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IMPROVEMENT DEFERRAL AGREEMENT /o 3 � j ?nspe
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This Agreement made and entered into this 1-'+ day of
19c9t7, by and between the CITY OF TWIN FALLS, Skate of Ida o, a municipal
corporation, hereinafter called "City", and J],,,I/y F4.4l 5 G ot{NT)�
hereinafter called "Developer", for the purpose of constructin� certain the
improvements on property sought to be developed at 2, f '7 6111--c: and
manu
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 attached Exhibit "A"; and,
WItEREAS, there is attached hereto and incorporated herein as if the same Hig,
were set out in full, a certified copy of the deed to the above described real con
property, marked Exhibit "A", showing ownership of said real property to be are
in Developer, or, as the case may be, there is attached hereto and incorporated or
herein as if the same were set out in full, a copy of the deed to the above con
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 oc said real property the
owner; and, t i
WHEREAS, Developer desires to develop said real property in the following an
manner: --5''7-o/?Ae—_F and, sh
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WHEREAS, the Developer is obiigated 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, ^
WHEREAS, the City Council on (\fr
agreed to defer construction of the aforementioned improvements,
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WITHESSETH, that for and in consideration of. the mutual promises, conditions,
and covenants contained herein, the parties agree as follows:
L,
City agrees: 1) to defer construction of the required curb-gutter and
sidewalk until SE PT 30; 1`9 9 / .
or 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).
STATE
II.
Developer agrees to: 1) complete construction of curb-gutter and sidewalk e
on the real property described above when required by the City Council. bctozo
;tottaliy
III.
Developer further agrees that in the event that Developer fails to complete
the aforementioned construction, the City may complete the construction at
th- City's expense and may file a lien against the aforementioned property lanora,
f_ i expenses incurred by the City in said construction. au�sc
2a Inc
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. �trd
V.
v�
Developer agrees to request in writing that the City Engineer and any
other required department f,f the City make the following inspections and to
riot proceed with constru••rc-rn until the required inspection is complete and r n.
approved in writing b the City Engineer or his authorized fay 'the work has been a g y y g
inspector. All such inspections shall be scheduled fifteen (15) days prior to %E i"ram k. R
beginning wori. and the request for an inspection shall be made one working
day before the required inspection. Developer ag ees to pay all costs re- i� s:,�
suiting from Iris failure to properly schedule and 1-equest a required inspection `'
or from proceeding with work before receiving approval to proceed, Developer +,i
rv�
r�=
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'f+~-ac}reea to remove or correct any rejected, unapproved or defective v+ort: or
t the City Engineer. j.
---, materials all as required �y
1,1 before
concrete
i Required iasPeovain,fstfornrstandugeiavel)baserbeforeoval fpouri all rngtanyals dewal .
inspection;
2) Pp >roval of finished curb-gutter and si E
curb-gutter or side'�ait:; and :3) aPi
j 1 VI .
I
I The Developer agrees to: I) alloir the City full and complete access to I 4
the construction; 2) provide all materials necessary
erfoormedrtanyttesting tests,
ofD
and 3) provide the equipment and perform or hav per.
f manufactured materials required by the City Engineer.
VII.
I from the Twin Falls
Developer agrees to obtain ary necessary permits
if said permits I
Nigtwtay District or the State of Idaho Departmentitss"iof9iwayys Prior to ermit
constructing improvements on their respective
Aicertified copy of said p
are required im the aforementioned a9 Prior to beginning
or the original the
said permit shall be submitted to the City p ..
construction thereon. r
This Agreement shall be re ordedanddlawful ass shall dignse parties hereto, F
their heirs, successors in in
Q iri Agreement, or should legal acton f
the event of a breach of this Ag revailin9 party
provfees and costs awarded by the
any kind enttaken to en o
itled to reasonableeattorney isions hereof, the p
' shall be
Court, IDAHO
l CITY 0 WIN FALLS.
h o 8Y
M yor
TTEST,
puty C ty erc
DEVELOPER
STATE OF IDA"O;COUTt'i'Y OF 14
O;COUNTY OF ,19 p ,'
On this day,b!
STATE OF%IJAH . da9,b! �'�� a notary Publlc In and for said slate,Per' ?$
on this / before me, -
before-e, a notary Public in and for said State,PeL" sonallY appeared
41
,,,,ally appeared
known to me to be the person who name
,son who`5 name ent,and ncknowledgr•.d
knot,,,to vZ d.`ta'be the person subscribed Co the"'It""'inskrum executed the same.
subscribed 20 tue witbin Instrument,and acknowledged to me that Y
executed the same
to me that
~ � _ ..._. .-�--. � _•Notary Public, .�
\ Public
Notary F?esldlnC rt'S`�ria =a11s, Ida3io
acrAding nt�wlri rbats YdahoN CO
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