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Home My WebLink AboutSatisfaction DIA 325 Oak Street 97-38212April 11, 2017 Ak CENTRAL POINT Jackson County Official Records 2017-012803 R -Rao Stn=0 MORGANSS 04117/2017 11:08:29 AM $10.00 $20.00 $5.00 $4.00 $5.00 $9.00 $63.00 $11.00 I, Christian Walker, County Clem for Jackson County. Oregon, anrtity that an, Instrument Identiaed herein elk recorded In me Clerk feCOro` Christine Walker - County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For 325 Oak Street, Central Point Be it known by all present that the undersigned does hereby certify and declare that certain obligations filed against the property listed below and attached to this release and showing the filing number of said records in the office of the County Clerk of Jackson County, State of Oregon. Satisfaction of original Deferred Improvement Agreement, between the City of Central Point and Hope Christian Church, entered into on October 8, 1997. City of Central Point, April 2017 Property located in the Township 37, Range 2W Section 2CC of the Willamette Meridian, Tax Lot 9800 Recording Number: 97-38212 Recording Date: October 13, 1997 "t4 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) Date On the )Li_' day of April, 2017, personally appeared before me the above-named, Matt Samitore, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFCIAIL CYNTWA VW NOTARY PUBLI OREt30N COMMISSION NO. 96090 W C01MMNON S M U AM 6k XX No ry Public for Oregon My Commission Expires: (VhP1 ap 020 9 7 82:2 DEFERRED IMPROVEMENT AGREEMENT for Hope Christian Church Daycare Facility 325 Oak Street, Central Point, Oregon This agreement made by and between Hope Christian Church, hereinafter referred to as Owner" , and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". 1. Owner is the owner of real property located at 325 Oak Street, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 2CC, tax lot 9800, Central Point, Jackson County, Oregon, 2. Owner has applied for a building permit in connection with construction of a Day Care Facility (premanufactured) building, 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 (CPMC) 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 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 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 or Installed Owner agrees to construct and/or install the following improvements at the time and in the manner specified herein: (a) Replace the sidewalk, gutter, and curb section along Third Street. 1 - DEFERRED IMPROVEMENT AGREEMENT (10297) `.)7-428��, Replace all broken cracked, or raised (lowered) curb and sidewalk sections along Oak Street as directed by the City Public Works Department. (b) Design and implement a site drainage/storm drain system that corrects and enhances existing site drainage for the entire tax lot. Sheet flow surface drainage from the property onto the public right-of-way is unacceptable, unless the owner reconstructs the alley including storm drainage facilities along the northern property frontage, according to City standards. 2. Time of Making Improvements. The parties agree that City shall determine, in its discretion, the time for 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/or 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 2 - DEFERRED IMPROVEMENT AGREEMENT (10297) (e) 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 and/or 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 shall also have authority to modify the design of the project as work progresses. 51 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. 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 costs 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. Agreement Binding on Successors in Interest. 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 existence of this agreement and the nature of the obligations contained herein. 7. City Council to Decide Disputes, 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 to be bound by the decision of the City Council. 8. Attorney Fees. In the event either party shall take 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 3 - DEFERRED IMPROVEMENT AGREEMENT (10297) 9'7— %Ijy 82 1 attorney fees, including those incurred in any appeal, if any. 9. Disclosure of Representation. This agreement has been prepared by Douglas M. Engle, a lawyer representing City only. Owner acknowledges having had an adequate opportunity to consult a lawyer of his or her own choice before entering into this agreement. EXECUTED IN DUPLICATE this 1:0�lay of `Z� 19 q-1, each party retaining an original. OWNER HOPE CHRISTIAN CHURCH CITY F CENTRAL PONT By By: _ - Fred ton Jackson County, OregoMayor Rusty McGrath Recorded OFFICIAL RECORDS STATE OF OREGON } OCT 13 1997 } ss. County of Jackson ) COUNTY CLERIC On the ( day of _ 19 9j personally appeared before me the above-named Fred Sutton, acknowledged the foregoing instrument to be his/her voluntary act and deed.OFFICIAL SCAL KATHY L. ARNOLED l:3 MOTARY PUBLIC - ORIEGO� COMA."I2�SION �"In. 056577 Notary P lic for Oregon ' h1YCQii`i�SG'1iKPI�t A.IQ.ii,%CQQ t My CO mission Expires: R'lj-a100b STATE OF OREGON ) } ss. County of Jackson ) On the 14'�'- day of DCA O e� , 19 V�, 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. oFF€CIAL SEA€. DEANNA GREGORY NOTARY PUBLIC -OREGON Notary Public for Ore n COMM€SSION NO. 054004 t Nly COMMISSION EXPIRES MAY 13, 2000 ,.; My Commission Expires: S l3-dd 4 - DEFERRED IMPROVEMENT AGREEMENT (10297)