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Home My WebLink About510 2nd Ave S C-2836 I Q 'Z'11 Trin Falls County Idaho Recorded �or: CITY OF TVIN FALLS 11:01al Nar.01,1999 1999-0,04099 No. of Pag9es: 2 Fee: $5.00 ROBERT S. FORT IMPROVEMENT DEFERRAL AGREEMENT Ex-Officio Recorder Deputy: BN This Agreement made and entered into this �day of OC'T I eA 1979, by and between the CITY OF TWIN FALLS, State of Idaho, a municipal corporation, hereinafter called "City", and 3013 L.¢7H�>7 , hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed. WHEREAS, Developer certifies that he 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 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 WHEREAS, Developer desires to develop said real property in the following manner: and, WHEREAS, the Developer is obligated to construct certain improvements 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 /o 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: City agrees: 1) To defer construction of the required ,gtreet; construction until 2) To defer construction, �of'the required parking area surfacing, striping and lighting until 3) To defer construction of the required screening until 7—/=+5p• 4) To defer construction of the required curb and gutter until 5) To defer construction of the required sidewalk until II ., Developer agrees to: 1) Complete 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 fails to complete the aforementioned construction, the City may complete the construction at the City's expense and may file a lien against the aforementioned 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 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 the 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 make 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 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. 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. CITY OF TWIN FALLS, IDAHO ','��NM 014E 114 BY t Mayor �OTAjt p DEVELO * 3 �,�� *S l'UB1.�G y'&Tff*�L0B � 9AH0 STATE 0 IDAHO On this 2�day of On this 6A day ofQ�Q , 1 before me a notary public in 199 K, before me a notary public in and for said State, personally and for said State, personally appeared appeared �"vr (moo�� 2/xi ,-F � � known to me to be the person who known to me to be the person who name subscribed to the within name subscribed to the within instrument and acknowledged to me instrument, and acknowledged to me that kt� executed the that executed the same. same. Notary Public Mary Public esiding at Twin Falls, Idaho Residin at RITA J. SIMPSON $EAR SEAL state of Idaho`