HomeMy WebLinkAboutImprovement Agreement 97-38216~ ~: ~~
DEFERRED IMPROVEMENT AGREEMENT
for
80 Bigham Drive, Central Point, Oregon
This agreement made by and between William A. Wheatley and Leona E.
Wheatley, 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 80 Bigham Drive,
Central Point, Oregon, which property is fully described as Township 37S, Range
2W, Section 02DC, tax lot 2300, Central Point, Jackson County, Oregon.
2. Owner has applied for a building permit in connection with
construction of a residential accessory building, (detached shop?, 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 {CPMCf 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/ar 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 Imnrov~m..~,nts. The parties agree that City shall
1 -DEFERRED IMPROVEMENT AGREEMENT (092597)
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 shah 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 far approval;
{b} If required by City in City's discretion, pasting 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 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 ail 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.
2 -DEFERRED IMPROVEMENT AGREEMENT (092597}
e3"~°~.~i;~~~.~i
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.
I# during such two year period City determines that repair or replacement of all or
any part of the improvements is necessary, City shad so notify Owner and Owner
or its agent shall effect the necessary repair or replacement.
5. Failure of Owner to do Work Required. 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/ar
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 cast thereof against
the subject property, in the same manner as City assesses costs against properties
benefitted by loco[ improvement districts pursuant to CPMC Chapter ~ 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. 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 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 ~ 0 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 Gity 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 shat! be entitled to recover from the losing party reasonable
attorney fees, including those incurred in any appeal, if any.
9. Disclosure of Representat€on. This agreement has been prepared by
Douglas M. Engle, a lawyer representing City only. Owner acknowledges having
had an adequate appartunity to consult a lawyer of his or her own choice before
entering into this agreement.
3 -DEFERRED IMPROVEMENT AGREEMENT (092597)
EXECUTED IN DUPL[CATE this ~~day of S ~,o~,~,,~.~- ,
19~. each party retaining an original.
OWN
William A. W heatle~r
~ ~ ~
B~ ~~
Leona E. Wheatley
Y OF CENTRAL FONT
gy:
Mayor Rusty McGrath
:, ,~
STATE OF OREGON 1 ~. ~. ~ i
ss. ~' _ .',~ ....._, ~.7,
County of Jackson }
On them _day of /~ 19~ persanaiiy appeared
before me the above-named Willi m A. Wheatley and Leona E. Wheatley, and
acknowledged the foregoing instrument to be their voluntary act and deed.
~.
Notary Public far Ore n
My Commission Expires: _ ~
STATE OF OREGON } OFFICIAL. sEAI
~ ~ DEANNA GREGORY
SS. i NO7ARY PUBI.IC•ORfC,ON /
~~~ COMMISSION NO, D540~4
:f
COUnty Of JaGICSOn } ~; NiY COMMISS€QN EXPIRES MAY i3, 2Di7t7 •;
On the ~ day of ~ ~ 9 9Q~, 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 Oregon
My Commission Expires: 5-~3-~
~~~1<s€~r~ Co~~i<~y= t~r~~~~n
Recard~cl
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4 -DEFERRED IMPROVEMENT AGREEMENT {092597}