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HomeMy WebLinkAboutImprovement Agreement 97-44940 DEFERRED IMPROVEMENT AGREEMENT for 305 Manama, Central Paint, Oregon I This agreement made by and between Kenneth K. King and June S. King, hereinafter referred to as "Owner" ,and the City of Centrai Point, Oregon, a municipal corporation, hereinafter referred to as "City". 1. Owner is the owner of real property located at 305 Manama Street, Centrai Point, Oregon, which property is fully described as: gg~~~~ at tha iaterxoctROn of tha 5auth &aes of Lgt 17, AMY'S t:0'I'1`AC~B AISDI'TiaN, to the qty of Centxal Faint, J'aeksvn Gouaty, dr~sgocf, amordire~ to the atFie~ai ~t tl~a~eo~ ter of record, r~aitE~ the East Tug of ~Uptaq rosd; t~hao~ Nar3,h t!° 18' I.5` West I0R00 fact s,tc~ tt~4 Fast iwa of said road; ti~aaae North 89° SI' 1S' F.est 107AS feet; thete~ Sa fl I8' Li' Eszt 100.0 feet: t$ance Soutar 84` Sl' 1S' 'Writ I07.45 fact to tha point of beYinnin8, PAR~TZf '~ That tract ar 1 of land attfata in AMY'S C01TAD8 ADDi'iZQN (rexot,ied) to tlee Taeva of trsl Faired ~acicsan Couat~-, OraBan, acrd rna~e fully dcra~ ss follavr:r Lamm ai the iretee~ctian of the South lino of Lot 17, said AMY'S COTi'AL3E AnDl~or {recorder Frith tha Flit tine of Upton Aoxd; liseooe North ti¢ 1II' IS' Weett 10b.00 feet atostf tlia East 1sne of seeid $asd; thence North 89° Si' 1,S"' 1?~st 107.45 feat W the3 true ~e~t of thexxa eosetirnoe North 89° SS' ]S' Fast 6 feet; theto,ca South 0' 1~' i5` Es:t~eet; ttteaoe Sc~stlz 89' S3' IS` Went 6 feet, t$et~ca North 0° i$' iS` Wed 100 foot m the point of be~irusin8. 2. Owner has applied for a building permit in connection with construction of an addition to the residence (#amily roam) 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 construction in accordance with Central Point Municipal Code fCPMC} Chapter 12.04.015, it is reasonable and necessary that Owner construct andlor install certain improvements, and that without such improvements the application for the construction 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 1 -DEFERRED IMPROVEMI=NT AGREEMENT (102397} 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: ~. Irl'~pr4vements_ta_be_Constructed or Installed. Owner agrees to construct andlor install the following improvements at the time and in the manner specified herein: Sidewalks (including any required driveway aprons} ,according to City standards, adjacent to property. 2. Time_of Making improvements, The parties agree that City shall determine, in its discretion, the time far construction and/or 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 for 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 and/or 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 and/ar installation of all improvements specified herein; 2 - Dlr1=ERRED IMPROVEMENT AGREEMI=NT {102397} {df Payment of all app[icable fees, including, but not limited to, any applicable engineering deposits, permit fees, development fees, and inspection fees; and {e1 Owner shall notify City, at least 48 hours prior to commencement of the work, of Owner`s intention to commence work. 4. Quality of Work. All improvements shall be constructed andlor installed in conformance with all applicable City Public Works Department and/or Building Department standards and codes, shall be done in a workmanlike manner, and City shaft also have authority to modify the design of the project as work progresses. 5, Warranty of Work. All 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. If during such two year period City determines that repair or replacement of all or 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 o,f Qwner tosia Work ~eauired. 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. In that event, City may accomplish the work and then assess the cost thereof against the subject property, in the same manner as City assesses casts against properties benefitted by local improvement districts pursuant to CPMC Chapter 11.04. Owner is deemed to have consented to City entering onto the subject property, as necessary, to construct and/or install the improvements. 6. r Bi 'n n r 'n In r This agreement shall run with the land and be binding upon all successors in interest of both parties. It is specifically understood that a memorandum of this agreement will be executed by Owner and recorded so as to notify all third parties of the r:xistence of this agreement and the nature of the obligations contained herein. 7. f,;1xY C~uncl_to_Decid_e_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 or she seeks review by the City Council. The City Administrator shall then place the matter on the agenda of the next City Council meeting, and the Council shall rule on the matter at that time. Both parties agree 3 -DEFERRED IMPROVEMENT AGREEMENT {102397} 7 l .", ' r'.. ~io Gae bour~~ by thc~ c~c~cisi~n of the Cf~y C;c~{,ncl. ~. ~,~_t~rr}~y i=e'~'_~_.. In 'ti~c~ evt:r~l: cittic~r party str~~ll tf~kc~ r~ny ~rc:tic:~r~ i:p enforce o~° interpret any o~` the terms of tfri5 agreerr~enfi, inclrrclincl rescission, the prevailing party shall be entitled to rerc>vcr fr<~«~ the lo:aing p~~ry re~~.sor,<3hle attorney iees, including those inctarred ir7 ~:.ny ~.i~pe~ 1, ix ~rny. 9. ,disclosure o~R~r~s~?1~l~ti~i4 ~_._ .I~i7is ~:~greerrrent h~3~~~ t~ec:n pr~cpr~red by pougias I'Vl, Engle, a lawyer represt,nting Lity only. Owner ~~cknovvedges f1clvirl(~ had an adequate opport~~nity to consult ~3 lawyE~~r of Iris or her oven c;iroice before entering into this agreement:. X~~~JTEl~ iN ©UPLICATE thin ~~ ~ ~ciay t~~ %'~~ ~ ~ ~" 'i~'jr , eacf~ party retaining err c~ri~ir~al. owl~~rR ray-__ - i~enrleth 1~. I`,;ng a %~ June ~. King CITY of CEI~ITRA~. PANT Ry »____~ __~ Itilayor R~isty McGrath STATE C3~ C7R~GON s~. County of Jackson } C7n the~_~l L_'...---day of ~..'s _~,.~1__c%~.... ~ 9~ ~ I~er~anallY aplac;arc;ci before me the above;-named Kenneth K. King and June S, Ding, and aaknovvletigec the foregoing instrument to he their vc,iuntary act and deed. t, ~ ~'"" ; ,' Notary Public~~fior Oregon ~, ~ °- ;~ . ,, , ,. Y t ~ ,~.. r~~ Commission Expires: ~ ;i ,•. _ ~, 4 -DEFERRED IIVIPRQVEf~~ERJT AGR[~EMtENT (1t~~39?~ OFFICIAI. SEAL. { ~ pEANNA GREGORY , STATE OF OREGON ~~~*Y;~ NaTARY F'U~I.IC-OREGON GOMM155iON NO. 054p1}4 f~, ] SS. MY COMMk5S10N F.XPIR1:5 MAY 13, 2~UQ ~~ County of Jackson ) ~~~~~~~~~~~~~~~~ .., ~~~ On the ~,~, day of ~..~~C_~ [~~"~_=-~ 19`~ , personally appeared before me the above-named Mayor Rusty McGrath, and acknowledged the foregoing instrument to be the voluntary act and deed ofi the City of Central Point. 1 /' -~ ,~ Notary Public for Oregon / ~~ My Commisslon Expires: S ~J:a CrC_~ .~~clC~an Cat~n~y, 01•egar~ Re=~ordeci O~f=iCfAL R1=CC~RI'?5 ~? L~ ~ .! 1~~ f ~: oy ~~ cc~ur~r~ ~! ~~~ 5 -DEFERRED IMPROVEMENT AGREEMENT (102397}