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HomeMy WebLinkAboutSatisfaction Improvement Agreement 01-09958*November 14, 2016 7 CENTRAL POINT Jackson County Oficial Records 2016-039036 R -RAG Stn=O MORGANSS 11/29/2016 10:10:67 AM $5.00 $8.00 $11.00 $5.00 34.00 $10.00 $63.00 $20.00 I, Christlne Welker, County Clerk for Jackson County, Orpon, c r y UW the Instrument IdenaOed hereln nu n wrded In the Clerk �Cefde Christine Walker - County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For 3364 Snowy Butte Lane, Central Point, Oregon 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 Donald and Pamela Thomas entered into on February 28, 2000. City of Central Point, November 2016 Property located in the Township 37, Range 2W Section 10DA of the Willamette Meridian, Tax Lot 6300 Recording Number: 01-09958 Recording Date: March 15, 2001 m , 1� MattSamitore �-- ` City of Central Point STATE OF OREGON ) )ss. County of Jackson ) Date On theCZ&day 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. CYNITHLA STAMP NOTARY PUBLIGOREOCN COMMISSION NO. 20992 fA1' COYMIS9ION E>�E6 DINE OM m19 6w4c IV lae� Notary Public for Oregon My Commission Expires: 0U/LO%20 01 09958 DEFERRED IMPROVEMENT AGREEMENT for 3364 Snowy Butte Lane, Central Point, Oregon This agreement made by and between Donald F. Thomas and Pamela D. Thomas hereinafter referred to as "Owner" , and the City of Central Point, Oregon, municipal corporation, hereinafter referred to as "City". Recitals 1. Owner is the owner of real property located at 3364 Snowy Butte Lane, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 1 ODA, Tax Lot 6300, Central Point, Jackson County, Oregon, as follows: Comaeneing at the southwest corner of SNOWY BV21'3 ORCMU= in Seetion,10, -Township 37 South, Stange 2 Nest of the Willamette Meridian in Jackson County. Oragont thence Zest Along the south boundary of said SNONY SUM OR DU= and the center line of Beall Lane, 449.7 feet; thence North parallel with the west bouedtrY of SNONY BUTT$ ORCNMWS and along the :enter line of a 20.0 foot roadway, 761.42 feet to the point of beginning; thence eonttnuing Northerly along the center line of said road way and parallel with the Meet boundary of said SNOWY 6V17c ORCHARDS Tracts, 331.74 feet. to the northwest comer of tract described in Volu 257, page 436 of the Deed Records of 'Jaeksom Coumty. Oregon; tbW ce cast along the north boundary of Tract S. of SNOWY BVYfc ORCRARDS, 330.6S feet) thence South and parallel with the aforesaid boundary 331.74 feet.to a point 761.42 feet North of the South line of SNOWY BUTiIC ORCRARD9) thence weaterly.and parallel with the north boundary of Tract •S• 330.65 feet to the point of beginnintS. (Code 6.02, Account f1-20220-6. Nap 6372W10DA, T'[% Lot /6300) 2. Owner has applied for a building permit in connection with construction of a garage 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 (CPMC) 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: 1 - DEFERRED IMPROVEMENT AGREEMENT - Thomas (022001) 01 09958 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. 2. Time of Making Improvements. The parties agree that City shall determine, in its discretion, the time for construction and/or 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 and/or installation of the improvements. 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; (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. 4. Quality of Work. All improvements shall be constructed and/or 2 -DEFERRED IMPROVEMENT AGREEMENT -Thomas (022001) 01 09958 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. 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 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. 6. 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 have consented to City entering onto the subject property, as necessary, to construct and/or install the improvements. 7. Local Improvement District. This agreement may be superceded by the creation and establishment of a Local Improvement District for the noted improvements along 3364 Snowy Butte Lane. 8. 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. 9. 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. Both parties agree to be bound by the decision of the City Council. 10. 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. 11. Disclosure of Representation. This agreement has been reviewed by Douglas M. Engle, a lawyer representing City only. Owner acknowledges having 3 - DEFERRED IMPROVEMENT AGREEMENT - Thomas (022001) 01 09958 had an adequate opportunity to consult a lawyer of his or her own choice before entering into this agreement. EXECUTED IN DUPLICATE this ,2e�day of 2000, each party retaining an original. OWNER By:Ai, Donard F. Thomas IS t Pamela D. Thomas STATE OF OREGON ) )SS. County of Jackson ) CITY OF CENTRAL POINT By: ` Mayor Bill Walton On the_-)P� day of , 2001, personally appeared before me the above-named Donald F. Thom , and acknowledged the foregoing instrument to be his/her voluntary act and deed. IOFFICIAL�SEAL K ROCHELLE LAKE NOTARY PUBLIC • OREGON COMMISSION NO. A315919 MY COMMISSION EX PIR ES SEPT. 1.2002 STATE OF OREGON ) )SS. County of Jackson ) Notary Public for Oregon My Commission Expires: On the �IS7h day of 2001, personally appeared before me the above-named Pamela D. Tho s, and acknowledged the foregoing instrument to be his/her voluntary act and deed. 0 FFICIALSl2AL K ROCHELLE LAKE����/� C NOTARY PUBLIC • OREGON COMMISSION NO. A315919 Notary Public for Oregon MY COMMI0E0 ESPAES SEPT. 7,2002 My Commission Expires: 4 - DEFERRED IMPROVEMENT AGREEMENT - Thomas (022001) I'. 01 09958 STATE OF OREGON ) ) ss. County of Jackson ) On the c""`�3�1� da of Y , 2001, personally appeared before me the above-named Mayor Bill Walton, nd acknowledged the foregoing instrument to be the voluntary act and deed of t e City of Central Point. Notary Public for Oregon My Commission Expires: Jackson County, Oregon Recorded OFFICIAL RECORDS VARR 1 5/20001['�\ _, 9�L61"et 'j(� �e.GA� COUNTY CLERK 5 - DEFERRED IMPROVEMENT AGREEMENT - Thomas (022001)