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HomeMy WebLinkAboutSatisfaction Improvement Agreement 97-38211November 2, 2016 Jackson County Official Records 2016-037299 R -Rao 11114/2016 10:56:10 AM Stn=O MORGANSS AA $5.00 $4.00 $5.00 $8.00 $11.00 $10 00 $63.00 $20.00 I, Christina Walker, County CMA for J kwn county, omgon. w,tiy that theIm"ment Mantineni hnstn waswN roati M the Clerk w CENTRAL rarda Christine Walker - County Clerk POINT SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For James Governor Forest Glen Subdivision VII, 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 James Governor entered into on October 7, 1997. City of Central Point, November 2016 Property located in the Township 37, Range 2W, NE X of Section 11 of the Willamette Meridian, Lots 307-342 and 214-220 Recording Number: 97-38211 Recording Date: October 13, 1997 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) 11_%�(p Date On the/Dtay of November, 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. {<. OFFICIAL 6T//II,,��P CYNTHIA A 11111 t1 °,' • NOTARY PUBLIC 010E010N COMMISSION NO.9601f02 W COMWS&0N M MSB /IRE 01, 2010 Notary Public for Oregon My Commission Expires: 010/0&/Z6 .A44 PARTIAL RELEASE FROM DEFERRED AGREEMENT (Document No. 97-38211) (Lot 307 and Lot 308, Forest Glen Phase VII Subdivision) The City of Central Point, Oregon, a municipal corporation, hereby releases Lot 307 and Lot 308 of Forest Glen Phase VII Subdivision from the terms and conditions of that certain "Deferred Improvement Agreement" dated October 3, 1997, recorded in the records of Jackson County, Oregon, as Document No. 97-38211. City if Central Point, Oregon By Mayor Bill Walton By Ja s . Bennett Ci dministrator OFnCIAL SEAL DEANNA GREGORY } STATE OF OREGON NOTARY Pu9uC•oREGON COMMISSION NO. 054004 ri 55. MY COMMISSION EXPIRES MAY 1J, 2000 !j County of Jackson �'�Y�J On the a ,1-1 day of December, 1999, before me personally appeared Bill Walton and James H. Bennett who, being first duly swom, each for himself and not for the other, did say that the former is Mayor of the City of Central Point, and the latter is the City Administrator of the City of Central Point, an Oregon corporation, and that the foregoing instrument was signed on behalf of said municipal corporation by authority of its City Concil, and each of them acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for OreggA My Commission Expires: s'f3-DD December 17, 1999 Ms. Carol Sartain Jackson County Title 502 W. Main Medford, OR 97501 COO pal Citv of Central Point Public Works Department RE: 885-887 Colombine, Central Point, OR Dear Ms. Sartain: L.ee Brennan, PE Public Works Director Kevin Chnsman, E!T Assistant Engineer The City of Central Point is in the process of doing a Partial Release From Deferred Improvement Agreement which will release lots 307 and 308 (885 and 887 Colombine) of the Forest Glen, Phase VII Subdivision, Central Point, Oregon, from the Deferred Improvement Agreement. The Release will be mailed to you after it has been signed and recorded. Sincerely, Lee Brennan Public Works Director Rick Bartlett Superintendent Chris Clayton Technician Bob Pierce Technician Paul Worth Technician Arlene LaRosa Secretary!! Karen Roeber Secretary f 155 South Second Street 0 Central Point OR 97502 0 (541) 664-3321 ext. 241 0 Fax (541)664-6384 9 —2*8211 DEFERRED IMPROVEMENT AGREEMENT I �: for I Forest Glen VII Subdivision 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". 1. Owner is the owner of real property known as Forest Glen VII Subdivision in Central Point, Oregon, as platted and recorded in the Jackson County Deeds and Records. Which property is in the N.E.. '/4 of Section 11, Township 37S, Range 2W, W.M. Central Point, Jackson County, Oregon. 2. Owner has agreed, under a development agreement between the Owner and the City dated April 14, 1997, to construct or cause to be constructed, at the developer's own expense, certain improvements to include streets. Under Central Point Municipal Code (CPMC) Chapter 16.20.010 B, "The construction of streets shall include subgrade, base, asphaltic concrete surfacing, curbs, gutters, sidewalks, storm drainage, street signs, street lighting, and underground utilities." 3. In reviewing said development agreement, City has determined that immediate construction and/or installation of the necessary sidewalk and driveway apron improvements are not practical at the present time. 4. Owner agrees that said sidewalk and driveway apron 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 . Property Affected. This agreement affects the following real property: Lots 307 through 342 and Lots 214 through 220 of Forest Glen V11 Subdivision in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. 2. 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: Sidewalk and driveway aprons adjacent to each lot in said Forest Glen Vll Subdivision, according to City standards, as illustrated in the standard details contained in attachment "A". DEFERRED IMPROVEMENT AGREEMENT (10397) Page 1 a0 3. Time of Mal<ina Improvements. The parties agree that the time for construction and/or installation of said sidewalk and driveway improvements shall be as follows: Each lot shall have its respective sidewalk and driveway apron constructed at the time that the lot is developed or within a two (2) year period from the date of this agreement, which ever comes first. 4. .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, when applicable; (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 {e} Owner shall notify City, at least 48 hours prior to commencement of the work, of Owner's intention to commence work. 5. 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. 6, 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 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. 7. 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/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 DEFERRED IMPROVEMENT AGREEMENT (10397) Page 2 have consented to City entering onto the subject property, as necessary, to construct and/or install the improvements. 8. 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. Each lot owner is only responsible for the sidewalks and driveway apron improvements adjacent to that lot owner's respective lot. 9. Acceptance of Completed Work: As the sidewalk and driveway apron improvements are completed for each lot in Forest Glen VII Subdivision, the City administrator, or his designee, shall issue a written document for recording certifying the completion, to the satisfaction of the Public Works Director, of the work in respect to the particular lot for which the work has been completed. 10. 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. 11. 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. 12. 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 ��day of each party retaining an original. OWNER CITY 0 CENTRAL PONT By: Ja es C. overnor Mayor Rusty McGrath DEFERRED IMPROVEMENT AGREEMENT (10397) Page 3 I.) STATE OF OREGON } } ss. County of Jackson } On the day of 1W personally appeared before me the above-named James C. Governor, and acknowledged the foregoing instrument to be its voluntary act and deed. OFFICIAL SEAL � Notary Public for Oregon L. ARLENE LA ROSA Y 9 NOTARY PUBLIC -OREGON My Commission Expires; —/2 � DD COMMISSION No, 060384 *MISSION EXPIRES DEC. 22. 2000 OFFICIAL SEAL " DEANNA GREGORY NOTARY Pi38L4C ORECyON STATE OF OREGON COMMISSION NO .054U04 PlfJ+!S510N EXPER£S MAY 13, 2000 } ss. County of Jackson } On the (� day of 19"t`1, personally appeared before me the above-named, Mayor Rusty McGrath, and acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Or gon My Commission Expires: S-! 3 OCA Jackson County, Oregon Recorded OFFICIAL RECORDS OCT 13 1997 CMATY CLERK DEFERRED IMPROVEMENT AGREEMENT (10397) Page 4