HomeMy WebLinkAboutDA 99-38136* 99-38136
595XACPDV #595—Central Point
6/14/99 2:11 PM Central Point, OR
CITY OF CENTRAL POINT, OREGON
ADDENDUM TO DEVELOPMENT AGREEMENT (Mountain View Plaza)
June II5, 1999
The following addends the DEVELOPMENT AGREEMENT (Mountain View Plaza)
dated June Ir, 1999, (the "Agreement") by and between the City of Central Point, a
Municipal Corporation of the State of Oregon (the "City"); and Mountain View Plaza, LLC, an
Oregon limited liability company(the"Developer").
WITNESSETH
Whereas, the Developer and the City entered into the Agreement whereby the Developer
would construct certain public improvements within two hundred forty (240) days after the date
the Agreement is executed;
Whereas, Albertson's, Inc., a Delaware corporation, 250 Parkcenter Blvd., Boise, ID
83706 ("Albertson's"); is the owner of one of the Parcels in Mountain View Plaza and intends to
construct a retail supermarket/drug combination store on said Parcel, for which the City will
issue one or more building permits;
Whereas, Developer is obligated to permit, design and construct the public
improvements described in Paragraph 2 of the Agreement;
Whereas, Albertson's is obligated to reimburse Developer for Albertson's fifty-one and
sixty-one/100s (51.61%) proportionate share of the costs for such public improvements, upon
receipt and approval of pay applications prepared and approved in conformance with Section
10.2 of that certain Development Agreement between Developer and Albertson's, recorded
August 20, 1998 (the"Development Agreement");
Now, therefore, Albertson's acknowledges and agrees with the parties to the Agreement
that:
(1) In consideration of Developer's execution of the Agreement and assumption of
the obligations thereunder, Albertson's agrees to reimburse Developer, in accordance with the
Development Agreement, for Albertson's fifty-one and sixty-one/100s (51.61%) proportionate
share of the costs for such public improvements, including City's costs of administration and
inspection of the project as required by Paragraph 7 of the Agreement.
(2) No Certificate of Occupancy will be issued by City until final completion,
approval, and acceptance of the improvements by the City (including all required improvements
to Freeman Road and the intersection of Freeman Road and Oak Street), in accordance with the
99-;38136
entire Development Agreement, unless otherwise approved for issuance by the City's
Administrator, Public Works Director, and Building Official.
Except to the extent specifically revised herein, all provisions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the City has caused this Addendum to be signed by the City
Administrator (Manager) for Central Point, Oregon, the Developer has caused this Addendum to
be signed by its authorized representatives, and Albertson's has caused this Addendum to be
signed by its authorized representative as of the date and year first above written.
CITY OF CENTRAL POINT, OREGON: DEVELOPER:
MOUN ,VIEW PLAZA, LLC
B
CA,Ara-An'NBY: '
Bill Walton Galpin
Mayor M'anager
By: ALBERTSON'S,INC.
£yAdmuustrator
By:
Lee Mumford
\, ice President eal Estate Law
99--38136
STATE OF OREGON)
) ss.
County of JACKSON )
Bill Walton acknowledged this instrument before me on the 154►. day of
J'•INV. , 1999, as MAYOR of CITY OF CENT' • L POINT, O ' GON.
04_,_ . ..- 4 _ re/r..,.../
12 OFFICIAL SEAL Notary Public for Orego/
, DEANNA GREGORY (�
7 ARPRO
COMNOTMISSIONY NO.UBLIC-O054004EGN f MyCommission Expires: r-/3— 3
MY COMMISSION EXPIRES MAY 13, 2000 II P
STATE OF OREGON)
) ss.
County of JACKSON)
James H. Bennett acknowledged this instrument before me on the / qday of
�v nye , 1999, as CITY ADMINISTRATOR of CITY OF CENT' • L POINT,
OREGON.
f„,.',� OFFICIAL SEAL Notary Public for Oregon
DEANNA GREGORY
;m NOTARY PUBLIC-OREGON P
„- " COMMISSION NO. 054004 f MyCommission Expires: S'-/3,64)
` MY COMMISSION EXPIRES MAY 13, 2000 ,; ommon P
STATE OF IDAHO )
) ss.
County of Ada )
On this /t)' day of 01)-i'Le , 1999, before me, the undersigned, a
Notary Public in and for said State, personally appeared C. Lee Mumford, to me known to be
the Vice President, Real Estate Law, of Albertson's, Inc., the corporation that executed the
foregoing instrument, and acknowledged to me that the said instrument is the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in
this certificate first above written.
••••�.......h4sl
My commission expires: ••• 11E 1. A,jp'•.,,
12-- 24 - z 1 �' die °•�-1,% 0 IIP, /
• IOTA, o g /
• • - Notary Public in and Lor the
•• S : * a State of Idaho.
S It -PUBLIC e
1. cls : ; z Residing at Boise, Idaho.
�' •. O .`•
3 4118.I.I.10.
99--3813*
STATE OF OREGON )
) ss.
County of Jackson )
On this 15 day of ,T)N E , 1999, before me, the undersigned, a
Notary Public in and for said State, personally appeared C. A. Galpin, to me known to be the
Manager of MOUNTAIN VIEW PLAZA, LLC, the limited liability company that executed
the foregoing instrument, and acknowledged to me that the said instrument is the free and
voluntary act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the said instrument.
WITNESS MY HAND and official seal hereto affixed the day, month and year in
this certificate first above written.
My commission expires: kV__
rotary Public in and for the
State of Oregon.
r.�. �--- - Residing at fr4ny (�'t-ti , Oregon.
�? f'"��, OFFICIAL SEAL
( '``- % 1. ARLENE LA ROSH
/ .-z NOTARY PUBLIC OREGON
) \-,.,:., . Capp st N0, tl60384
MCOMMISSION EXPIRES DEC. 22, 2000
Jackson County, Oregon
Recorded
OFFICIAL RECO DS
JUL 2 0 1999
COUNTY CLERK