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Home My WebLink About502 Jerome St C-1841 IMPROVEMENT 1` DEFURRAI, AGREEMENT This Agreement inacie and entered into this day of , .1-9 by and between the CITY OF TWIN PALLS, State o Idaho, eka munic'-�1 corE;oration, hereinafter called "City" , and .}Ctti745 1) N , VQpeY , hereinafter called "Developer", for the purpose ot construct ng certain improvements on property sought to be developed. WHEREAS, Developer certifies that ;te is owner in fee simple or the 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 octner; and, WHEREAS, Developer desires to develop said real property in the following manner: and, WHEREAS, the Developer is obligated to construct certain improve- ments 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 10-11-1 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 4-- & - ZZ agrec d Lo 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 defer construction of the required street con- struction until /t/ ; 2) To defer construction of the required parking area sur acing, striping and lighting until /,/fjl' 3) To defer construction of the required screening until e!/19 ; 4) To defer construction of the required curb and gutter until 4-17- 5) To defer construction of the required sidewalk' until I:E . Developer agrees to: 1) Ccmplete construction of the above-listed improvements on the real property described above by the above-listed dates. III. Developer further agrees that in the event that Developer falls to complete the aforementioned construction, the City may complete the con- struction at the City 's expenre and may file a lien against the afore- mentioned property 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 improve- ments required herein and to construct or contract for the construction of, .a11 ..such , improvemencs. V. Developer agrees to request in writing that the City Engineer aald any other required department of the City make the following inspections and to not- proceed with construction until the required inspection is complet.e 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 inspec- tion shall be made one working 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) allow the C-i.ty 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 submit.�--ed to t'sLc City prior to beginning construction thereon. This Agreement shall be recorded and :mall 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 Pre-ailing party shall be entitled to reasonah?s attorney fees and costs awarded by the Court_ CITY 09 TWIN FALLS, IDAHO By Mayor ST: e ty it clerk O[F�� ttr .d,I DEVELO R •� ve sr O S EA O4 a �'L S COUNTY. MAIM '/,`•� ��""' 991 JUL FOR 3 A q 4q 0 0 4 0 4 2 LI?EX-OdU FEE EPT F F��D UUY: -2- STATE OF IDAHO ) ss. County of Twin Falls ) On this /S day of /f//J�li r 19 Yl , before me , the un= signed , a�Notary Public for Idah , personall C� y appeared ;W'4's o_QiL , known to me to be the MAYOR for the CITY OF TWIN FULLS, IDAHO, whose name is subscribed to the foregoing Deferral Agreement and acknowledged to me that he executed the same on behalf of the CITY OF TWIN FALLS . IN WITNESS WHEREOF, I have set my hand and seal the day 'h year first above written. � . 17 NOTARY PUBLIC FOR IDAHO ^.. - Residing at Twin Falls , da �4 o -. ,l r T' L If-P STATE OF IDA110 ) ss . County of Twin Falls ) On this a67", day of 3C � 19 n/ , before me, the undersigned, a Notary Public for Idaho, personally appeared .Xln)E s b. NnE 'e-A' , known to me to be the person whose name is subscrlbed to the witlzin instrument and acknowledged to me that he is the legally qualified signator and that he has executed this instrument as the DEVELOPER. fz IN WITNESS WHEREOF, I have hereunto set my hand and�zseal the day and year first above written. NOTARY PUBLIC. FO IQ HO Residing at Twin Falls Idahq. 6 f 1 -3- f WAR IAWr f DEED c Per ilk pan~ as heir s*ps'rsts property Yl�;y1 ,�vmta in his sole and sepazsts pYrtY Imrrlsd 00 deslinq Idaho 93301 33'! put>rsi�• Twin Iralls• *�A •� vein Fells C Y lre. f� Ta sILT$, vwin pall• County, Idaho. '! $!1 fl4elt 9• of Zwx" T&WAA erevf. g...rd'ad in the Off"" of ,o tM officls3 'Plot c. the0�t! �oosdar o11 said County. Vj t! 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