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Home My WebLink About401 6th Ave N C-1290 I PRDVEMENT DEFERRAL AGREEMENT '2�D nax is Agreement Made and entered into this day of l by and -between the CITY OF TWIN FALL State of Idaho a mun cipal✓ •.*rporation hereinafter called "City", and hereinafter called "Developer", for the purpose of constructing certain impr.ovem is on property sought to -n developed. WHEREAS, Developer certifies that he is owner in fee simple or the authorized agent of the owner in fee simple of the real property described on the -attacl*ie,-1 Exhibit "A"; and, <77 WHEREAS, the a 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 0. property, marked ExM bit "A", showing ownership of said real property to be J ft Developer, or, as the case .nay 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 9 descrpibed real property showing ownership in fee simple in someone other than Developer together with-a notarized authorization, signed by the real d p property owner", authorizing Developer to act on behalf of said real property 3 �- owner; and, WHEREAS, Developer d sires to develop said real property in the following f manner: �t�rfKf(,, T and, WHEREAS, the Developer is obligated to construct certain improvements, namely c:,rb-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, WHEREAS, the City Council on C::2o1,6e.� 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 d�fex construction of the required curb-gutter and sidewalk until ems;�98� of until such time as the obligation of curb-gutter and sidewalk construction on adjacent property or properties allows the City Engineer to require construction under the conditions specified in City 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. srA Developer further agrees that in the event that Developer fails to complete o, the aforementioned construction, the City may complete the construction at befo the City's expense and may file a lien against the aforementioned property Bona 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 required1q�' herein and to construct or contract for the construction of all such improvements. eubsc to to/t V. I Developer agrees to request in writing that the City Engineer and any r other required department of the City make the following inspections and to not proceed with construction until the required inspection is complete and +'. � d 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 r. �µ beginning work and the request for an inspection shall be made one working day before the required inspection. Developer agrees to pay all costs re- sulting from his failure to properly schedule and request a required insr _tion or from proceeding with work before receiving approval to proceed. Devc oper 1 agrees to remove or correct any rejected, unapproved or c'efectzue work ar ' materials all as required by the City Engineer, fequireO inspections shall include: 1) approval of all materials before A inspection; 2) approval of forms and gravel base before pouring any concrete ;' n curb-gutter or, sidewalN; and ,i a pprnvai of finished curb-gutter and sidewalk. f• > I 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. A 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. It f CITY 0`�N FALLS, IDAHO BY tt �i yo ATTEST eputy City CTerk DEVELOPER U" /� C�u �� >X `_�a -2- ,zR STATE OF MAHO,COUNTY OF STATE OF MAHO•COUNTY OF On this /S' day,bfi.,/ , 19 On this 28 day,bf Sept 1984. before me, a notary public In and for said State,per- before me, a notary public In and for said State, per- sonally appeared sonally appeared Rev. Aaron Knapp f known� e•to be the person whe name known to nie to be the person who name ib subscrlbi 6 the within instrument,and acknowledged subscrlbed to the within Instrument,and acknowledged to M.YWt /.L e executed the same. to me that he executed the same. I rotafy, ublic , t Notary Public �i 4 at Falls, Idaho i I i R KAlAk'iat 1.in rali, Idaho ' .. s� 1\\\ : 'fit` ❑- u t z ec :a _ N' 0 6) M o n `C m `a c . a: FDA VALUR R=SIVSD. MIN FALLS BANK i TKTISF COMPANY, Is cwvwm ea ddl ateel..d AeJ"haled eedrr the I,aa.f Ile Shl..1 II.A'.l'-"" for 1RF.! TO.YLUtSOH, U/r dated Juno 29, 195" WnimRe►-W on anM.►,d..e Mrel7 Onal.Duaelq Sal eM C, ,nit FIRST CHURCH OF TIR RAFAXW ►erN e—eaL.d tm anatw the fdr+iaa drlbd fml 8:W& wet TAT 14 IN DLOCK 30 OF TUIR TALLS TOWHS1Ta. TV114 YALLS COUNTY, IDAHO. 10 RAT1<A"TO IIOLD TI.,rM prneMe.,with Owir ap"rifts ...in IM..N t,&.tw r-d Y/Ie Omwq bw.—4 Briar fw..w no wr"fmm w"t.,YO►,Tfe Onmw,aenAM la A '.owls,.f,is A-,I.r L)Irw tr�u etnmsss'ssili.l tM W%k pAr W Wk kw9mm".bawd Iv An Vke 1'eaefd.eh►.A A,...porn,ad+.b. bowl AUU MT 1, 1904 MIN P.41.L2 VAN4 i TRUST COitPANr,Ymt" --itAter. ..•"'1� n A , seanu✓AT�ji:.l- O,rNf.t tea►." j t rIDM..AI/ so u e r� Fat d�� 44, ti pw V d.r.r.f�x .M lacy 0-1-r i rM tn.+ eA s"W" N170411 D. AWN r •.r r er1��.aw i+w f n NOy'M Awao.RMW w w��I�w..M dllrrT.�l �e�t•e lad It.4..i�C dry I ►iereby oerti.ry that thin is R true and correct copy or the public record, recorded August 1, 1984. Dontll Oarcin TitlbFact, Inc.