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HomeMy WebLinkAboutImprovement Agreement 89-09386/1j J ~~ v r DEFERRED IMPROVEMEN`T' AGREEMENT Property identification. 37 2W 10A~3, TI, 200 224 S. ~1my St. , i;netr_al Point, OR. (7.egal descripCion ateached) THIS AGREEMENT between the CITY OF CENTRAL POINT, herein-~ after referred to as "City," and ~t.S. and Genevieve ~sl~enberner as "Owner." hereinafter referred to 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; N06~, THEREFORE, IT IS AGREED AS ~'OLLOYTS : I. AGREEMENT BINDING ON SUCCESSORS IN 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 ar division of the property described in Exhibit "A", the terms of this agreement sha11 apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. II. NATURE OF OBLIGATION A. City and Owner agree that the improvements set Earth 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 following improve- ments in the manner set Earth in this agreement: Street improvements including widening costs and improvements to existing section curbs and gutters, storm drainage systezz~s, streetliglnting and traffic control. ~~ DEFERRED SMPROVEMENT AGREEMENT -~1 C. When the City Ad«~inistrator determines that the reason(s) for the deferment no longer exist(s), he shall notify Owner, in writing, of terms for perform- ance of the work. The notice shall be mailed to the current owner or owners of land as shown on the latest adopted county assessment roll. All or any portion of said improvement may be required at a specified time. Each Owner shall participate on a pro rata basis of the cost of installation of the improvements. T I I . PERFORMANCE OF TI-}E WORK BY OjaNER Owner agrees to the performance of the work deferred hereby, by conformance with one of the following options: A. WORK ~'ERFORMED BY OWNER - Owner is responsible far 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 for approval priar to commencement of the work to be done. Such work shall be done in accordance with City standards in effect at the time the improve- ment plans are submitted for 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 band in an amount and form accepta- ble to the City, to be released by the City in whole or in part upon the City's final acceptance of the work performed. If Owner disagrees with the requirements set forth for installation of improvements as provided in this section, he steal]., 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 DOCAI, IMPROVEMENT TO BE ASSESSED AGAINST PROPERTY - Owner`s signature hereon shall. be DEFERRED IMPROVEMENT AGREEMENT -2 ~~~~~~~~ equivalent to a petition required un Sectzan 11.04.020 of the Central Point Municipal. Cade. If Owner does not complete the improvements himself under provisions of paragraph. IIT, 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. Permission to enter onto t}~e 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 or other required improvements, to assume responsibility for the proper functioning thereof. to submit plans to the appropriate City agency far review if required, and to maintain said improve- ments 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 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 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 shall guarantee all improvements to be constructed in a workmanlike manner and to be free of defects for 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 said 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 may construct ar contract for such construction, and the Owner shall be responsible for all costs incurred. Assessment for such construction. shall be as provided in Part TV. DATED this ~ day of ~~ , 1 9 ~~' -=~. OWNER CITY Off' CENTRAL POINT [. ~ ~ YC-c?..u-t.2..c J pp SUBSCRIBED AND SWORN TO before me this %,~ day of an f s~,. =' ~~~ / 'Notary Public for Oregon ~~~--~ ~, ~:~ i~ My commission expires; ,` 7~.~ ~~`f ~_,. EX~~I~TT "A" The Cooksey Addition to Cent~aJ Point, established L$$$. Blaclt 4. ~~~lCSfl~. ~ou~z~, ~rec~~~ Recprcl~c~ ~"~~~~~ ~3~C~'~D5 Di ~~~ ~ ~~s~~?~ ~.~xxz~~E~ ~. ~~c~~~~° ~~~ ~. ~~c0 E~ Fli' DEFERRED IMPROVEMENT AGREEMENT -4