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HomeMy WebLinkAbout556 Main Ave N C-3057 Addendum Twin Falls County,Idaho 3 Recorded for; TWIN FALLS,CITY OF C' 11:44am Jul.10,2001 2001 -012326 ADDENDUM No. of Pepte. 6 Fee: clfr.e0 IMPROVEMENT DEFERRAL AGREEMENT R09ERT S. FORT Ex-Officio Recorder This Agreement tMtbfid@htered into this day of 20_by and between the CITY OF TWIN FALLS,State of Idaho,a municipal corporation,hereinafter called"City",and Paul A Fisher hereinafter called"Developer",for the purpose of construction certain improvements on property sought to be developed at_ 556 Main Avenue North 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: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: Furniture Showroom.;and, WHEREAS,the Developer is obligated to construct certain improvements pursuant to Title 10,Chapter I 1 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 cast of the proposed private improvements;and, WHEREAS,the City Council on 3b 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 street construction until NIA; 2)To defer construction of the required parking area surfacing,striping and lighting until N/A; 3)To defer the installation of required screening until N/A; 4)To defer construction of the required curb and gutter until N/A; 5)To defer construction of the required sidewalk until N/A;and 6)To defer installation of the required landscaping until September 30,2004, 7)To defer installation of the required arterial approach N/A II. Developer agrees to: 1)Complete construction of the above-listed improvements on the real property described above by the above-listed dates. lII. Developer further agrees that in the event that Developer fails to complete the aforementioned cons�pjp� the City may complete the construction at the City's expense and may file a lien against the aforementioned property for 111 e7 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 eonstrobt all of improvements required herein and to construct or contract for the construction of all such improvements. 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(1 S)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. Vt. 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. V11. 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 CITY OF TWIN FALLS ER Mayor STATE OF IDAHO o� STATE OF QAWday of 1��D On gLjjdday of P9 Qao/ before me a notary public in and f said State, personally before me a�notary public in and for said State,personally appeared � ap�tu� known to sdc to be the.person who name subscribed to the known to me to be the person who name subscribed to the within instrument,and acknowledged to me that withi ' strument,and acknowledged to me that executed the same. r.- executed the same 3E N Notary Public yy -..,� Notary Public ';L ,lam •���� �� ,O 1�ng dl+rwin Is,Idaho _`: � R 'to�t , SARY'L l im ion date ie'd� 0?6 d D � Expiratton�dale / ` �, C ?057 IMPROVEMENT DEFERRAL AGREEME-?,NoT This Agreement made and entered into this LLIay of D61-, ,;8_by and between the CITY OF TWIN FALLS,Stale of Idaho,a municipal corporation,hereinafter called"City",and , hereinafter called"Developer', for the purpose of constructing certain improvements on properly sought to be developed at 5 Sto rtwtiir i a Qy_-ro— WHEREAS, Developer cerlifies that he is the owner in fee simple or the authorized agent of the owner in fee simple of the real properly described on the attached Exhibit"A";and, WHEREAS,there is allached 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 he 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 file real property owner,authorizing Developer to act on behalf of said real property owner;and, WHEREAS,Developer desires to develop said real properly In the following manner: 5flou.sroo»y ;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 improvernenls exceed twenty-five percent(25%)of line cost of the proposed private improvements,and, WHEREAS,the City Council on /02-/ v v agreed to defer construction of the aforementioned improvements, WITNESSETH, that for and in consideration of the mutual promises, conditions and coyenanI contained herein,the parties agree as follows: Twill Ft1111 a,'Un yI,Idaho Recorded for: I. TWIN FALLS,CITY OF 07:57am Jan.25,2001 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 Paige' 4 Fee: •12.00 3)To defer construction of the required lighting until ROSERT S. FORT Ea-Of(Lcro Recorder 4)To defer construction of the required screening until ^ oeputW: co 5)To defer the construction of the required curb and gutter until AfAm Ave, 4-YO-Za03 rp)To defer construction of the required sidewalk until Ave. 9-3o._ooz 6;iw 5f.N• 9'�o•z°O3 7)To defer construction of the required landscaping until II. Developer agrees to: 1)complete construction of the above-listed impjpv9 �~�"I NO,bn lhe real property described above by the above-listed dates. Developer further agrees that in the event the Developer fails to complete the 8forernentioned 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 sucti 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 sthall be made or he 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 wi(heir 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, [heir heirs, successors in interest,and lawful assigns. In the event of a breach of this Agreement,or should legal action of BhX kind be taken to enforce the provisions hereof,the prevailing party shall be entitled to reasonable a f s a awarded by the Court. C/ITY OF TWIN FALLS,IDAHIHO Mayor STATE OF_L'E_ GD STATE OF COUNTY OF Z/11 � y 1" — COUNTY OF � (1 /172L(i On this `k `2oeo �/ — day offL #& before ego me a notary public in and for said Stale, personally On this Z�day of '' before appeared me a notary public In and for said Slate, personally �� ! / appeared fi3l/�j/ " D �ltw Mayor 9Zi.:,. �, � � known to me to be the person whose name subscribed to the ilhin instrument, „and known a t m to be the- person whose name acknowledged to me lh Zeculed Ihe,;ar�d.�Aw.N.• subscribed to the within instrument, and 7f .• acknowledged to me that executed[he same. .t9t ^/ 0 Notary Public _ lob 'Q f mmission E ires: i •,1 -.a u •� Notary Public Residing at ti Gnu i C Commission Exekes: - o0 6 Residing at O/i�i r 1 S 'V �.� .• El ••,,•+ O....... un ADO,,,,, b4�t O s �oTARr * +•� * STATE OF BL1C COUNTY OF 'r,•��'erOpas 9r��p me talnolary public in and for said State. personally appeared known to me to be the person whose name subscribed to the within Instrument, and acknowledged to me that_executed the same. Notary Public Commission Expires: Residing at DEVELOPER 2 C-3os7 TF27454 WARRANTY DEED Twin Falls County,Idaho ftcw"dForValue Received Ridtafd T.Sa and Gertrude L MERI bey Sabey,Ixrsbarxf arxt wife FIRST AMERICA TN RLE CO. 04:38 m Ost.OY Y000 ler Hereira cal to o Grantor,hereby grants,bargains,sets and conveys unto 2000—015402 Ho. or r v«I 03.18 Paul's Mercharxisig Setvba,Inc. Ex-O(rioro'RFieo�dr Deputy. CH whose address Is:P.O.Bcx 283,Twin Falls,Idaho 83301-Oa 23 Hereinailer called the Granbee.the tntmM desated premises situated in Twin Falls County.Idaho,bAkt Lots 9 and 10 in Bloc(82 of the fnal and Amended plat of TWIN FALLS TOWNSI TE,recorded in Book 1 of Plats,page 7. SUBJECT TO al easements,right of ways,eorvenants,restrictions,reservations,applicable bAcft and zm*hg arlinances and use aWlalions and restrictions of record,and payment of aoauirg present year taxes and assessrnerts as agreed b by parties above. TO HAVE AND TO HOLD the said premises,with their appurtenances unb the said Grantee and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that the Grantor is the a+urrer in fee sirnple of said premises;that said premises are free from al enwmhw)ces except current years taxes,lekri and assessments,and except U.S.Patent reservations,restrictions,easements of record,and easements viSE71e upon the premises,and that Grantor will warrant and defend the same from al clairns whatsoever. Dated:Outten 2,2000 Ricl ad T.Sabey Gertrude L Sabey STATE OF Idaho COUNTY OF TWIN FALLS N� On this / day of October,2000,bAn me Glenda Azeveclo,pasonaly appeared Ridiard T.Sabey and Gertrude L Sabey,imown or identified b me(or proved to me on the oath of),to be the person(s)whose narne(s)are subsobecibbowithin mertt,and acfToMedged to me that they]exearted the same. 4ReW*q rkkof�v GLENDA AZEVEDO at BduN NOTARY PUBLIC CUfTitYSSiOn ElQ]ires 0725POCi ' STATE OF IDAHO Stste of Idaho„` County of TWfn'FaI* �v •v''...i�'•. I hereby Q6riNy;fhe,�tiregoing fct; a a full, true and(*rrec —Py of th qrl rral. ROB T, fL . W FN,19 6pUATY R6CARDER ARTICLES OF INCORPORATION c -3e257 40 (Genera! Business) FILED To the 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: Article 1:The name of the corporation shall be: PAUL'S MERCHANDISING SERVIVhT,t faiciDAHO i i Article 2: The number of shares the corporation is authorized to Issue I&ONE Article 3- The street address of the registered office Is: U 290 FrT,F:F2 At/FMTiTF. a1FST� ,� TWIN FALLS, IDAHO 83301-4670 ._ and the registered agent at such address is:_,,m A Article 4: The name and address of the Incorporator are:_PAUL A. FI I J,ER, ,SAME A S 4i301r4-. Article 5: The mailing address of the corporation shall be: SAME AS ABOVE Optional articles: ' CO-01,11NER OF BUSINESS & EQUAL PARTNER IS JANET D. FISHER, WIFE. 7. Z'/ IN CASE OF DEATH OF OWNER & CO—OWNER, FULL AUTHORITY SHALL 7�eY' BE VESTED IN DAVID WAYNE FISHER, FULL BROTHER OF OiiNER. IN CASE OF DEATH OF DAVID WAYNE FISHER, FULL BROTHER OF OWNER, FULL AUTHORITY SHALL THEN BE VESTED TO BE LIQUIDATED AND ALL PROCEEDS SHALL BE USED TO FUND ENTERTAINMENT AND/OR EDUCATION EXPENCES OF THE OLD SOLDIERS HOME, BOISE, IDAHO, A14D TO BE ADMINISTERED BY THE DISABLED AMERICAN VETERANS ORGANIZATION, t IDAHO CHAPTER 5. 9 ✓ ANY OTHER ARTICLES OR AMENDMENTS TO ARTICLES CAN ONLY BE CHANGED OR ADDED TO BY THE PRESIDING OWNER ONLY. Cust"r Acd S. t w+o a•s.a uoa.A I� 09/13/1999 69:00 CK: 4122 CT: 120422 DR: 249M 1 ! 109.89 = INA CIRA! 2 _ l 3o-10s S etur f ipco r.