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Home My WebLink AboutImprovement Agreement 89-28789y /.`7,c~v DEFERRED IAIPROVEA~'ATT AGRF.Ec~'[ENT Property identification: 37 2Ld 3AB ]'ax Lot. ~a20C3, l~~1.2 Scenic 1lvenuc, C~artt~:a.1. Point, 01Z I'.IIS AGREEi4EATT between the CITY OF CENTRAL POINT, herein after referred to as "City," and Daryl. J. and Tto~ana .T. H,un 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 determent provided Owner agrees to construct improvements as herein provided; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. AGREEMENT BINDING ON SUCCESSORS TAT TATT`ER.EST This agreement is an instrument affecting the title and possession of the zeal property described in Exhibit "A". A11. 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 ox. Owner. €Jpon 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 on Owner by this agreement. II. NATt3RE OF OBLIGATION 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 tame, B. Owner agrees to construct the following improvements in the manner set forth in this agreement: Future widening of Scenic Avenue and installation of curbs/gutters, sideraalk, driveway approach, storm drainage on Iot frontage rath Scenic, and share cost of street lights that may benefit the herein described property. C. When the City Administrator determines that the reasan(s} for the deferent no longer exists}, he shall. notify Owner, in writing, of terms for performance of the work. The notice shall be mailed to the current owner or owners of land as shown on the latest adopted county assessment ro11. 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. DEFINiPRO . AG/PLANWf~ III. PERFORMANCE OF THE A'ORK BY OWNER Owner agrees to the performance of the work deferred hereby, by conformance with one of the fallowing options: A. WORK PERFORMED BY OWNER -- Owner is responsible for performance of the work and obtaining contractors therefor. Owner shall cause satisfactory plans and specifications for the improvements to be prepared and to submit said plans and specifications to the City Administrator far approval prior to commencement of the work to be done. Such work shall be done in accordance with City standards in effect at the time the improvement plans are submitted for approval. Owner agrees to make payments required by the City including, but oat 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. Pxior 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 end farm accepta- able to the City, to be released by the City in whole nr in part upon the City's final acceptance of the work performed. If Owner disagrees with the requirements set forth for installation of improve- ments as provided in this section, he shall, within thirty {30) days of the date the notice from the City Administrator was mailed, request a review of the requirements by the City Council. The decision of this Council shall be binding upon both the City and the Owner. B. CONSTRUCTION AS LOCAIs IMPROVEMENT TO BE ASSESSED .AGAINST PROPERTY - Owner's signature hereon shall be equivalent to a petition required in Section 11.04.020 of the Central Point Municipal Code. If Owner does not complete the improvements himself under provisions of paragraph III, A, above, the City may do 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. Per- mission to enter onto 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 prova.de any necessary temporary facilities, access road or other required improvements, to assume responsibility far the proper functioning thereof, to submit plans to the appropriate City agency for review if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. City agrees to accept for maintenance those improvements specified in Section II, excepting sidewalks, which are constructed in accordance with City standards, which are installed within right-of-ways or easements dedicated and accepted by the City, and which have received final acceptance by the City. Where the required work is performed by Owner pursuant to the above Section III, B, 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 shah. guarantee all im- DEx IMPRO . AG f PI,ANWK pravements to be constructed in a work3nanlike manner and to be free of de- fects for a pexiad 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 said two-year period, the City Administrator shall so notify the Ownor and it shall be the responsibility of said Owner to construct the necessary repair or replacement. If such construction is not accomplished in a timely fashion, the City may construct or contract fnr such construction, and the Owner shall. be responsible for all casts incurred. Assessment fox such construction shall be as provided in Part IV'. OWNER 3y : r By: DATED t~'115 ~ s ~ ~~ ~ ~ day of l~ecc~mber CITY OF CENTRE POIN'T' BX: 19 89 S~7 ~`CF~IB~~' {~~ SWORN TO before me this ~ ,7 ~ ~ b , ~~ ~= day of ,~L ~ <= z..-~ "~-C~~~.-~ 19~~. y \ ``', and ... --- ~' Notary Public for Oregon }}~ ~{,~ ,;a i,~'~ My commission empires: ~ ~',~._~" - ~~,~~ ~~ • ~ ~. . " P~ ~ t- ..~ ``~V ~~~~. ~ ~' ~ ~ `~ ~ ~p~ ~~ / DEFIMPRO.AG/PLP.NWK a ~J r-~ -~-~~-,L_ I~~~~ri ~I 1=~ -'~~_r J:: ,~~° fp!'F d ~ ~ /~°° 9 ~~ .. 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