HomeMy WebLinkAboutImprovement Agreement 97-34527~•
DEFERRED IMPROVEMENT AGREEMENT
for
930 4th Street, Central Paint, Oregon
This agreement made by and between Ralph J. And Sandra M. Hale,
hereinafter referred to as "Owner" ,and the City of Centro! Point, Oregon, a
municipal corporation, hereinafter referred to as "City".
1. Owner is the owner of real property located at 930 4th Street,
Central Paint, Oregon, which property is fully described as Township 37S, Range
2W, Section 1 1 CA, tax lot 6100, Lot 1 1, Block 6 of the Homestead Park
Subdivision, Extension 3, Central Point, Jackson County, Oregon.
2. Owner has applied for a building permit in connection with
construction of an addition to the residence (kitchen and family room), 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 development in accordance with Central
Point Municipal Code SCPMC} Chapter 12.04.015, it is reasonable and necessary
that Owner construct and/or install certain improvements, and that without such
improvements the application far 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.
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: Sidewalks {including any required driveway aprons}, according to
City standards, adjacent to property.
1 -DEFERRED IMPROVEMENT AGREEMENT [081497}
Z. Time of Making improvements. The parties agree that City shall
determine, in its discretion, the time far construction andlor installation of
improvements. There shad 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 shah be made, City shad
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 shah 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. Responsibilities of Owner. Owner shall be responsible far 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 thereofi by City;
(c} Construction andlor installation of all improvements specified
herein;
4d} Payment of ail applicable fees, including, but not limited to, any
applicable engineering deposits, permit fees, development fees, and inspection
fees; and
fie} Owner shall notify City, at least 48 hours prior to
commencement of the work, of Owner's intention to commence work.
4. Quality of Wes. Ali 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 shaii also have authority to modify the design of the project as work
progresses.
2 -DEFERRED IMPROVEMENT AGREEMENT X081497}
5, 1arranty of Work. A1I 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 shah so notify Owner and Owner
or its agent shall effect the necessary repair or replacement.
5. :Fa~~~~r,~_af__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 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 11.04.
Owner is deemed to have consented to City entering onto the subject property, as
necessary, to construct andlor install the improvements.
6. r i r 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. ~y Council to Decide Dis~u~s. 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
attorney fees, including those incurred in any appeal, if any.
9. Disclosure,,,,of,,,,Rp.p,r~,~~ntation. 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.
3 -DEFERRED IMPROVEMENT AGREEMENT ~081497J
EXECUTED IN DUPLICATE this day of ~G!C~Gj~~% ,_,_,
19~, each party retaining an original.
OWNER
By
By
OF CENTRAL PONT
Icy:
Mayor Rusty McGrath
.lacksor~ County, Oregara
Recorded
OFFICIAL RECORDS
STATE OF OREGON ] ~ ' ~ ~ ~t~~
] S S . q~rtllu~c~ y.~J ~s;~
COUNTY CLERK
County of .Jackson }
On the -~'l~~day ofz~C~~~%~? 19~ personally appeared
before me the above-named Ralphf J. Hale and Sandra M. Hale and acknowledged
the foregoing instrument to be thier voluntary act and deed.
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STATE OF OREGON
COUnty of Jackson
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On the ~~ day of /-~f°~'G;I~~~t-' 19~, personally appeared
before me the above-named Mayer Rusty McGrath, and acknowledged the
foregoing instrument to be the voluntary act and deed of the City of Central Paint.
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4 -DEFERRED IMPROVEMENT AGREEMENT (0$1497}
Sandra M. Hale