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HomeMy WebLinkAbout361 7th Ave N C-4193 TWIN FRECORDEDS COUNTY TWIN FALLS, CITY OF 3:53:07 pm 09-10-2M dGC� i b22 GG I G 2010-01016 H0, PAGES.' 3 r'EE; i+ KRISTIM GLASCOC'K CURB-GUTTER IMPROVEMENT DEFERR:4:�Vof COUHi9 CLERKDEPUp��Rl4 -P Agreement made and entered into this , 20 by and between the CI--Y OF' TWIN PALLS, State of Idaho, a municipal corporation, hereinafter called "City", and F ADL� , hereinafter called "Developer", for the purpose o Constructing certain improvements on property sought to be developed at �� . WHEREAS, Developer certifies that he is the owner in fee simple or the authorized agenE of the owner in fee simple of the real_ property described on the attached E:chil,it "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 auth,-)rization, 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: _ f 4—�� �_ 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; an:I, WHEREAS, the City Council on _ a' ��( � agreed to defer construction of the afor_ementiondd im. rovements, WITNESS177H, 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 and gutter until _ , 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 Sectior_ 10-11-5(B) (2) . II. Developer agrees to: 1) complete construction of curb-gutter on the real property desc_.i.bed above when required by the City Council. III. Developer further agrees LhaL in the event the Developer fails to complete the aforementioned construction, l.he City may complete the construction at the City's expense and may file a Lien against the aforementioned property for exper_ses incurred by the City in said construction. IV. Developer agrees to pay Lhe Lotal actual cost of all materials, labor and equipment necessary to completely constr.uc-:t a]_i of the improvements required herein and to construct or contract for the cor_strucLion of all such improvements. L) Develope-- agrees to request in writing that the C_zy Engineer and any other required department of the City make the following inspections and to not proceed with construction un it 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 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 b-y 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; and 3) approval of finished curb-gutter. ` i. The Developer agrees to: 1.) allow the City full and complete access to the construction; 2) -orovide 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. v?T. Developer agrees to obtain any necessary permits from the Twin Falls Highway Distrir_� 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 ')eginning construction thereon. This Agreement shall be recorded and shall bind the parties hereto, their heirs, successors in i.nr_erest, and lawful assigns. In the event of a breach of this Agreemen-�, 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 ,0F TW A] FAL �, I HO I BY L; ` ;r \ Mayo, DEVELOPER to oe STAT E STATE OF IDPJJO Q On this day of GL�L�� CUL On this 11day of t� 201 D , before me a notary public in 20 h) , before me a notary public in and for aid State, personally and for said Mate, personally appeared l.� 'r'•L( ,� , appeared I ��.'A( &' known to me to the person who known to rr_e to be the person who name subst.': ibF7 to the within name subscribed to the within instrumenr, and acknowledged to me instrument, and acknowledged to me that executed the that executed the same. same. Je" Notary P .li_c I,Io ,, yyPubli.c Residing at Twin Falls, Idaho Residing 14 Twin Falls, Idaho MCKTARY PUBLIC S-fAYE OF 11DAH0 ,j:...+^w-^a-s--•rev--a—:r-:e--•-;-.�..,,� TWIN FALLS COUNTY Recorded for: TWIN FALLS TITLE 2!40:56pm 07-08-2010 Twin 1-alls 'l-i"Je and Escrov; 2,010-013763 AND WHIE.1q, RECORDED MAM TO, No.Pages:2 Fee: S 13.00 Twin Fells'T'ide and F-.scrc)iv KRISTINAGLASCOCK 905 St, N/P.O. box 488 County Clei-k Twin Falls, 'H) 3330") Deputy:SSNAPP Space Abcrm;llils,Line for Recorder's File No.: k7 ow) rate: 3111vy Vi, 2010 For Value Recedv :d, Barya and C. Earga,husband ant] w"Ke, hereinafter called the Grantor, her(--,by(;rants, bargains, sells and conveys unto William "Brown and Diane Brown, husband and` wife, hereinafter called the Grantee, whose current address is 3(;U Tkfi AvaviLe Nori:0, Xi) 833011, the following cescribed premises, situated io Twin Falls County, Idaho, to-wit LOT.1 IN Rl�e,,CT 7? 01F TIWIP) U1.13-S TO-16OW97TE, TV-�-1 F!U—S COUM, MRAXT)',ACCORDING TO THE RAI'THEAEOIF RECORDED EN 6010K'.W_ OF PLATS AT Rf4GE 7, RECORDS OF 71NIN FALkS SUMECT -70, all easements, right of ways, covenants, restrictions, reservations, applicable building and zonin,) -, al. , 1.­; r,.:`Lrl, ;nns of nizm-d, cf accruing pTesent year taxeS �s aurined W by piri.fps above. TO [-;,AV--- V.T Ti' 1-TjLD tiw said prarnises, 'ofith its Eippurterance.if unto the ,::lid Grantee, and to the Granf:o&s he.4-L; and assIgns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee s mple of s--ald prernniFes,• that said premises are free from all encumbrnr nr. c-cept curre;rt yeerr 1!?vi:-F, ��nd end e.,<=rjt U.�. P:Aent resewations, restril:tior;s., c,,.rd -%,n(2 �Z� �r,F;,I 16S V;;0-, Inc.r, wnmr;�:,.s, a-iO thit C,,-art,)r iAfil!warrant and cl-aE­r.4 'c�c- fr­rn all claims whatsoever.