HomeMy WebLinkAbout535 4th Ave E C-3783 G 3 183
DRIVEWAY IMPROVEMENT DEFERRAL AGREEMENT
This Agreement made and entered into this 15 1j- day of W,),j -
20T' by and between the CITY OF TWIN FALLS, State ff Idaho, a municipal
corporation, hereinafter called "City", and Mnllf \>.p.4 A SA.,5,:2k ,
hereinafter called "Developer", for the purpose of construction 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:
536 4-44\ ��..� 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 N o (2) 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.
10c,a-L
City agrees: 1) To defer construction of the required a*trerial approach until
2) To defer construction of the required parking area surfacing and
striping until N I A , 3) To defer construction of the required lighting until
N 4) To defer construction of the required screening until tQ 5)
To defer the construction of the required curb and gutter until 6) To
defer construction of the required sidewalk until U A 7) To defer
construction of the required landscaping 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.
CI OF TWIN FALLS, DAHO
B l
Mayor
D VELOPER
0.op""
CHARLES A. COLLINS
ASSISTANT CITY ENGINEER
G� 7�3
STATE OF IDAHO STATE OF IDAHO
On this day of n0,) 1_5 On this z day of
20 6 , before me a notary public in 20� before me a notary public in
and for said State, personally and for said State, personally
appeared appeared
known to me to be the person who known to me to be tSe ?ei* TA o
name subscribed to the within name subscribed io S th�.�,r�thtn
instrument, and acknowledged to me instrument, and ac o4e�e,d ��°° tie
that `�LL executed the that S, iC �p' xLA4t�d he
9�>' '• .
same. same. . 4?,'a•••.••',r0�.•�
dry F pF LD Oft 10111"I
(::�ot b is Notary Pub c
i Re at Twin Falls, Idaho Residing at Twin Falls, Idaho
TWIN ]FAI,LS COUNTY
RECORDED FOR;
EN
� TWIN FALLS. CITY OF
JBLiC 1:34:24 Pm 11-27-2007
: �DAHO 2007-028311
<r N0. PAGES: 3 FEE, S
KRISTINA GLASCOCK
COUNTY CLERK
DEPUTY! SHUNTER