HomeMy WebLinkAbout761 Main Ave E C-1451 t
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IMPP,OVE11ENT DEFERRAL AGREEMENT "
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This Agreement made and entered into this day of
19 1�, , by and between the CITY OF TWIN FALLS, State of Idaho, a municipal
corporation, hereinafter called "City", and M.
hereinafter called "Developer", for the purpose of constructing certain
improvements on property sought to be developed at 76/ Mcti;j Ave. E. _
WHEREAS, Developer certifies that he is owner in fee simple or the 1.
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 -M
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
ovm er; and,
WHEREAS, Developer dey$ires to develop said real property in the following
manner: l7�C'sfr�.rcv+� r �rpAhr�'o N and, s"
WHEREAS, the Developer is obligated to construct certain improvements, J
namely curb-gutter and sidewalk, pursuant to Title 10, Chapter 11 of the
Twin Falls City Code; and,
WHEREAS, the City is authorized, pursuant to Twin Falls City Code '
Section 10-11-5(B)(2) to defer said improvements; and, F,
- 1 =
WHEREAS, the City Council on
agreed to defer construction of the aforementioned improvements, l '
WITNESSETH, that for and in consideration of the mutual promises, conditions, I
and covenants contained herein, ,the parties agree as follows: 4 ;
City agrees. 1) to defer construction of the required curb-
gutter and
sidewalk until Se errloer.3� /9$B
or until such time as he obiiga ion of curb-gutter and sidewalk construction
on adjacent property or properties allows the City Engineer to require construction r
under the conditions specified in City Code Section 10-11-5(13)(2)
II. r i
f 3
Developer agrees to: 1) complete construction of curb-gutter and sidewalk ;f,
on the real property described above when required by the City Council . " STP
O
son
Developer urther agrees that in the event that 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.
IV. sh
Developer agrees to pay the total actual cost of all materials, labor and #o
equipment necessary to completely construct all of the improvements required ri
herein and to construct or contract for the construction of all such improvements.
IR
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 1
beginning wort; and the request for an inspection shall be made one working
day before the required inspection. Developer agrees-to pay all costs re-
`''';r'� sul .ing from his failure to properly schedule and request a required inspection
j d. Developer
or from proceeding with work before receiving approval to procee
F, agrees to remove or correct any rejected, unapproved or defective work or
materials all as required by the City Engineer. I'
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 curb-gutter and sidewalk. ? f
V1.
_ F
The Developer agrees to: 1) allow the City full and complete access to
the construction; 2) provide all materials necessary to conduct all tests; y,
and 3) provide the equipment and perform or have performed any testing of
manufactured materials required by the City Engineer.
VII.
L'4
Developer agrees to obtain any necessary permits from the.Twin Falls .y
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 ',e 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 r f!
any kind be taken -to enforce the provisions hereof, the prevailing party
shall be entitled to reasonable attorney fees and:cos ts;awarded' by the
Court. ' G
CITY OF IN FALLS, IDAHO
:. BY
ri 1 J r y f Mayor
I o
y
uty Cit, er
,
DEVELOP!
< /r
y z -y }
l
1 3 S
STATE OF IDAHO;COUNTY OF STATE OF IDAHO;COUNTY OF
On this aOf� day,bf wU ,19 on this f day,of�¢p
before me, a notary public In and:for said State,per before me, a notary public in and for said.State,per
"sonay a ?ared ! , sonally appearedow
r ;
f
r , � �o u G- ��6-4�i-e�^ ��s•
f }
knoiv to me to be the person who name known to me to be the person who'5 name
-i r
shbscribed•to 01e NAthln instrument,and acknowledged subscribed to the within instrument,and acknowledged
E f-to;me that %x executed the same. to me that, executed the same.
n a n
{ r — Notary PubIIc t a: Not P Pub1Sc
Reslc3ing aL'Sevin Falls,Idaho T lding at Twin Falls; Idaho
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WARRANTY DEED
C11 VONrUM BAKE' , .t widow it t i
I {;rancor,hcrrbr grants,barkaina, sells,end conveys,unto
E. Tl. 11. INC., an Idaho corporatr on,
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Q r ath•d Ill, grantee, the following described premises situated in Twin Falls County, Idaho,
t+!S a Lot 18 in Block 93 of TWIN FALL TOWNSITE,
4'J Twin Falls County, Idaho. acconling to the
of the County
plat thereof recorded in the Office
{; Recorder of said County.
Subject to taxes and assessments for 1970 r 3
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f , of IDAtiO S$
J UNIY of 1AVIN'�AL:S
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e its my C°?SifY '
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'y i'U liAl'k:AND 7'0 1i01.I the said premlim. with thclr apDurtrnanom unto the,"id Grantee and r
ti ihr Cr.vttre's heirs and assiim3 forever. And the rrantor does herebT covenant to ati8 whh the said
pie of
s' r ;" �hirnntcrn rxrd premlses,that they Ire f
IlAtl tt{asf nl}o�cantardracritx'fl,and Is the owner llhateCfantor willlwsrrnnt and dafend tho nr. from all ilaKful
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