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HomeMy WebLinkAboutImprovement Agreement 89-13014:~~~~~"~~~~~ DEFERRED IMPROVEMENT AGRE1vMEN`Z' Property identification: 36 2[d 34D, TL 208 4945 Upton Ttcl . Ccantrr:~:I. 1?o i.«t~, (}R. (legal, clescr.:ipf:ion attriched} THIS AGREEMENT between the CITY' OF CENTRAL POINT, herein after referred to as "City,!` and Steven -. and Glenda L. Kel.Lan 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 AG~tEEfJ AS FOLLOWS: I. II 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 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. NATURE 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 time. B. Owner agrees to construct the following improvements in the manner set forth in this agreement: Storm drainage systems, sidewalks, curbs, gutters, paving and street improvements, and streetlights that may benefit the herein described property. C. When the City Administrator determines that the reason{s} for the deferment no longer exist(s), 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 cn the latest adopted county assessment roil. A11 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. DEFIMPRO . AG/PLANWK f ,-•',, ~. III. PEF2FORMANCE OF THE WORK BY OWNER Owner agrees to the performance of the work deferred hereby, by conformance with one of the following 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 far the improvements to be prepared and to submit said plans and specifications to the City Administrator for approval prior to conunencement 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 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 end farm accepta- able 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 Earth 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 LOCAL IMPROVEMENT TO SE ASSESSED AGAINST PROPERTY - Owner's signature hereon shall be equivalent to a petition required in Section 11.04.02 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 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 for review if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health ar 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 shall guarantee all im- DEFIMPRO.AG/PLANWK pr ~~. c,n~~:,ts ._> ~ ~ r ~_~~~_r, _ ;.~.>;~ ma~I'_ .-;c~ r~:~~r.:~E..- pan:; to 1,~~ fir ~ ~ ci~-- ,. .. , ~: t:~ I ,.- a - ~~_ i ;;:, {..) ','r~~ir.. `. ~~_;rrr i_?its cl<3 i . c;' .,.;i;:.n~ <~ ~~~_ ,~~~a : .. --~Q =zr'd ~ _:,e;~i u~r;~~~. if n !-r ~ :.>in_ir~n ._ ~ ~ ii,, ~~. ,~ ?',,~~m _:~ i:;! e:3~ ~C7r, _t sh~1_ ~'-~- .~! r;sz,` d7"~ ~,O ~ 1." ~)T' i'C'T%]~iCC' :?~ ~; ,_ }>~;'-[. >tlCil }'I:':_ ~ <:~i'_['`.- s~~~1d tw~~-; c-3r ~c_ .;a, _ , 1_;~ l~~imir~ i _ ~I=;ar .. . L .. _ f -~ ~, C. :~~z: _~r,d . ., t Y'Fapl ~CE'IIIEr_~ _ It ~llCf: ~.~i1 ;1~ ".]i:~ 107; 1:~_ C1C~r: ~~CC:CtiIF. ~ l.;}~ Cl Ll ~3 ~_lm('iV t ~i,,i: yin;, iiE~ t~~.'~~ rC13V C:~11SLi~1r',. Clr CO[r~r~3Ct= {UC' S~Y'~'. :'C;I~:>I:_CL1C?:%1lr ~:;i<1 ~:'L;. :~PlI1C't' >.t~l~.., ~~;P lE~~;f/.1:.:Li~,=' for t'~~..~. 4~JL~ 1I._'.1i`rC?.i~. f1 ~,..i_.~ ;,1~ :~~. I~OT_' lir:t c,(~i.,5~.1 ~,1:It_ LC)i. .I~::1~,' C>E' t3,S provided in Park IV. GkiN ~: DATES ! r; i z~: `lay r~~ ~ ~ ~ ~~ ': R.R1:~ 3'i~ CI4`L" °~ B}' ~~T s ~ ..° CS.~i~:? J ~i~~U ~`''`iL) ~~V`~C,-;;id`~Cl ~~; `~i:r C. _ :E: I: 1_;i by a I~ c $'~. . _} 1 a{7 i1„1 ..~ f b ~~ ~ i t > - r ~ ~~ ;• ~ ~ ( ` ~,~ ~~ ti~ ., ~' ,~ ~r_; ~.~i,~ "ter ~;r_e~~c,_i • it n~rt ~.Ut 11 in }3t7ES SU~DIViS~~~T in J~ck~t~n Cr~un~}~.