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Home My WebLink AboutImprovement Agreement 89-09384~- ~9°°~~:3~~ DEFERRED IMPROVEMENT AGREEMENTr Property identification: 37 2C,~ 11G, 'CT. ~f500 1].00 ]3c~a1.I. Ilene Cent~:r:~7. Point, OR. THIS AGREEMENT between the CITY OF CENTRIaL POINT, herein- after referred to as "City," and IJon~~1.d N. F3a:11. anti Roy .I. Bates ............... . hereinafter referred to as "Owner." WHEREAS, Owner desired to develop the property described in Exhibit "A" but wishes to defer construction of permanent improvements beyond the time limits otherwise required, and City agrees to such deferment provided Owner agrees to construct improvements as herein provided, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS IiV INTEREST This agreement is an instrument affecting the title and possession of the real property described in Exhibit "A". All the terms and conditions herein imposed shall. run with the land and shall be binding upon and inure to the benefit of the successors in interest of Owner, Upon any sale or division of the property described in Exhibit "A", the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed nn Owner by this agreement. II. NATURE OF 0~3LIGATION A. City and Owner agree that the improvements set forth in this section may be deferred because immediate installation of such improvements is not deemed practical at this time. B. Owner agrees to construct the fallowing improve- ments in the manner set forth in this agreement: Starm drainage systems, sidewalks, bikepaths, curbs, gutters, streetlights and paving and street improvements that may benefit the herein described property. DEFERRED IMPROVEMENT AGREEMENT -1 ~ ?~ ~~~~~~8~ C. When the City Administrator determines that the reason(s) far the deferment no longer exists}, he shall notify Owner, in writing, of terms far perform- ance of the work. The notice shall be mailed to the current owner or owners of land as shown an the latest adopted county assessment roll. All ar any portion of said improvement may be required at a specified time. Each Owner shall participate an a pro rata basis of the cost of installation of the improvements. III. PERFORMANCE OF THE WORK BY OtdNER Owner agrees to the performance of the work deferred hereby, by conformance with one of the following options: A. WORK PERFORMED BY OWNER rv Owner is responsible for performance of the work and obtaining contractors therefor. Owner shall cause satisfactory plans and specifications far the improvements to be prepared and to submit said plans and specifications to the City Administrator for approval prior to commencement of the work to be done. Such work shall be done in accordance with City standards in effect at the tine the improve- ment plans are submitted far approval. Owner agrees to make payments required by the City including, but not limited to engineering deposits, permit fees and inspection fees. Owner shall notify the City Adminis- trator at least forty-eight (48) hours prior to the start of work. Prior to approval of improvement plans by the City, Owner may be required to execute and deliver to the City, a performance bond in an amount and form accepta- ble to the City, to be released by the City in whole ar in part upon the City's final acceptance of the work performed. If Owner disagrees with the requirements set Earth for installation of improvements as provided in this section, he shall, within thirty (30) days of the date the notice from the City Administrator was mailed, request a xeview of the requirements by the City Council. The decision of this Council shall be binding upon bath the City and the Owner. B. CONSTRUCTION AS LOCAL IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY - Owner's signature hereon shall be DEFERRED IMPROVEMENT AGREEP~ENT -2 equivalent to a petition required un Section 11,0.020 of the Central Point Municipal Code. If Owner does not complete the improvements himself under provisions of paragraph III, A, above, the City may des the work as a Local improvement project following the procedures established by ordinance for such projects and assess the cost against the property specially benefited. Permission to enter antes the property of the owner is granted to the City or its contractor as may be necessary to construct such improvements. Owner hereby waives any right of remonstrance to said improvements. IV. MAINTENANCE OF IMPROVEMENTS Owner agrees to provide any necessary temporary .facilities, access road nr other required improvements, to assume responsibility for the proper functioning thereof, to submit plans to the appropriate City agency for review if required, and to maintain said improve- ments and facilities in a manner which will preclude any hazard to life ar health or damage to adjoining property. City agrees to accept far maintenance those improve- ments specified in Section II, excepting sidewalks, which are constructed in accordance with City stan- dards, which are constructed in accordance with City standards, which are installed within right-of-ways ar easements dedicated and accepted by the City, anal which have received final acceptance by the City. Where the required work is performed by Owner pursuant to the above Section III, Il, the City Administrator will provide adequate and timely progress inspection of said work and upon completion of any said improvements in accordance herewith, will issue to the Owner his final certificate of inspection and acceptance thereof; provided, however, the Owner shall guarantee all improvements to be constructed in a workmanlike manner and to be free of defects far a period of two (2) years from the date of issuance of the final certificate and acceptance. If, in the opinion of the City Administra- tor, it shall be necessary to repair or replace all or part of such improvement within sand two-year period, the City Administrator shall so notify the Owner and it shall be the responsibility of said Owner to construct the necessary repair or replacement. If such construc- tion is not accomplished in a timely fashion, the City DEFERRED IMPROVEMENT AGREEMENT -3 €~~~°U;3:3~~ may construct or contract for such construction, and the Owner shall be responsible for all casts incurred. Assessment for such construction shall be as provided in Part IV. V ". DATED this '~ ~ da of (t ,:, y 7 ,- r -- '-, r o f ,i UWNER ~~.~~;~ ~~~_..._.:~ CITY Off' CENTRAL POINT ,, s r'j >.. ,. . -~ _. .. ~ SUBSCRIBED AND 5690RN TO before me this ~~ day of ~~ ~- ~, ,T ~,,o,~; Notary Publa.c for Oregon ~:. ~'~ ~~~`~~ :'~, Ify commission expires: ~'.-.-~ ~ ~ '•. ~ ~ r: ~ p ~~;, ~~ .;;,~~~ DEFERRED IMPROVEMENT AGREEMENT -4 DATED: _10/29/36 -..`~ `13E"~WEEN: _ Donald N. 13x11 ar~d 1,IV U Clol ! UKt:. C:XEi113~.T "A„ ("Grantor,"} __...__m_ ~. WHOSt~ ADDRESS IS: _..-----1100. 13ca11 I,ar7e ____-_- Cc~nt.x<~7 Po:i~t r _.OR ._.._ .__ 97~?._ _- _ .. .......... .__ ~....... __._ s._ _. AND: Va~lex -oi" tyre _1~cx~~e I3ar~tk .. _ I'hoct-ti~t._Eir'~r~rCkt.__._._ ..___....-----_-_._, Beneficiary ("Lender,>,} _..~ ._----- - ~ _..._ ~"trustee,") AND: _ _ _C~_at__er `1':~t1o Insuraracc Co. _ _ ____.. ..._ _.___.._ ~..__._ w.___. Granter conveys to Trustee for I~enefit of t_encler as Eeneficiary all of Grantor s right, title, and interest in and Eo the fallowing described real property (the "Real Property"}, together with all exist'sng ar subsequently erected ar affixed improvements er fix: _.___...__.._County,Stateof..__.-...... ._.? _~. -__-.-.- tures located in __~__._.~...__.._~._ -.. _. ... i'11I2C i, G i`iO . 1 Canrntencir~c~ at the Sauttic'ast corner of lonation Lard Claim No• 54 irl ')`ownship 37 South, Rancle 2 West of €-.tre 4~liltarnette h1er. iciian in Jackson County, Or_ec3on,• thc.nse S~Ic~st along the South line oC saki claim, 12913.62 Ceet to intersectiorr with 5outheas€: corner of tract described in Voiutne 197, E'age 18 of the Jackson County, OrecJan, Deer] Itecorcis; thence North 35° Od' lU" Hest (recorc9 Nc7r th 35° U5' 00" West } 36.613 f=eet ~~loncl t:he t;~~sterl.y line cif: tract <iescriberl in Deed Itecorcts to int.erGect the North Iirre of fieali i..anc~; theme East 125.0 Ceet aloncJ t_t~e North line of 13ea1]. Lane to the true point nf: beg inning; thence North 81.713 f:eet~; thence last 124.89 feet; thence 5o~tttr 0° t)4' UO" Eastr 81.78 feet to Nnrttr Line ot: 13call [.one; thence ti~Iest ]-2.5.U feet along North line of sai~~ 13ea11. [,one to t}ze true point oI I~eginninr~. F~1IRCEL NO. 2: Cc~rnrnc'ncirzg at t_1r~~ :iouthe~ast corner of: Donation Land Cl~~+irn No. 54 in TaWrrshil, 37 South, Itc-rn~ae 7, t~dest of the Willamet.tr~ hleric3i~~xn, Jackson County, Orc.gan; thence 4-IeSL ~ ,:Tong the .~outtr line oL said Claim, .tZ9`3.62 feet €:o an intersect.ion with ttre Soutlle~'rst sorrier of trs~ct {I r~:~r_r~.i'.~r'c~ in Vralurne 197, 13~-rge 13. J~:~ckson C:oLtnLy, Oregon. DE~sci 4tecarf~s; thence =lot-th 35° 03' lU" 4d~~st (record Not_th 35° 05' U0" West) 36.68 feet, along the Easterly 3.it1e of said tract, to ~nt2,Ue0tfaat tortheline of C3c~~-~11 mane; thence i±a:~t, alarlg sc3.I.C1 North line,