The URL can be used to link to this page

Home My WebLink About535 4th Ave E C-3785 C-3 96- CURB-GUTTER AND SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT This Agreement made and entered into this � day of Q 0 20�, by and between the CITY O TW •N FALLS to e of Idaho, a municipai corporation, hereinafter called "City", and tul��I1- 9 �k_�� , hereinafter called "Developer", for the pu,rp se of�(c/�nstruct ng certain improvements on property sought to be developed at J jj �!S( WHEREAS, Developer certifies that he is the 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, 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, 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 I OV Z O 0: 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. City agrees: 1) to defer construction of the required curb-gutter and sidewalk until , 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) . II. Developer agrees to: 1) complete construction of curb-gutter and sidewalk on the real property described above when required by the City Council. III. Developer further agrees that in the event the 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 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 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 made one working day before the required inspection. Developer agrees to apply 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 and 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. VII. Developer agrees to obtain any necessary permits from the Twin Falls Highway District or the State of Idaho Department of Highways prior to construction 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 reasonabl attorney fees and cost awarded by the Court. 'TWIN FALLS COUNTY CITY OF WIN FALLS, IDAHO RECORDED FOR; TWIN CALLS, CITY, OF 1:34:26 pm 11-27-2007 BY or 2007 028313 NO. PAGES; 3 FEE; S DEVELOPER Y.RISTINA GLASCOCK COUNTY CLERK DEPUTY: BHUNiER c7 CH RLES A. COLLINS ASSISTANT CITY ENGINEER STATE OF IDAHO STATE OF IDAHO On this /3 day of�Q{/ei1t On this /S day of 20 07, 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 MoMe 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 executed the that executed the same. same. o ry ILc SE�a "< Notary blic Re 'di iri 'E'�� ahb Residing at.Twif ,:"l"a'1 s �EZ OTARY PUBLIC � h.- .. : STATE OF ti-,V'9.!st.) 6C;JyF3Lq�IC i .-, 2006 WED 04:28 PM TITLE FACT FAX 1�4� P. 02 document being re—recorded to correct Grantorr .r�: / y- f a 'yf LandAmenca W[N FALLS COITN � y tc nr„ Recorded for' Trans,a rIT1,F.F:\c-r {' K/1<rew 11:48:03 08-31-2(NK. 200 1938 ' 4ro!' No.Pages:2 cc: 3 6.00 KRISTINA Gl.:\SC 'K C� C.'ount•Clerk .l„ tk,at z Deputy: C'K1'1 iI: BscrowNo. 0600047477 WARRANTY DEED FOR VALUE RECEIVED an unmarried:woman sh arlene corbridgy w o acqu'red title as Sharlene H. Smith s G OR(s),does(do)hereby GRANT,BARGAK SELL AND CONVEYuato: Mollie . Petersen, an unmarried woman G 2ANrBFS(sl whose current address is: 535 4th Avenue Bast Twin Falls, ID 63301 tb�following dewribed real property in Twin'Falls Co►m#y, of Idaho, more PaWcylarly described as follows,to wit: tee-A#tac# 11 E LOT 13 BLOCK 49, TWIN FALLS TOWNSITE, TWIN FALLS COUNTY, IDAHO, d(CORDIKG TO THE FINAL AND AMENDED PLAT THEREOF RECORDED; IN BOOK 1 OF PLATS PAGE 7, RECORDS OF TWIN FALLS COUNTY; IDAHO. HAVE AND TO BOLD the and greuriaes,with then apptutemnces upw 1�said heirs and assigns er.And the said Gr�alitor(s)does(do)hereby covenant to end witti- 'said Gzsutee(a),that Gramr(s)islare the owners)in simple of said that said premisol(are flee from all onmmffiramm EXtwT those to which this conveyance is ex vessly made su 'ect and those made,sliffored or lone by the and subject to reser ations,resmialions,dediow ions,easements, ri-Atil of way and agreement,(if any)of rccozd,and goncral t and assesamelits,(including irrigation tltiiity a essmoats,if any)for the current year,which are pot yet due and payable,and that Grautor(s)will wwrar t and defend the sa from all lawhil claims whatsoever, Date: August 16, 2006 Sharlene 8. Go>;brldgs 61 at:ou, Done orbridge i Notary Admowledgmwt—see page 2