tion shall be made one worF:ing 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) aliow 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 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 costs awarded by the Court. CITY 0 N FALLS, D 10 By OiLeo� I ayor l 1'rsT: .--17 ,puty City Clerk DEVELOPER x �� - -- mo-. o d o to t706 o rQ0} r ft1� 10 W r_ 0 -z- aiY h STATE OF IDAHO ) ss. County of Twin Palls ) On Lhis /7 day of , 19,F5� before me, the undersigned, a Notaiv publi or Idaho, personally appeared known to me to be the MAYOR for the '1TY 0 TWIN FALLS, IIDAHO, whose name is subscribed to the foregoing Deferral Agreement and acknowledged to me that he executed the same on b-lialf of the CITY OF TWIN FALLS. IN WITNESS WHEREOP, I have set my hand and seal the day and year Eirst above written. 1'ARY PUBLIC r'OR IDAUO Residing at Twin Falls, Idaho ` /r STATE 01- IDAHO } ss. "ounty rf Twin Palls } on t.hir 'UJ' tin • of a 19 -L, before me, they uncleksi<�nTd, a Notary Public for Idaho, personally appeared GivnaJllvyTcS .Syd,d.6'1?AJ Cp y�c�, -_C1viJ2'_ ,�� known to me to be the persons whose names � esubscribed tb the within instrument and acknowledged Lo me LhaL71;�, .�,pthe legally qualified signator and that l egs executed this iMstrum-,nL• as the DEVELOPER, r�'cr� HNdc IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year fixsL above written. �4. _ 140TAI2Y PUBLIC FOR TDA1I0 Residing at Twin Palls, Idaho n . J (t 7 y '6. ,screw NO. 1-1798 *� o-., WARRANTY DEED 4 f$ For value Received C/i MARY AKKERMAN, a widow and I:EE K. SMITH and WILMA 9MIT11, huabond and the grantors,do hereby crane,bargrin,set and convey unto LINDA M. COATES. a married woman, SHARRON COATES, a marrtld won m and LItNDA tX1ATE5, mairrled woman, DRA 3-l} Property Mnuaµcrn •i' fh0 gnntasi,whoas tUrrtn a1 L till 9th Avenue North, Twin Fulls, Idaho ::JIVI the fotloirltlg described premises,In Twin Falls Counts Idalrt,to wit: rI_ Lot 4, Blork 42, TWIN FALLS TOWI.'SiTI, Twin Falls Count;:, Idaha, according to the final and arended plat therlr,f, rernr 1 In Book 1 of Plate, page 7, records of Tuln Falls County, Idaho. SUBJECT TO a deed of trust to secure the original aanunt of and any other amounts and obligation ns therein pravid,d, 1� �- Dated: November 11, 1980 �f Recorded: November 18, 198,7, as Instrument Nu. 793010, r—rds nr Twin Falls County, Idaho t GRANTOR: Mary Akkerman, a widow, and lee K. ;n1th and film S,,,tt Smith, husband and wife TRUSTEE: Title and Trust Co pang, an Idaho rorpnrnt tvt BEdEFICIARY: Transamerica Mortgage r—l.,ny, a C711f, —la .orprtatr 't TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees their heirs and amigo.forever. And tha said Grantor a do hereLy rortnaut to and with the said Grantee a, that t bay are the owners in fee simple of said premises;that they-kre free from all ioeumbrancea b and that the y will warrant and defend the same from all lawful claltas whatam%er. Dated• February 28, 1985 f MARY AKpftHAH — STATE OF IDAHO.COUNTY OF TWIN FALLS STATE Or IDADO,COUNTY Or MIK FA"IDA"Wr Oa this der of February 'to B5, 1 hereby—Uly tkst LW.ia.trum,.t was ald car rayed a r Delon sae.■mtary aoWk Ice sad lar the 2 Stew,pr tse rN.-St sf ��O 'rifles +saaUy aPWand DEE K. SMITH, WILMA SMITH and MARY at .SL A"ERMANI C.kr t1iJ FEp 2 8 •. < 1e .m my oke,and-duly rmardeA In Soot "1 • y �, cf Dada at Pap kaeaa*"!o'lts�td>.lJ—. wkaas name PE are WOIAND A. NCE P as I b.d to IhrvitWj tastramaat,sad adaowkdred to n.that `they j aa.uted the uma. o r r Il t Ikpaty. BerJdlag st 7}r Falls Ida6a rsse i Mail FUTURE TAX STATEMENTS to: r'�m•rx" Lift Y�to: GRANTEES ABOVE rransamerica Mortgage Company P. O. Box 9360 lenInur, Creek, CA. 94598-9360 1