HomeMy WebLinkAboutSatisfaction Improvement Agreement 94-09549Jackson County Official Records 2016-011023
April 6, 2016
RELEASE OF MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT
for
Highway 99
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. Release of original Memorandum of Deferred Improvement Agreement, between the
City of Central Point and Northwest Commerical Construction Co. and State of Oregon
Departemnt of General Services entered into on December 21, 1993.
City of Central Point
Property located in the SE 1/4 of Section 3, Township 37S, Range 2W of the Willamette
Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 94-09549
Recording Date: 03/14/1994
Matt Samitore
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
nl- - O fir, - '_)Cl
Date
On the � day of April, 2016, 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.
- V,0 -r ,
OFFICIAL STAMP Notary Public for Oregon
KAREN M Commission Expires: 1 W 11
NOTARY PUBLIC - OREGON Y P
COMMISSION NO.921764
MY COM r,WCNOEXPHES NOVEMBER 14, 2017
140 S. 3rd a Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384
R -RAG
04/13/2016 01:24:64 PM
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$500S1000$5005800$1100 TOtal:$63.00
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CENTRAL
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POINT
Christine Walker, County Clark for Jackson County, Oragon, certify
that tha instrument identified herein was recorded in the Clerk
recorit Chn$tlne Walker -County Clerk
April 6, 2016
RELEASE OF MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT
for
Highway 99
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. Release of original Memorandum of Deferred Improvement Agreement, between the
City of Central Point and Northwest Commerical Construction Co. and State of Oregon
Departemnt of General Services entered into on December 21, 1993.
City of Central Point
Property located in the SE 1/4 of Section 3, Township 37S, Range 2W of the Willamette
Meridian, City of Central Point, Jackson County, Oregon.
Recording Number: 94-09549
Recording Date: 03/14/1994
Matt Samitore
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
nl- - O fir, - '_)Cl
Date
On the � day of April, 2016, 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.
- V,0 -r ,
OFFICIAL STAMP Notary Public for Oregon
KAREN M Commission Expires: 1 W 11
NOTARY PUBLIC - OREGON Y P
COMMISSION NO.921764
MY COM r,WCNOEXPHES NOVEMBER 14, 2017
140 S. 3rd a Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384
94-09549
MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT
1. Date of Agreement.*
2. Names of Parties to Agreement: City of Central Point,
Oregon; and Northwest Commercial Construction Co. and State of
Oregon Department of General Services,
3. Legal Description of Real Property Affected:
4. Nature of interest Crated by Agreement: Requires Owner,
or successor in interest, to construct and/or install certain
specified improvements, in certain manner, at own expense, at
time improvements are made to property.
NORTHWEST COMMERCIAL
CONSTRUCTIO CO.
By 0 0 1 -etary
Clayton D. Ze 1, Sect
By
Roq�r Z�este�nsee, Ma�yor
TE OF OREGON DEPARTMENT
OF G L SERVICES
By
Theresa McHugh,
Deputy Director
STATE OF OREGON DEPARTMENT OF ADMINISTRATIVE
SERVICES, successor agency to Department of
General Services
Theresa McHugh, Assi �4 '.=07-31
MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT U I tot
(111693)
94-09549
STATE OF OREGON
Ss.
County of A��j
on the 008>aday of 1993, personally
appeared before me the above-named Clayton D. Zeeb, Secretary of
Northwest Commercial Construction Co. and acknowledged the
foregoing instrument to be the corporation's voluntary act and
deed.
-----------
Notary Public for Oregon
My Commission Expires::2L_4___i6_
On the.
1AL, day of 1993, Personally appeared
before me the above-named Theresa McHugh, Assistant Director/Budget Director
of the State of Oregon Department of Administrative Services, successor agency
to the Department of General Services, and acknowledged the foregoing
0 F F � C! L S Vk L regon's voluntary act and deed.
E,10 01146 Notary
SEPTOvIBER 11, ISTI Publi for Oregon
My Commission Expires:
I
MM
On the day of _LS. -C 1993, personally
appeared before me the above-named Roger Westensee, Mayor of the
City of Central Point, Oregon, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of
Central Point.
OFFICIAL SE44L
�AMEL
SANDY I L01
NOTARY PUBLIC — OREGON
(,QAojSSjQN NOA009395
t,.#)r Oregon
2 - MEMORANDUM OF DEFERRED IMPROVEMENT AGREEMENT
(111693)
jadmn County, Oregon
Recorded
OFFICIAL RECORDS
DEFERRED IMPROVEMENT AGREEMENT
This agreement made by and between Northwest Commercial
Construction Co. and State of Oregon Department of General
Services, 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 in Central
Point, Jackson County, Oregon, which property is fully described
as follows:
Commencing at the North 1/4 Corner of Section 3,
Township 37 South, Range 2 West, Willamette Meridian in
Jackson County, Oregon; thence South 000 16' 50" East
along the North-South center line of said Section 3, a
distance of 2025.84 feet (Record 2026.32 feet); thence
West 1.11.79 feet to a 5/8 inch iron pin for the Point
of Beginning; thence East 111.79 feet to a point on the
aforementioned North --South center line of Section 3;
thence South 000 16' 50" East along said North-South
center line 486.89 feet; thence South 540 51' 30" West
421.85 feet to a point on the Northeasterly right-of-
way line of U.S. Highway No. 99; thence North 350 08'
30" West along said right-of-way line 556.31 feet to a
5/8 inch iron pin: as set per Survey No. 6664 filed in
the Office of the Jackson County Surveyor; thence North
550 07' 34" East 474.94 to a 5/8 inch iron pin set per
said Survey No. 6664; thence North 000 11' 03" West
2.86 to a 5/8 inch iron pin also set per said Survey
No. 6664; thence East 161.23 feet to a point of
Beginning.
2. Owner has applied for a land partition, and City has
reviewed and considered such application.
3. In reviewing Owner's application, City has determined
that as one of the conditions of approving said proposed
development, 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.
1 - DEFERRED IMPROVEMENT AGREEMENT (1.1.1.693 )
S. 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
I. Im rovements to be Constructed or Installed owner
agrees to construct and/or install the following improvements at
the time and in the manner specified herein:
Highway 99, adjacent to the property, shall be widened
to provide a 60' curb to curb width. Such widening
shall include subgrade, base, paving with asphaltic
concrete, street lighting, traffic control and
delineation, curbs and gutters, safety improvements,
ingress/egress improvements, sidewalks, bikeways and
storm drainage improvements.
shall determine, Time of Making Iprovements The parties agree that City
— discretion, the time for construction
and/or installation of the improvements. There shall be no
specific limitation as to when the City may require the
improvements be made, except that (i) they shall not be required
to be made before construction of any improvements on either
parcel and (ii) if improvements required by the City are to be
made by the State of Oregon, they shall not be required to be
made before the Department of General Services (or a successor
state agency) has received the necessary appropriation,
limitation or other expenditure authority for such improvements
and has awarded a contract therefor in accordance with ORS
Chapter 279. The State of Oregon, acting by and through its
Department of General Services (or a successor state agency),
agrees to use its best efforts to seek and secure such necessary
appropriation, limitation, or other expenditure authority from
the Oregon Legislative Assembly. Subject to the foregoing
limitations, owner specifically understands that after
improvements have been constructed on either parcel, City may
demand performance at any time, and Owner agrees to perform upon
such demand. Owner specifically understands that after such
time, City may demand performance at any time, and Owner agrees
to perform upon such demand.
2 - DEFERRED IMPROVEMENT AGREEMENT (111693)
At such time as City determines the improvements shall be
made, City shall cause written notice to be sent to owner, at the
address shown on the Jackson County Tax Assessor records for each
parcel affected. 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
pians, start of construction, bonding requirements, if any,
completion of construction, and any other provision deemed
necessary by City. (If City's notice is to the State of Oregon,
the notice shall allow the Department of General Services (or a
successor state agency) a reasonable amount of time to solicit
bids and award a contract for construction of the improvements.)
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 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 (the State of Oregon may satisfy
this requirement by securing a performance bond from its
contractor that complies with ORS 279.029(4)(b) and names the
State of Oregon and City as dual obligees);
(c) Construction and/or installation of all
improvements specified herein;
(d) Payment of all applicable fees, including, but not
limited to, engineering deposits, permit fees and inspection
fees; and
(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 building
standards and codes, shall be done in a workmanlike manner, and
City shall have authority to inspect the work as it progresses.
3 - DEFERRED IMPROVEMENT AGREEMENT (111693)
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 final
certificate of acceptance of the work. If during such two year
period City determines that repair or replacement of all or 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 do Work Re uired In the event that
Owner fails to timely complete the work in any manner required
herein, City may, at its option, determine to construct and/or
install, on its own, 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 benefited by local improvement
districts pursuant to Central Point Municipal Code 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 Bindin on Successors in Interest This
agreement is deemed to run with the land and shall 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 Dispute 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, provided, however, that any right
of the State of Oregon to seek judicial review of such decision
shall not be impaired or limited by this agreement.
8. Attorne.y..Fees In the event either party shall take any
action to enforce or interpret any of the terms of this
agreement, the prevailing party shall be entitled to recover from
the losing party reasonable attorney fees, including those
incurred in any appeal, if any.
4 - DEFERRED IMPROVEMENT AGREEMENT (11.1693)
u
. Disclosure of Rgp�eseLit This agreement has been
prepared
Owner acknowledges+ an adequate opportunity to consult
a lawyer of his or her own choice before entering into this
EXECUTED IN DUPLICATE this day ofr
1993, each arty retaining n original.
s
Cl
a iSecretary
DEPARTMENT«4TE OF OREGON
1SERVICES
«
STATE OF OREGON DEPARTMENT OF
ADMINISTRATIVE SERVICES, successor agency to
Department of General Services
By
Theresa McHugh,
Assistant Director/ dget Director
STATE OF OREGON
County cat %
ro
On the deer of x 1993, er ona l l y
appeared before me the above -naevi Clayton D. Zeeb, Secretary o
Northwest Commercial Construction Co. and acknowledged the
foregoing instrument to be the corporation's voluntary act and
deed..
f
OFFICIAL SAL Notary Public for Oregon
.
SUSAN h t . I�Io A a y Commission Expires,��`�.
NOTARY I PUBLIC OREGON
COMMISSION NO. 010057
STATE OF OREGON
ss.
County of Marion
On the day of %M_l"ellojeA, ._, 1993, personally appeared
before me the above-named Theresa McHugh, Assistant Director/Budget Director
of the State of Oregon Department of Administrative Services, successor agency
to the Department of General Services, and acknowledged the foregoing
instrument to be the State of Oregon's voluntary act and deed.
SEAL
MY COF,lvliss€ON FXi'i'riE$ 11.
STATE OF OREGON
ss.
County of Jackson
acw� Q. - / / ( _fo,
Notary Public or Oregon
My Commission Expires:
9- ii- ,-)
On the 4_1 day of 1993, personally appeared before
me the above --named Roger Westensee, Mayor of the City of Central Point,
Oregon, and acknowledged the foregoing instrument to be the voluntary act and
deed of the City of Central Point.
OFNCIAL SEAL
SANDY I LOMMEL
T NOTARY PUBLIC - OREGON Notary Pu i c fo Oregon
COMM)SSION NO, A009395
MY COMM I S SI ON EXPI RES N OV H,1995
My Commission Expires:�l-�-��
6 - DEFERRED IMPROVEMENT AGREEMENT (111693)