Loading...
HomeMy WebLinkAbout734 Main Ave S C-3805 SIDEWALK IMPROVEMENT DEFERRAL AGREEMENT This Agreement made and entered into this CZ day of , b by and between the CITY OF TWIN FALLS, State of Idaho, Ja municipal corporation, hereinafter called "City", and Tony Hoggarth and Sara Hoggarth, hereinafter called "Developer", for the purpose of constructing certain improvements on property sought to be developed at 734 Main Avenue South (formerly addressed as 712 Main Avenue South), legally described in attached Exhibit "A". 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 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: an expansion of an auto sales lot; and, WHEREAS, the Developer is obligated to construct certain improvements, namely 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(B) (2) to defer said improvements; and, r-� WHEREAS, the City Council on 1- L ���^ 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 sidewalk until such time as the obligation of sidewalk construction on adjacent property or properties allows the City Engineer to require construction under the conditions specified in City Code Section 10-11-5(B) (2) . II. Developer agrees to: 1) complete construction of sidewalk on the real property described above when required by the City Council. III. Developer further agrees that in the event the Developer fails to complete the aforementioned 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. TWIN I'AI,LS COUNT)' RECORDER FOR: TWIN FALLS. CITY OF 3:22:03 Pm 12-19-2007 2007-030353 NO, PAGES: 4 FEE: S VRISTINA GLASCOCK COUNTY CLERK DEPUTY: INUNTER 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 sidewalk; and 3) approval of finished sidewalk. VI. 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 State 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 any kind be taken to enforce the provisions hereof, the prevailing party shall be entitled to reasonable attorney fees and cost awarded by the Court. DEVELOPER CITY OF I FALLS, IDAHO -r y ony ogg Mayor Sar Barth STATE OF IDAHO STATE OF IDAHO On this 'day of On this day of 20 U , before me, a notary public in 200-7 , before me, a notary ublic in and for said State, personally and for said State, personally appeared known to me to be the appeared known to me to be the person whose name subscribed to person whose name subscribed to the within instrument, and the within instrument, and acknowledged to me that� acknowledged to me that executed the same. executed the same. � 1 ary Public of ry Publidj Resi gat Twin Falls, Idaho Residing at Twin Falls, Idaho Is LEILA A. SAN.1 E-Z �Y�.L!/Yt, l � 0SIN N0 TA.F JF: _E� ti 4�a sT STATE Y '? h� / Z r On this /r�"3ay of J�.. =p A /� y0 y 20 (j-), before me, a notary public in '�� ��►j •;; and for said State, personally •• • to he person whose known to t ameesubscribedtto the. within instrument, and acknowledged to me that executed the same: No ry Public 8 -as�� Residing at `%-Ir-raa-l-s, Idaho qoq =:he A�lY : z eti •''•.S�A TE .;• u RECORDING REQUESTED BY First American Tide Company TWIN FAI11S COUNTY RECORDED FOR: AND WHEN RECORDED MAIL TO: FIRST AMER I CAN TITLE CO First American Tide Company 4:03:31 Pm 03-02-2007 260 Third Avenue North 2007-004941 Twin Falls,ID 83303 M0. PNES., 2 FEE: StAl KRISTI A 06 9SCOCK COOK CRK DEPUTY: 1HIRITER space Above This Une for Recorders Use Only WARRANTY DEED File No.: 201422-TF(sg) Date: February 27,2007 For Value Received, Phillip Labat and Stephanie Labat,husband and wife, hereinafter called the Grantor,hereby grants,bargains,sells and conveys unto Tony Hoggarth and Sara Hoggarth, husband and wife, hereinafter called the Grantee,whose current address is 712 Main Avenue South,Twin Fails,ID 83301,the following described premises,situated in Twin Falls County, Idaho, to-wit: PACEL 1: LOT 5 AND 6 IN BLOCK 109 OF TWIN FALLS TOWNSITE,TWIN FALLS COUNTY,IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL 2: A 33.00 FOOT WIDE ACCESS EASEMENT OVER THE EXISTING DRIVEWAY LOCATED ALONG THE SOUTHEASTERLY BOUNDARY OF LOT 4 IN BLOCK 109 OF TWIN FALLS TOWNSITE,TWIN FALLS COUNTY,IDAHO,ACCORDING TO THE OFFICIAL PLAT THEREOF. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto 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 owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Exhibit "A"