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Home My WebLink About536 3rd Ave E C-1343 IMPROJEMEIIT DEFERRAL AGREEMENT This Agreement made and entered into this 67 day of y�l/ 19 SS , by and between the CITY OF TWIN! FALLS State of Idaho, a municipal corporation, hereinafter called "City", and P�(iaQ_n C TP T7_ hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed at 5 ggla 3`[['!�� 14-1 G. t•IHEREAS, Developer certifies that he is owner in fee simple or t e s' 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: yi r TLght 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(I1)(2) to defer said improvements; and, WHEREAS, the City Council on agreed to defer construction of tile 0-rementioned improvements, WITiIESSL•Tii, that for and in consideration of the mutual promises, conditions, and covenants contained herein, the parties agree as folluws: 1. City agrees: 1) to defer construction of tile required curb-nuti:gr and sidewalk until or until such time as the obligation of curb-gutter and siclrif6lk colliF ctinri on adj,icent property or properties allows the City Engineer to require construction under tile conditions specified in City Code Section 10-11-50)(2). 11, Developer agrees to: 1) complete cbnstruct.ion or curb-mutter and sidewalk on the real property described above when required by tilt, City Council. Developer fill ther agrees that fit the event that Developer fails to complete the aforementioned cons(tction, the CiLy may complete tare eon5truction at Lilt., City's expense Arid may file a lien against the aforementioned property fur expenses incurred by the City fit sari construct Intl. If. Developer all"ees to pay the total actual cost of all mr,t,erials, label- and ` s 010(11nrant necessary to completely construct all of the Imprnverrri nts rt%quirCd a herein and to construct or contract (or the construction of all such Improvements. v. Developer agrees to rt:quest in Writing that th'! City (ngineer and arty other required department of the City make fl jr)owing inspections. and to not proceed with construction unlit the i'0qu irod insp(,ction is complete and tilt: wort, has been api:iroved fit ;oritinq by tiro City Digineer or his authorized import,r. All such inspections shall be schedtilted fifteen (15) days prior to beginning Work and Lha request I`or• an inspection 5nall be tzade onr worl:irrg i!a} hefnrr, the roc;uir(ad inspection. l;evelnirer agrees to pay all r.;,ts rr- sull !nq 1'rom his i'ailure to properly schedule ,end request a retiv- ..., inspection r)r frnrt 1:roceeding with wor!: before rpceivinq approval to ;rrnreed, irevelr)per 1 grees 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-nutter or sidewalk; and 3) approval of finished curb-gutter and sidewalk. 4' a . 4 V1. The Developer agrees to: 1) allow the City full and complete access i-u the construction; 2) provide all materials necessary to conduct all tests; I;Stf I., � 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 p-ior to constructing improvements on their respective rights-of-way if said permits are required by the aforementioned agencies. A certifieJ 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 a any kind be taken to enforce the provisions hereof, the prevailing party shall be entitled to reasonable attorney fees and costs a• irded by the Co-irt. CITY F'jI�IN FALLS, IDAH BY / 7 ayo TTEST, cputy it Clerk DEVELOPER C LGL�G7 STATE OF IDARO,COUNTY OF STATE OF MAIM COUNTY OF On this /7 day,b t 19�r On this 9 J•l day,bf /�7 r before me, a notary public in an for sold State,per- before me, a notary public in and for said State,per- sonally appeared sonally appeared GAVHH.c'D ��.e by �� `-e�S•e� krtuwn tome to be the person who S name r S known to me to be the person', whore name subscribed to Lie within hxstrument,and acknowledged subscribed to the within instrument,and acknowledged to m.gnat Ai dL executed the same. to me that executed the same. v� �af=�°•_-• arc= •�o<<�%'_,..- - - - Notary Public Notary'utillc �ltesldlo f, at Twin Falls, Idaho �\ o ^a;� gat Twin Falls, Idaho cr r m n k 1NoD` f• - 1' -.O'r Ln: -� .pwjl�I c. °: r— •v v Yl � u � J \ t" %.IQ� !tip •..w.q.(TuWM tN f'r WlL7RI"►AI"N DL.LL -- --...._:•�.r rw M.a,. � ,,y. 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