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Home My WebLink About556 Main Ave N C-3057 :3®57 IMPROVEMENT DEFERRAL AGREEMENT Z�� This Agreement made and entered into this A%ay of D&-&, .?g_by and between the CITY OF TWIN FALLS,State of Idaho,a municipal corporation,hereinafter called"City", , hereinafter called"Developer', for the g imp�4 improvements�' op sought to be developed at 21 t(�rni purpose of constructing certain im rovemenls an property 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 noladzed authorization, signed by the real property owner,authorizing Developer to act on behalf of said real property owner;and, _ S6WHEREAS,Developer desires to develop said real property in the following manner. lorvroorri ;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 exceeding 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 agreed to defer construction of the aforementioned improvements, WITNESSETH, that for and in consideration of the mutual promises, coedit'iTWS end caye is contained herein,the parties agree as follows: TWIn FellI Coin,Idaho Recorded for: 1. TWIN FALLS,CITY OF Jan.26,2001 �f ..•.• 07:67fttn City agrees: 1)to defer construction of the required arterial approach until-2001 —001165 2)To defer construction of the required parking area surfacing and striping until ^ No. Of a «_ ♦ F..: az.ee 3)To defer construction of the required lighting until ROBERT S. FORT 4)To defer construction of the required screening until .14 loo Ex-of FOecutW: M Ro=rder 5)To defer the construction of the required curb and gutter untiln+Avc.- 9-Jo• t 6�' 54.N• 9^So•gdo3 . 6)To defer corstruction of the required sidewalk until et- i9re. 9-Jo.zcoz 6; 1 V. 9_yo-Zoo3 7)To defer construction of the required landscaping until it. Developer agrees to: 1)complete construction of the abova4isted impipo bn the real property described above by the above-listed dates. r• F 4 III. _ n,; Developer ° * ' •••�. .further agrees that in the event the Developer faits to'-.complete the dforeJnentioned construction, the City may complete the construction at the City's experise and may'Me a•'Iten figainst 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 or sidewalk; and 3) approval of finished improvements. vl. 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 Slate 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 aN kind be taken to enforce the provisions hereof,the prevailing party shall be entitled to reasonable a f s a awarded by the Court. CITY OF TWIN FALLS,IDAHHO BY (1�fj Mayor STATE OF /�/� STATE OF COUNTY OF Aii,i. COUNTY OF On this day of �ovc QY",-,4;W before '�,sa�a me a notary public in and for said State, personally On this -fe_dayof f&d',76' before appeared me a notary public In and for said State, personally � � appeared - W `i5/r�/ T",-•f p Mayor known to me to be the person whose name subscribed to the ithin instrument, known to me to be the. person whose name acknowledged to me th8/yy x�ecufed the sage!!pANN subscribed to the within instrument, and r ,,,,.• •��r acknowledged to me that executed the same. 4l o r,�R Notary Public + mmissionE Tres: i •,? -moo �•� L/ Notary public Residing a t Commission E"s: n Ci I C Residing alEl l//i.�,rb ��-- _ �� ••• .�• • 1O�1jiNB Jf'l +"+unu•+"� 1 ❑ a IOTA*,. STATE OF 1'UgLlC �� COUNTY OF N �'� �•"•��f�O�, On this day of 19 before OF lD�;.++� me a notary public in and for said State, personally appeared known to me to be the person whose name subscribed to the within instrument, and acknowiedged to me that_executed the same. Notary Public Commission Expires: Residing at DEVELOPER 2 ARTICLES OF INCORPORATION c -9c57 (General Business) FILED To+.tie Secretary of State of the State of Idaho The undersigned,in order to form a Corporation under the provisions of Title 30.Chapter 1,Idaho Code,submits 99 SEP 13 AH 8:SS the following articles of Incorporation: rF STATE Article 1:The name of the corporation shall be: PAUL r S MERCHANDISING SERVI TE fticiDAHO i Article 2: The number of shares the corporation is authorized to Issue is_ONE Article 3: The street address of the registered office is:_ZZ 290 FTT,IM_AV M nrrrr ,MST, hn TWIN FALLS, IDAHO 83301-4670 and the registered agent at such address is:same Article a: The name and address of the Incorporator are:-PAUL A. r r S Wit- SAMa. A g ARnirv. Article 5: The mailing address of the corporation shall be: SAME AS ABOVE Optional articles: 6, CO—OWNER OF BUSINESS & EQUAL PARTNER IS JANET D. FISHER, WIFE. ,7. IN CASE OF DEATH OF OWNER & CO—OWNER, FULL AUTHORITY SHALL BE VESTED IN DAVID WAYNE FISHER, FULL BROTHER OF 0YNER. 0. 7,}'./l IN CASE OF DEATH OF DAVID IWAYNE FISHER, FULL BROTHER OF OYINER, FULL AUTHORITY SHALL THEN BE VESTED TO BE LIQUIDATED AND ALL PROCEEDS SHALL BE USED TO FUND ENTERTAINMENT AND/OR EDUCATION EYPENCES OF THE OLD SOLDIERS HOME, BOISE, IDAHO, AND TO BE ADMINISTERED BY THE DISABLED AME,RICAN VETERANS ORGANIZATION, i IDAHO CHAPTER 5. 9 J r ANY OTHER ARTICLES OR AMENDMENTS TO ARTICLES CAN ONLY BE CHANGED OR ADDED TO BY THE PRESIDING OtiJNER ONLY. Cusl"r .Acct t P-+a awda Wak"t I! 09/13/1999 e920e Cds 4W CTr 12t1422 Ills 24M W." CORD 12 8 tur f i t r. "' n -305 7 TF77454 WARRANTY DEED Twin Falb County,Idaho ftcordedFor Value Reoeiaed Rchad T.Sa and Gertrude L MERICA fort bey Sauey,husband and wife FIRST AMERICAH TITLE CO. 04:38 m 00.02.2m10 Heminaft caW the Grantor,hereby gaTis,bargans,sells and conveys unto 2000—015402 NO. of . 1 Foot $s.0 110��1T B. FART Pa h hiacharxising Ser1Jim,Im Ex-OFflaic R—der Mputy, c. whose address is:P.O.Banc 2M TWn Fads,Idaho 83303-0a 2S Flerehalter called the Grardee,the fo"V desuibed prernses sihlated In Twin Falls County,Waho,b hk Lots 9 and 10 in Block 82 of the final and Amended plat of TWIN FALLS TOWNSTTE,recorded in Book 1 of Plats,page 7. SUBJECT TO al easernerrts,tight of ways,corm its,mstrtdions,reservations,apocabie bjkk g and sorting ortfnences and use regulations and re*dons of moord,and payment of amiaV present year taxes and assesmvnts as ageed to by parties above. TO HAVE AND TO HOLD the said Vwgses,with their unto the said Grantee and b the Grantees heks and assl m ib mw And the said Graft does hereby oovenarit b and with the said Grantee,that the Grantor is l he omen in tee simple of said premises;that said premises are free from all encunbnnoes except current years taxes,levies,and assessrrrerds,and except U.S.Patent mservations,reshictions,easw ants of reoord,and easefT>ents vrsble upon the premises,and that Grantor veil warrant and defend the same from all daims whatsoever Dated:Odaber Z,2000 Rdiard T.Sauey Gertrude L Sauey STATE OF Idaho COUNTY OF TWIN FALLS A On this -day of Ocbber,2000,before me Glenda Az wedo, Sabey Gertrude L Sabey,known or iden6Ged b me(or proved b me on the o be T and ot}, person(s}whose name(s)are subspbed 10 I he within rrm t,and advtowledged to me that they]executed the same. Not2ry Rkk of klahvo GLENDA AZEVEDO ResiJirM at Buhl, NOTARY PUBLIC C m issi0n Etgr m 07125M i STATE OF IDAHO Stsa of Idaho C' , County of Twfn'Falfg �i �•��. I hereby ortify" " ..Tbrg i frt a tuff, true and�rr*ecqjSWjP*�� at m (�rt, 'RQDORDER C c ',. EPUTY