HomeMy WebLinkAbout450 6th Ave W C-2024 C�v o wv\,5 ySo �0�kAv e. k1
IMPROVEMENT DEFERRAL AGREEMENT
This Agreement made and entered into this � day of h�v
19�_, by and between tine CITY OF TWIN FALLS, State of Idaho, a municipal
corporation, hereinafter called "City", andCn,art ;.�
n _hereinafter called "Developer", for tine purpose of constructing certai
improvements on property sought to be developed at 4-4:.,- YQ-1-c Vl/- _
WHEREAS. Developer certifies that he is owner in fee simple or tine
authorized agent of the owner in fee simple of the real property described
on the attached Exhibit "A"; and,
WIIEREAS, 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.
WIIEREAS. Developer desires to develop said real property in the following
r
manner: S143 19/ Cv��del.c ; and.
WIIEREAS, 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(D)(2) to defer said improvements; and,
WIIEREAS. the City Council on _�,- 6_1 ` l ;;-
agreed to defer construction of the aforementioned—improvements,
WITNESSETII, 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-gutter and
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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(D)(2).
II .
Developer agrees to: 1) complete construction of curb-gutter and sidewalk
an the real property described above when required by the City Council .
III.
Developer further agrees that in the event that Developer fails to complete
the aforementioned construction, titre City may complete the construction at
the City' s expense and may file a lien agatnst the aforementioned property
f9r 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 tine 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 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 inspection
or from proceeding with work before receiving approval to proceed. Developer
agreee 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 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.
VI1 .
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 he 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 OF 1N FALL IDAhO
BY G��
Mayor
ATTEST:
er
• DEVE PER
BTATS OF J DAAod LINTY OP 6TATE OF MAIM.COM4 i Y OF
On this p -�/ dnT b[ �QG� . ]9f5�j. On this �Jr
before nee, a notary public In and for said-State, per- a�7j� dam bl o /s� . ], p
before me. a notary public Lrt and [or said Stale, per-
sonally appeared sonaily appeared � c� 1
known to we to'be the person who.S4 name known to me to'be the person who name
subscribed to the wi In instrument.and acknowledged subscribed to the within instrument,and acknowledged
executed the same. to me that L4 - executed the same.
ly
.� � Notary Publl¢ - At Pubfic_
aho Realding at*twin Falls. Idaho
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