HomeMy WebLinkAboutImprovement Agreement 97-38214
DEFERRED IMPROVEMENT AGREEMENT
far
115 Gfenn Way, A,B,C,D
and
117 Gfenn Way, A, B, C
This agreement made by and between, Larry A. Denn and Elba A. Denn
hereinafter referred to as "Owner" ,and the City of Central Point, Oregon, a
municipal corporation, hereinafter referred to as "City".
Recitals
1. Owner is the owner of real property located at 115 Gfenn Way and
1'17 Glenn Way, Central Point, Oregon, which property is fully described as:
Township 37S, Range 2W, Section 10AB, Tax Lots 6600, 6700, and 6800, Lot A
of the Cooksey Addition, Central Point, Jackson County, Oregon.
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2. Owner has applied far a building permit in connection with
construction of mufti-family 7-plex consisting of 4-pfex at 1 15 Glenn Way and a 3-
plex at 117 Glenn Way, Central Point, OR and City has reviewed and considered
such application.
3, In reviewing Owner`s applications, City has determined that as one of
the conditions of approving said proposed development in accordance with Central
Point Municipal Code (CPMCy Chapter 12.04.015, it is reasonable and necessary
that Owner construct and/or install certain improvements, and that without such
improvements the application for the development would be denied.
4. City has further determined that immediate construction and/or
installation of the necessary improvements is not practical at the present time.
5. Owner agrees that said improvements are reasonable and necessary
and that he or she will install them at the time and in the manner hereinafter
provided.
Now, therefore, based on the foregoing and the mutual promises and
covenants contained herein, it is agreed as follows:
Agreement
1. Improvements to be Constructed ar Installed. Owner agrees to
construct and/or install the following improvements at the time and in the manner
1 -DEFERRED IMPROVEMENT AGREEMENT (092397)
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specified herein: widening and related public improvements to the Glenn Way
street section and appurtenances {i.e. bridges, box culverts, storm drains,
sidewalks [including any required driveway aprons], street lights, etc.}, along the
development's frontage with Glenn Way, as required by City Public Works
Department, according to City standards,
2. Time of Making Irnpravements. The parties agree that City shall
determine, in its discretion, the time for construction andlor installation of
improvements. There shall be no specific limitation as to when the City may
require the improvements to be made. Owner specifically understands that City
may demand performance at any time, and Owner agrees to perform upon such
demand.
At such time as City determines the improvements shall be made, City shall
cause written notice to be sent to Owner at the street address of the subject
property. Such notice shall inform Owner (which term includes any successors in
interest to Owner} that the improvements shall then be made, and such notice
shall set forth the time requirements deemed proper by City far submission of
plans, specifications, start of construction, bonding requirements, if any,
completion of construction, and any other provision deemed necessary by City.
Owner shall then proceed, according to the time schedule set forth by City, to
submit plans, and after approval thereof by City, to commence and complete the
construction andlor installation of the improvements.
3. Responsibilities of Owner. Owner shall be responsible for the
following:
{a) Preparing plans and specifications for the improvements and
submitting the same to City for approval;
{b} If required by City in City's discretion, posting a performance
bond in an amount and form deemed sufficient by City, to be released upon
satisfactory completion of the project and acceptance thereof by City;
{c} Construction andlor installation of all improvements specified
herein;
{d} Payment of all applicable fees, including, but not limited to, any
applicable engineering deposits, permit fees, development fees, and inspection
fees; and
{e} Owner shall notify City, at [east 48 hours prior to
commencement of the work, of Owner's intention to commence work.
2 - DE1=I=RRED IMPROVEMI=NT AGRI=PMI=NT (092397}
4. Quality of Work. All improvements shaft be constructed and/or
installed in conformance with all applicable City Public Worf<s Department and/or
Building Department standards and codes, shall be done in a wort<manlilce manner,
and City shall also have authority to modify the design of the project as work
progresses.
5, Warranty ofi Work. Ail improvements shall be free from defects, and
Owner is deemed to have guaranteed the work to be free of defects for a period of
two years from the date of issuance of the City's written acceptance of the work.
!f during such two year period City determines that repair or replacement of all ar
any part of the improvements is necessary, City shall so notify Owner and Owner
or its agent shall effect the necessary repair or replacement.
5. Failure of Owner to da Work Fieauired. In the event that Owner fails
to timely complete the initial or warranty work required, in any manner and time
period required herein, City may, at its option, determine to construct and/or
install, on its own, at the Owner's expense, the improvements specified herein. fn
that event, City may accomplish the work and then assess the cost thereof against
the subject property, in the same manner as City assesses costs against properties
benefitted by local improvement districts pursuant to CPMC Chapter 1 1.04.
Owner is deemed to have consented to City entering onto the subject property, as
necessary, to construct and/or install the improvements.
6. n B' in This agreement shall
run with the land and be binding upon off successors in interest of both parties. It
is specifically understood that a memorandum of this agreement will be executed
by Owner and recorded sa as to notify all third parties of the existence of this
agreement and the nature of the obligations contained herein.
7. ~;j1y f,~quncil_ta_Decide Dis up tes. Should Owner disagree with any of
the discretionary decisions or requirements made by City hereunder, Owner may
have such decision or requirement reviewed by the City Council, Owner shall
notify the City Administrator, within 10 days of Owner's receipt of such decision
or requirement, that he ar she seeks review by the City Council. The City
Administrator shall then place the matter on the agenda of the next City Caunci!
meeting, and the Council shall rule on the matter at that time. Both parties agree
to be bound by the decision of the City Council.
$. At#,~rney Fees. In the event either party shall tat<e any action to
enforce or interpret any of the terms of this agreement, including rescission, the
prevailing party shall be entitled to recover from the losing party reasonable
attorney flees, including those incurred in any appeal, if any.
3 -DEFT=RRED IMPROVEMENT AGREEMENT {092397)
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9. Disclosure of Representation. This agreement has been prepared by
Douglas M. angle, a lawyer representing City only. Qwner acfcnowledges having
had are adequate opportunity to consult a lawyer of his or her own choice before
entering into this agreement.
4 _ DIrFERRED IMPROVEMENT AGRE~MIrNT fQ92397}
EXECUT>=D IN DUPLICATE this ~`~ ~~day of _~~~~~ ~}~_~ ,
19 `~~, each party retaining an original. ~'"
OWNER CITY 01= CI~NTRAL FONT
: ~,.. ;
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- - ~~
`~ ~ ~.a~-ry A. Denn "' Mayor Rusty McGrath
Elba A. Denn ~~~~ .-~~-=[
STATE OF OREGON }
} ss.
County of Jackson )
On the v~ day of , ~~_ ~~f~a ~~ ,,~~ 19~/, personally appeared
before me the above named Larr A. Denn individually and attorney in fact for Elba
A. Denn ,and acknowledged the foregoing instrument to be his/her voluntary act
and deed. ~ .'
OFFICfAI. SEAL
L. ARL~h3E LA ROSA
NOTARY PUBLIC-ORIGUN
CC}N€N11S510N NO. 060384
MY GOMMISSIaN EXPIRES DEC. 22, 2DOU
STATE OF OREGON
County of Jackson
. /'
~ _ , ~:
Notary Public for Oregon .
_- fr.~
My Commission Expires:_~c~ ~ a'~~ ~_~c:1'~~, ;1
OFFICIAL SEAL
~ ~, pEANNA GREGOS2Y
} Sg, ~~~°' NOTARY P(1BI.IC-OREGON
(~ ~fi~~ COMMISSION NO. 054004
} ~"• EvIY COMMISSION EXPIRES MAY 13, zoaa
~: --~- --~ -.s~..__ _ _ _
On the ,~~~day of ~~p~~cv1_~o~C 19~~, personally appeared
before me the above-named Mayor Rusty McGrath, and acknowledged the
foregoing instrument to be the voluntary act and deed of the City of Central Point.
Notary Public for Dr gon
My Commission Expires: S-L3-dC~
~cksla€~ Caurl~y, DI'egol~
kr~c~ardec
OFI~ICIAI„ I~~CC~~~S
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5 -DEFERRED IMPROVEMENT AGR>=EMENT (092397)