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Home My WebLink AboutImprovement Agreement 97-44941~ ~ ~' DEFERRED IMPROVEMENT AGREEMENT for 701 Pittview, Central Point, Oregon This agreement made by and between James C. Governor, 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 701 Pittview ,Central Point, Oregon, which property is fully described as: Parcel 2, as shown on the Minor I-and Partition Plat filed in the Office of the Jackson County Surveyor as No. 14351 and recorded as Partition Plat No. P-1-1995 of "Record of Partition Plats" in Jackson County, Oregon. TOGETHER WITH an easement for private ingress and egress and public utilities over Parcel No. 3 as shown on the herein described plat. 2. Owner has applied far a building permit in connection with construction of a residential accessory building {car port) 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 {CPMC1 Chapter 12.04.015, it is reasonable and necessary that Owner construct andlor install certain improvements, and that without such improvements the application far the construction would be denied. 4. City has further determined that immediate construction andlor 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: 1 -DEFERRED IMPROVEMENT AGREEMENT X110597) Ora A~ ][~J R+A Agreement 1. v r I Owner agrees to construct andlor install the following improvements at the time and in the manner specified herein: Sidewalks {including any required driveway apronsl curb and gutter, and storm drains, according to City standards, adjacent to property. 2. Time of Making Improvements. 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 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 andlor installation of the improvements. 3. ,~psaonsibilities of Owner. Owner shad be responsible for the following: {a} Preparing plans and specifications far 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 farm 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 least 48 hours prior to 2 -DEFERRED IMPROVEMENT AGREEMENT {110597} commencement of the work, of Owner's intention to commence work. 4. Qualitv_of_Work. All improvements shall be constructed andlor installed in conformance with all applicable City Public Works Department andlor 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. 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 ar any part of the improvements is necessary, City shall sa notify Owner and Owner or its agent shall effect the necessary repair or replacement. 5. Failure of Owner to coo Worl< R~g~ir~d. In the event that Owner fails to timely complete the initial nr warranty warl< required, in any manner and time period required herein, City may, at its option, determine to construct andlor 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 1 1.04. Owner is deemed to have consented to City entering onto the subject property, as necessary, to construct andlor install the improvements. 6. Agreement_Bi i r i n 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 existence of this agreement and the nature of the obligations contained herein. 7. i n i D i Di 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 talcs 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 fees, including those incurred in any appeal, if any. 3 - DEFERRED IMPROVEMENT ACRE=EMENT (110597} 9. Disclosure of Rearesentatia_n_ 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 ~~ day of '~ pur~.~~j~ , 19R`~ ,each party retaining an original. OWNER CIT -CENTRAL PONT a 8~..~.~ _.. _ ~ By. C~~ nor Mayor Rusty McGrath ~ ~-~-- ~ OFFICIAL SEAL '3 DEANNA GREGORY STATE OF OREGON ~ ~ NaTA~Y puBLIC-o12EGaN `~~'•~ COMMISSION NO. D54DD4 ~~ 5S. ~ My COh,1Mi5SION EXPIRES MAY 13, 2DDD County of Jackson ) ~.?~-~~~~`~~~`'~~~~~~~~' On the (~ day of ~ ~oo~.~-~ 19 t~k, personally appeared be#ore me the above-named ~.~~~ (- ,, and acknowledged the foregoing instrument to be his/her vo ntary act and deed. Notary Public for Oreg n My Commission Expires: ~-t3•~a r ~ OFFICIAL SEAL STATE OF OREGON ? ~ ~ `~ ` D~ANNA GREGORY N03ARY Pt1SLIC-OREGON ' \\ y` " ]' SS. ~k]i• COMMISSION NO. D54DD4 COUnty Of JaCICSOn ~ MY COMMI5510N EXPkRI:S MAY 13, 2DDD t On the ~~ day of _ l loue.rw~~ 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. f~~kson Co>~nfy, ~3re~or~ ~acarded ~I'E1CIAl. Rl"Cala?l~ ~~~ ~ ~~~~ ~-'~~~ _ ~,~ ~~~r~ ~l"~~~. Notary Public for Or gon My Commission Expires: S =/~ •ar-~ 4 - DEFERRI=D IMPROVEMENT AGREEMENT (110597}