HomeMy WebLinkAbout704 2nd Ave N C-1175 J �sa� fug .,
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Ana a.� +:� jr-It this day of
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and
WUEREAS, there is attached hereto and incorporated herein
as: if the Same were set out in full, a certified copy of the
geed to the above described real property, marked Exhibit 'A' ,
showing ownership of said real property to be in .Developer, or,
as the ease 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
3 simple in someone other than Developer together with a notarized
authorization, signed by the real property owner, authorizing
Develol-ar to act on behalf of said real property owner; and,
WHEREAS, Developer desires to develop said real property
in the following manner: f-">fe5s�ona � ����e
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and,
WHEREAS, the Developer is obligated to construct certain �
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improvements pursuant to Title 10, Chapter 11 of the Twin Falls
City Code; and,
TvIEREAS, the City is authorized, pursuant to Twin Falls
City j5de. Section 10-11-1 to defer said improvements for a period
apt to exceed three (3) years when the cost of the required
i provements 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
1 promises, conditions, and covenants contained herein, the parties
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agree� as follows;
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'City agrees: 1) To defer const"ruc�ttion" of the required
street construction until 1A 2) To
defer construction of the required/parking area surf'aci.ni* sl-:rlp--
ing and lighting until N� �; 3} defer
construction of the required screening until.
4) To defer construction of the required 'curb and gutter Ubtil
se @r 30 -1906 � 5) To defer constructi, of the r
required sidewalk until
Developer. agrees 66 1) Complete con hructION WE h
alcove-listed improvements on the x;eal. :proport;t dMAbat above
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by the above-listed dates.
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bevu,lope:r farther agrees that in the evalt that Developer
fails to complete the a.foremeDtioned constrwtion, the City may
complete the construction at the City} expwa e and 63.;y file a
ly,
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lien against the aforementioned property for expenses incurred
by the City in said construction.
IV.
Developer agrees to pay tree total actual cost of all 1
ti r :j materials, labor and equipment necessary to completely construct
all of the improvements required herein and to construct or con-
tract 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 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.
VI
The Developer agrees to: 1) allow the City full and com-
plete access to the construction; 2) provide all materials neces-
sary to conduct all tests; and 3) provide the equipment and perform
or have performed any testing of manufactured materials required
by the :Cty Engineer.
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VII. ;
Developer agrees to obtain any necessary u � Y permits from �
the Twin Falls Highway District or the State of
Idaho Der rtment
Of Highways '
y prior to constructing improvements on their respec-
tive rights_ _ _
of way if said permits are required by the afore-
mentioned
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mentioned agencies. A certified co i{
Py of said permit or the
original of said permit shall be submitted to the City prior to
beginnings
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 here
of, the prevailing' party shall be entitled to reasonable attorney
fees and costs awarded by the Court.
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CITY. OF TWIN- FALLS, IDAHO
By
Mayor
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ATTEST:
,�-D puty City Clerk
DEVELOPER
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t STATE OF IDAHO )
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County of Twin Falls )
On this I day of `%``i f.,:�� 19 before
me, the undersigned, a Notary Public for Idaho, personally
appeared
f known
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to me to be the Mayor of the City of Twin Falls, Idaho, whose
name is subscribed to the foregoing Deferral Agreement and
VY
as
acknowledged to me that he executed the same on behalf of the
City of Twin Falls.
IN WITNESS WHEREOF, I have set my hand and seal the day
and year first above written
l , 9
i46tary` Public for Idaho
J Residing at Twin Falls, Idaho
f STATE OF IDAHO' ) r 1
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Y r County of Twin Falls ) y
Cn this / s day o f l
l 19 bef ore
me, the undersigned, a Notary Public for Idaho, personals
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y appeared
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to me to be the person whose name i.s subscribed to, the within.
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instrument and acknowledged to me that he is the legall
qualified signator and that he has executed this instrument as
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= y the Developer,
IN WITNESS WHEREOF
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have, I e hereunto set my hand and seal
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Lne day and. year first above written
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fy Notary PLbllc for .Id�110 y
Residing at Twin palls, Idaho
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courtesy of `a cl IeFa , -z!
'I`vvin$alis, ;tlaho
WARRAUCIT DEED For Vale Received
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Heremarltpr called d the rancor, hereby grants, bargains � s
g sell.. and comey� unto
•, GP?R__TN. G{Tt-i and DDINtN!; G- L _'N's 70 yr ;=iu baiilrs! _-e }
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( tlhc t address is: 704 2nd. Ave. N. 9.iwin Falls, T'daho 83301
Hereinafter called tile. grantee, the following described premises, in .._--t._T;..�v County, Idaho,
..,:�' n{7.•g .i C>.^_'r wig. .t � �h� 1 Lliti i-t y'-c.. _ r_�::_i`-.i.y}. a�cw� r t
s�` I ct i.'t.. r l;:Yi.G -r'• t^Y...f?f a1 art_ -arne SCGti oIwit t ?
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, of
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i,Q 1 1 riFr`t'�17 '•t1st.Ge i t_ S„ _1 L - '
ar, i Ems, rr _..od. l_ l: ,0r
y•, - ,., which the Grantee's herein assume the principal
' balance and agree to pay according to the terms and conditions
thereof.
i i(y(f (P11-1FA S'iF,�L1R1��C\I 04, 1tOt
a0 r 0^•` Gp01` ^��r�, , ,' I ��Ir�;:' .
r N ✓ r r 4oR G\NM1���cQ J Lao'D
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or
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, ITO lI1VT: A:ND TO; HOLD the,said prenilses with them appurtenances/unto the said Grantee
r and to t.hc Grantee's heirs .ind .assigns forever. And the said (.cantor dies hereby
j covl ti i.it .[o ,ind �cilh the said Grantee, that the (',raptor is the Owner in fee siurple of said premises; I
th'it tho are line from.all incdmbrancr;a except, as described above and that Grantor will warrant y
v and defend the :;amkf from all lawful claims whatsoever. s �
February 14, 1983
a" c_'ti:� Aqc-1..
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i'hT'I tr :DAH0, COUNTY OF r Wlrs i- 8 "!r- I STATE OF IDAHO, 'COUNTY OF Twin Falls Cn '-
I hereby .tertif that this insfrmnent was Tired far record at 011 t 14th day or February , is 8, y
is before me .;. notaryI the request st o" Inc. i C
public in find for said State, per- i T�tleFaet r Y.
sonnrr} ail,ared .� �: M
at pas o'clock in., H
this FEB_. J t day of i/ fi
19 � in my office, and duly re::orded in.Hooky
of Deed:; at page C1 Li U ✓tc 1
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r � kuu.or, ir`-..: It" n i"ctx: prrso., S wh,}Sc txerme S ar" E•'l ;�.�3� r�� R•,� a�,
1- subti•, 6(.,d to the trrn hi,trimer.L, and-zirknowiei3ge,1 to ---.- -- --
m.: thin '� ' ei:ecaitod fhr same.
Itx Officio itecoider'
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I / N?ta*, i; brie
Resiriing at Twin Falls Idaho
Comm Expirf-s Life � i47aii to: Grantee'S above
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