HomeMy WebLinkAboutSatisfaction DIA 644 Maple Street 00-50153*October 23, 2017
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CENTRAL
POINT
Jackson County Official Records 2017-036789
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I. Christine Welker, County Clark tar Jackson County, crew, aroy,
that the Intrument Identified herein area recorded In die Clark
titvr°` Christine Walker- County Clerk
SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT
For
644 Maple Street, 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, Don Cavin and Faye Smith
entered into on November 7, 2000.
City of Central Point, October 2017
Property located in the Township 37S, Range 2W Section 02CB of the Willamette Meridian, Tax Lot
3700, Lots 1&2
Recording Number: 00-50153
Recording Date: December 12, 2000
lw V
MattSamitore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson
Id Lkzz
Date
On the day of November, 2017, 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.
OCYNTM FFICIAA YYENfJS
III
W CONY1OON F.V M JUTE p 2W
Notary Public for Oregon
My Commission Expires: /CWp/i2C�
00 50153 a 5
DEFERRED IMPROVEMENT AGREEMENT I
for
644 Maple Street, Central Point, Oregon
This agreement made by and between Don Cavin and Faye Smith 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 644 Maple Street,
Central Point, Oregon, which property is fully described as Township 37S, Range
2W, Section 02CB, Tax Lot3700, Lots 1 & 2, Central Point, Jackson County,
Oregon. Or more fully described as follows:
Located in Lots 1 and 2 of Block 55 of the original plat of the City of Central
Point, Oregon in the Southwest one-quarter Section 2, Township 37 South,
Range 2 West, Willamette Meridian, Jackson County, Oregon.
2. Owner has applied for a tentative land partition and zoning variance
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 - Cavin (090600)
00 50153
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: Construct/reconstruct required driveway apron and any applicable
sidewalk sections, including curb and gutter to current City standards for portions of
the subject property that border Maple and Seventh Streets. If Developer is going to
take vehicular access to either of the two parcels from the alley, the following
improvements to the alley are required to bring it to urban standards, including but
not limited to paving ( including street section), concrete alley apron, traffic
delineation and storm drain infrastructure improvements.
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.
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 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;
2 -DEFERRED IMPROVEMENT AGREEMENT - Cavin (090600)
00 50153
(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
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 644 Maple Street.
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.
3 - DEFERRED IMPROVEMENT AGREEMENT - Cavin (090600)
00 50153
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
had an adequate opportunity to consult a lawyer of his or her own choice before
entering into this agreement.
EXECUTED IN DUPLICATE this dayof y�yayc.he✓
2000, each party retaining an original.
OWNER
By:
Don Cavin
J11 _ _/.[
Fafe Smith
STATE OF OREGON )
) ss.
County of Jackson )
CITY O ENTRAL POINT
By: r
Mayor Bi Walton
4 - DEFERRED IMPROVEMENT AGREEMENT - Cavin (090600)
00 50153
On the %'`�/_ day of X110 r. 6 c/ 2000, personally appeared
before me the above-named Don Cavin, and acknowledged the foregoing
instrument to be his/her voluntary act and deed.
N tary Public for Oregon
My Commission Expires: /0-1-0z--
STATE
O—P—Oz--
STATE OF OREGON ) OFFICIAL SEAL
) SS. SUSAN K MEYERS
NOTARY PUBLIC - OREGON
County of Jackson ) COMMISSION wwrMISSIOISSION zplNO. 316 to
002
On the Lday of , 2000, personally appeared
before me the above-named Faye Smith, and acknowledged the foregoing
instrument to be his/her voluntary act and deed.
Notary Public for Oregon '
My Commission Expires: /V —,?--0 2�
OFFICIAL SEAL
STATE OF OREGON
) SUSAN K MEYERS
) SS. NOTARY PUBLIC - OREGON
COMMISSION NO. 316810
County of Jackson ) MY COMMISSION EXPIRES OCT. R, 2002
On the�;�day of 2000, personally appeared
before me the above-named Ma or Bill Walton, and acknowledged the foregoing
instrument to be the voluntary act and deed of the City of Central Point.
� (2�� C:&
Notary Public for Oregon
My Commission Expires: 9 7 2oog,--
5 -DEFERRED IMPROVEMENT AGREEMENT - Cavin (090600)
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
DEC 1 2 PIG
COUNTY CLERK