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HomeMy WebLinkAboutDA 99-04405* • /G '56 �0 99-0.405 DEFERRED IMPROVEMENT AGREEMENT for Central Point East Development, Phase 1, Central Point, Oregon This agreement made by and between DeCarlow Homes, Inc., an Oregon Corporation, hereinafter referred to as "Owner" , and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". Recitals 1 . Owner is the owner of real property known as Central Point East Development, Phase 1 , a residential subdivision located in the southwest quarter of Section 1 , Township 37 South, Range 2 West, of the Willamette Meridian, City of Central Point, Jackson County, Oregon, which property is fully described as: BEGINNING at the INITIAL POINT being a brass disc, set in concrete, which bears North 00'10'20" West 1443.37 feet and North 89'37'14" East 669.92 feet from a brass disc monumenting the Southeast corner of Donation Land Claim No. 55 In Township 37 South, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence North 38'16'40" West 65.43 feet; thence North 51'59'44" East 114.79 feet; thence North 55'21'36" East 52.06 feet; thence North 51'5§'44" East 127.85 feet; thence South 38'00'16" East 80.94 feet; thence South 38'29'48" East 52.00 feet; thence South 38'00'16" East 122.68 feet; thence South 19'16'32" East 44.28 feet; thence South 14'10'28" East 97.86 feet; thence South 21'57'52" East 61 .00 feet; thence South 14'53'37" East 428.96 feet; thence South 28'24'00" East 87.30 feet; thence South 50'00'43" East 18.78 feet; thence South 34'42'27" West 368.05 feet; thence South 00'00'10" West 74.00 feet; thence South 00'45'36" West 52.00 feet; thence South 00'00'10" West 364.37 feet to a point on the Northerly right-of-way line of Biddle Road; thence North 85'47'17" West 22.78 feet; thence along the arc of a 1 1509.1 6 foot radius tangent curve to the left (the long chord to which bears North 86'06'08" West 126.21 feet) an arc distance of 126.22 feet; thence North 03'35'01" East 8.21 feet to a point on the Northerly boundary of Donation Land Claim No. 56, said Township and Range; thence continue South 89'37'14" West along said right-of-way line and along said Northerly boundary a distance of 153.38 feet to a point 732.60 feet Easterly of, when measured at right angles to, the Easterly boundary of the aforementioned Donation Land Claim No. 55; thence North 00'10'20" West, parallel to said boundary, a distance of 247.95 feet; thence South 89'59'50" East 120.00 feet; thence North 00'10'20" West 235.33 feet; thence South 89'37'14" West 120.00 feet to a point 732.60 feet Easterly of, when measured at right angles to, the Easterly boundary of said Donation Land Claim No. 55; thence North 00'10'20" West, pdrallel to said boundary, a distance of 571.52 feet; thence North 89'49'40" East 117.51 feet; thence North 75'06'23' East 96.55 feet; thence North 14'53'37" West 262.25 feet; thence South 51'59'44" West 101.00 feet; thence South 89'37'14" West 64.48 feet to a point 732.60 feet Easterly of, when measured at right angles to, the Easterly boundary of said Donation Land Claim No. 55; thence North 00'10'20" West, parallel to said boundary, a distance of 143.72 feet; thence South 89'37'14" West 62.58 feet; thence North 00'22'46" West 29.65 feet to the Initial Point of Beginning. 2. Owner has applied for a permit in connection with construction of the said development, and City has reviewed and considered such application. 3. In reviewing Owner's applications, City has determined that as one of the conditions of approving said proposed development in accordance with Central Point Municipal Code (CPMC) Chapter 12.04.015, it is reasonable and necessary that Owner construct and/or install certain improvements, and that without such improvements the application for the development would be denied. 1 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (11999) 99-04405 4. As requested by the Owner, City has further determined that immediate construction and/or installation of the necessary improvements is not practical at the present time. 5. Owner agrees that said improvements are reasonable and necessary and that he or she will install them at the time and in the manner hereinafter provided. Now, therefore, based on the foregoing and the mutual promises and covenants contained herein, it is agreed as follows: Aareement 1 . Improvements to be Constructed or Installed. Owner agrees to construct and/or install the following improvements: A. Construction of an approved irrigated landscape buffer/safety barrier along the back of lots 130, 131, 134 through 137, 184 through 190, 192 through 194, and 219 through 225. The sections of the irrigated landscape buffer/safety barrier along the backs of lots 130, 131, 134 through 137, and 188 through 190, are to be completed within six months of the date of the execution of this agreement. The remaining portions of the irrigated landscape buffer/safety barrier are to be constructed within two years of the date of the execution of this agreement. B. Construction of an approved landscape buffer (with, as a minimum irrigated landscaping, meandering sidewalks), along the portions of Hamrick and Biddle Roads that adjoin the subdivision (Phases 1 through 7). The portion of the landscape buffer that adjoins the lots of Phases 1 and 2 shall be completed within 6 months of the date of the execution of this agreement. The remaining portions of the landscape buffer along Hamrick and Biddle Roads shall be constructed within two years of the date of the execution of this agreement. C. Completion of all sidewalks and driveway aprons within the subdivision as shown on the construction plans for the said subdivision that were conditionally approved on February 27, 1998, 1998, and as subsequently revised and approved by the City. The sidewalks and driveway aprons will be completed, at a maximum, within 2 years of the execution of this agreement. 2 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (1 1999) D. Payment of $60,227.34 to Jackson County on or before December 31, 1999, to fully satisfy the Jackson County Road and Parks Services' requirements and the Owner's obligation for construction of a right-turn lane and/or a right-turn taper lane on the northbound portion of Hamrick Road at the intersection with Beebe Road. 2. Time of Makina Improvements. The parties agree that City shall determine, in its discretion, the time for construction and/or installation of improvements. There shall be no specific limitation as to when the City may require the improvements to be made, except as conditioned below. Owner specifically understands that City may demand performance at any time, and Owner agrees to perform upon such demand. At such time as City determines the improvements shall be made, City shall cause written notice to be sent to Owner at the current known address of the Owner. Such notice shall inform Owner (which term includes any successors in interest to Owner) that the improvements shall then be made, and such notice shall set forth the time requirements deemed proper by City for submission of plans, specifications, start of construction, bonding requirements, if any, completion of construction, and any other provision deemed necessary by City. Owner shall then proceed, according to the time schedule set forth by City, to submit plans, and after approval thereof by City, to commence and complete the construction and/or installation of the improvements. 3. Resoonsibilities of Owner. Owner shall be responsible for the following: (a) Preparing plans and specifications for the improvements and submitting the same to City for approval; (b) If required by City in City's discretion, posting a performance bond in an amount and form deemed sufficient by City, to be released upon satisfactory completion of the project and acceptance thereof by City; (c) Construction and/or installation of all improvements specified herein; (d) Payment of all applicable fees, including, but not limited to, any applicable engineering deposits, permit fees, development fees, and inspection fees; and (e) Owner shall notify City, at least 48 hours prior to 3 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (11999) 99-1)4405 commencement of the work, of Owner's intention to commence work. 4. Quality of Work. All improvements shall be constructed and/or installed in conformance with all applicable City Public Works Department and/or Building Department standards and codes; shall be constructed in a workmanlike manner; and City shall also have authority to modify the design as the work progresses. 5. Warranty of Work. All improvements shall be free from defects, and Owner is deemed to have guaranteed the work to be free of defects for a period of two years from the date of issuance of the City's written acceptance of the work. If during such two year period City determines that repair or replacement of all or any part of the improvements is necessary, City shall so notify Owner and Owner or its agent shall effect the necessary repair or replacement. 6. Traffic Signal at the Intersection of Hamrick and Beebe Roads. The Owner shall pay the apportioned share of the costs for the design and construction of a suitable traffic signal at the intersection of Hamrick and Beebe Roads, as determined by the City and Jackson County. 7. Local Improvement District. This agreement may be superceded by the creation and establishment of a Local Improvement District, which includes said Development, for the noted improvements along Biddle Road and/or Hamrick Roads, and the traffic signal at the intersection of Hamrick and Beebe Roads. 8. Failure of Owner to do Work Reauired. In the event that Owner fails to timely complete the initial or warranty work required, in any manner and time period required herein, City may, at its option, determine to construct and/or install, on its own, at the Owner's expense, the improvements specified herein. In that event, City may accomplish the work and then assess the cost thereof against the subject property, in the same manner as City assesses costs against properties benefitted by local improvement districts pursuant to CPMC Chapter 11 .04. Owner is deemed to have consented to City entering onto the subject property, as necessary, to construct and/or install the improvements. 9. Aareement Bindina on Successors in Interest., This agreement shall run with the land and be binding upon all successors in interest of both parties. It is specifically understood that a memorandum of this agreement will be executed by Owner and recorded so as to notify all third parties of the existence of this agreement and the nature of the obligations contained herein. 10. City Council to Decide Disputes. Should Owner disagree with any of the discretionary decisions or requirements made by City hereunder, Owner may have such decision or requirement reviewed by the City Council. Owner shall notify the City Administrator, within 10 days of Owner's receipt of such decision 4 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (11999) 99-04 WI or requirement, that he or she seeks review by the City Council. The City Administrator shall then place the matter on the agenda of the next City Council meeting, and the Council shall rule on the matter at that time. Both parties agree to be bound by the decision of the City Council. 11 . Attorney Fees.. In the event either party shall take any action to enforce or interpret any of the terms of this agreement, including rescission, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, including those incurred in any appeal, if any. 12. Disclosure of Representation. This agreement has been reviewed by Douglas M. Engle, a lawyer representing City only. Owner acknowledges having had an adequate opportunity to consult a lawyer of his or her own choice before entering into this agreement. EXECUTED IN DUPLICATE this 2V day of 'ThiAvc /-! , 19 , each party retaining an original. I OWNER CITY O E Cb--141- --- NTRAL POINT By �� �E By: / ("..a_ Steve DeCarlow 7 Mayor Bill Walton President, DeCarlow Homes, Inc. - STATE OF OREGON ) ss. County of Jackson 1 On the,X4 day of,, O-Cluw-rtAr , 19 , personally appeared before me the above-named Steve DeCarloSk, President, DeCarlow Homes, Inc. and acknowledged the foregoing instrument to be his voluntary act and deed. :. OFFICIAL SEAL Notary P blit f Oregon iT g JUDY MABE y NOTARY PUBLIC OREGONMy Co fission Expires: ( 0- 1" l-Da COMMISSION NO. 313540 MY COMMISSION EXPIRES JUNE 14, 2002 STATE OF OREGON ) ss. 5 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (11999) 99-4)4405 County of Jackson ) Jt-. On the ,-1D day of - c> c.c <i. , 19` tt , personally appeared before me the above-named Mayor Bill Walton, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of C ntral Point. 424,, , -4,1- ' ,4,--size-)/^- re Notary Public for O6on i----,- 1 � OFFICIAL SEAL 4 DEANNA GREGORY My Commission Expires: S -13-06.) CV.+ NOTARY PUBLIC-OREGON COMMISSION NO. 054002000 MY COMMISSION EXPIRES MAY l � Jackson County, Oregon Recorded OFFICIAL RECORDS JAN 2 7 1999 /o.'5-o_ (._f . COUNTY CLERK 6 - DEFERRED IMPROVEMENT AGREEMENT - Central Point East Development, Phase 1 (11999)