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HomeMy WebLinkAbout537 5th Ave E C-1409 t,W Ll I IPROVEMENT DEFERRAL !.Gi2_E iEii This Agre-ement made and entered itjto this -Zl- ^ day orttl/�• 9 by and b_t call the CITY Or TWIN I'P,i LS, State of Nano, a ;aun cipal Y oz�t5.on, iit� inafter called {:;ty", and _j c[�Q_ _( C �dS�ht_So�r T • „r;_i,naftcr cal ed "Developer", for the purpose of constructing certain improvements, On propertysought .to be developed. 1.711LPErIS, Developer certifies that he is owner in fee simple or the aut-norized agent the owner in fee simple of the following described -� real property: See Attached a - and, r ['7HEREAS, 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 ` ti in fee simple in someone other than Developer together with a notarized L0 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: �r ��Vr�Y7S�Vthlwl. ©�'�CGC: �::: i`' ✓l r r r 47HEREA/S, the' Developer:is obl"igated 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 z Section 10-11-1 to defer said improvements for a period not to exceed r-r three (3) years,wheri the cost of the required inprovements exceed twenty five percent (25%) of the cost of the proposed private improvements; and, FJ agreed to [WHEREAS, the City Council on y defer construction of, the aforementioned .improvements, � . [9ITNESSETH, that for and in consideration of the mutual promises conditions, and covenants contained herein, the parties agree as follows I• City agrees,:, Tl) "To defer construction of the required t con struction until SCE 3`i L`LFs-1 2) To defer construction of the required parking area surfacing, striping and lighting until f.((G4 3) To defer construction of the required screening until L 4) To defer construction of the required curb 5) To defer construction of and gutter until the required sidewalk until _ S F'Y�7 3 V 1C, 7 II. . Developer agrees to: 1) Complete construction of the above-listed improvements-on the real property described above by the above-listed dates. IIZt 1[ Developer further agree"s that in the event that Developer fails to complete the aforementioned construction, the City may complete the con- struction at the City's e::pense and may file a lien against the afore- mentioned property for expenses incurred by the City in said construction. IV. y the total actual cost of all materials, Developer agrees to pa Je labor and equipment necessary to completely construct all of ments required herein and to construct or contract for the construction of all. stick improvements. -1- 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 tl',e cork has been approved in writing by the City Engineer or his authorized inspector. All such inspections shall be scheduled f %! fifteen (15) days prior to beginning work and the request for an inspec- tion sliall:be made one working day before the required inspection. Developer agrees to pay all costs resulting from his failure to properly schedule and regL_st 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 o r materials," all as; ., required by the City Engineer. GJ Required inspections shall include: 1) 'approval of all materials - before inspection; 2) approval of forms and gravel base before pouring t; any concrete curb-gutter or sidewalk; and 3) approval of all fin1shed improvements. - VI. The Developer agrees to: 1) allow the City 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 A Engineer. VII / 1 1 Developer agrees to obtain ant "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. r 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. y f CITY O 1IN FALLS; " I O l b By 'or r ES i T: j` 'putt City erk = ` f y;, {. r DEVELOPER r - usa =} - _ r -2- r: r OF �I ., STATE OF IDAHO Y. ss. County of Twin Falls }" 1 1. before me, thE: ofc On this day or I daho, personally appeared �f+ .7 undersigned, a Notary Public f3 s known to me to be the 19AYOR for whose name is subscribed to the foregoing Ci i. � 'WIN F1LL5, IDAHO, Defer 1 Agreement and ackno� ledged to me that he executed the same on behalf of the CITY OF TWIN FALLS. IN daITNESS' P:HEREOF, I have set my hand and sea' the day and year first above written n TAR Y Y BLIC FOR IDAHO Idaho Residing at' Twin Falls, y 11 r. v i f r r STATE OF IDAHO ) County of Twin Falls ) p F On this : day 19CJ�, before me, the unWsied a ry Public for Idaho, personally appeared J1N known to me to be the person whose bscr. ed tl. thualified signatorrumenandnthatkhewhasgeaecoted ;+ that he is the, legally q this instrument as the DEVELOPER. hand and seal thA -`IIq WITNESS WHEREOF, I have hereunto set my 1 day and year first above written. MHo ROTA P LIC FOR Idaho Residing at ' l� -( I \ M i I \ O O G (• �\ IN f . ,\ D ��\• ... 3 ( `. ti C O iEsi 1 -3- e t Y al.1.......it�;LlF t =? S. 1 i`> ::, n ,Lln^?3rr1.eC3 Iti'Otndn, Arid Ar?nour. A. Andersoii, rnari.I :�d lilan! 1 ,_z e7« sie gi,.operty. I tno &rnrtgr do hereby grant, bargain, sell and convey unto ! Terry Lee Johnson an ` Carolyn B. Johnson, husband and ?-ifs the granteaa , whose current zddress is 537 5th Ave. E. , Twin Falls, Idaho 83301 the following described premises,in Twin Falls County Idaho,to-wit; Lot 13 in Block 38 of TWIN FALLS TOWNSITE, Twin Falls County, Idaho, , according to the official plat thereof; recorded in the" Office of the': County Recorder of said County. TO IIAVE AND TO HOLD the saiei premises, with their appurtenances unto the said Grantee s , their heirs and assigns forever. And the said Grantor"s do hereby covenant to and with the said Grantee S that t hey the owner in fee simple of said premises;that they are free from all incumbrances and that, t hey will warrant and defend the same from all lawful claims ,vhatsoever. Ml d: Augustt.28, 1.983 V3viarl V. Fulton Armour A. Anderson STATP OF IDA110, COUNTY OF '1•tle n Fill STATE OF IDAHO, COUNTY OF FA �- On thla ``=`i\\ "I,y of Augll;t: •ID tl3 I hereby certify that thin lnntrumenlns w-vit r,it u lWfol'rt tnc, a notary public in and for the aald Slat_per- ti!o rrgvent of Sa(eco Title znsuranee Co. nunnli} nl,pcnrrd �j/ C ti toll and V; ll tl nd at ~ � minuten pint % o'clock W., � a ACltlrltlC A, an-icr :on this AUG Z 2 1983 day of iD ,in my otllco,and duly recorded in Booms a Sx of Dccda at Page kiunvii tr+ins t+ha tli,t parrnn t_ t*hono nnria : RIC HARD A. PE_NCF i �tet.ecrll,ad W the withlti hiatrunioat, and nrknnc 1cdFcd to — tile that t }2CS" aivctttcd tha as^ie, /,_= Ex-Oiticlo Recorder t� By— CP j 111> Deputy.- L, \ Not:1r,. 1'n.•lir '�74' -i.• \4 0 Iioeltitng lit `1`v.it7 �. , Idaho y SSnil to: Grantoe abc`ve,SA : St.rECO Ttrlf . 3 Ill SECOND SrnEET UOT1117 T%VW FALLS,WHO$3301 l:ice pa3S