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HomeMy WebLinkAboutSatisfaction Improvement Agreement 99-57947April 6, 2016 Jackson County Official Records 2016-011019 R -RAG 04/13/2016 01:24:54 PM Cnt=1 SHINGLJS $500$1000$500$800$1100 TOtal:$63.00 Ak$20 00 $4 00 CENTRAL 111111111111111111111111111111111111111111111 01711132201600110190010011 Christine Walker County Clark for Jackson County, Oregon, certify POINT that the instrument identified herein was recorded In the Clerk records Christine Walker -County Clerk RELEASE OF DEFERRED IMPROVEMENT AGREEMENT for Country Meadows Estates, Unit 3 Subdivision 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. Release of original Deferred Improvement Agreement, between the City of Central Point and Decarlow Homes, Inc. entered into on November 18, 1999. City of Central Point Property located in the SE 1/4 of Section 2, Township 37S, Range 2W 10BB Tax Lot 700 and Township 37S, Range 2W 1OBC Tax Lots 2000 & 2100 of the Willamette Meridian, City of Central Point, Jackson County, Oregon. Recording Number: 99-57947 Recording Date: 11/19/1999 Matt Samitore City of Central Point STATE OF OREGON) )ss. County of Jackson ) Date On the r, lr N day of April, 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. 11 2rL►L'►.!J'J.•WW W.-bV 1J.L y 4a•i3:Y31d K_� �/k1W oFFV&STAMP Notary Public for Oregon KAREN ROEBER NOTARYpull -OREGON My Commission Expires: 11 lei I i COMMISSION NO. 921764 W o(WASSION DMIES NOVEMBER 14, 2017 J •1.ka.L ..r.r JlnW i:imWnJJ Ja1^ILJ•ib�'J 140 S. 3rd a Central Point, OR 97502 •541.664.3321 a Fax 541.664.6384 99-57947 4S. D D DEFERRED IMPROVEMENT AGREEMENT for 343 Country Meadows Estates, Unit 3, Subdivision, Central Point, Oregon This agreement made by and between DeCarlow Homes, Inc., hereinafter referred to as "Owner" , and the City of Central Point, Oregon, a municipal corporation, hereinafter referred to as "City". Recitals 5,4$ Moe 1. Owner is the owner of real property known as Country Meadows o*j0R, Estates, Unit 3, Subdivision located in 372W10BB, Tax Lot 700 and 372W10BC"' Nie Tax Lot 2000 & 2100 of the Willamette Meridian, City of Central Point, Jackson Sv4 3t�e County, Oregon, which property is fully described as follows: BEGINNING at a point for the Northwest corner of lot 27 of COUNTRY MEADOWS ESTATES SUBDIVISION, UNIT NO, 2, PHASE 1, in the City of Central Point according to the Official Plat thereof, now of record in Jackson County, Oregon, said point being marked with a brass disc in concrete for the INITIAL POINT OF BEGINNING; thence SOUTH along the Westerly boundary of said Subdivision, 139.00 feet to the Northeast corner of tract described in Volume 356, Page 170 of the Deed Records of said Jackson County; thence WEST along the Northerly boundary of said tract, 385.28 feet to a point on the Easterly right-of-way line of Grant Road; thence North 02° 08' 10" East along said Easterly right-of-way line, 564.69 feet to a point which bears WEST from the Southwest corner of Lot 16 of MITCHELLS LANDING SUBDIVISION, according to the Official Plat thereof, now of record in said Jackson County; thence EAST 159.99 feet to said Southwest corner of Lot 16; thence continue EAST along the southerly boundary of said Subdivision, 204.24 feet to the Northwest corner of the aforementioned COUNTRY MEADOWS ESTATES SUBDIVISION, UNIT NO. 2, PHASE 1; thence SOUTH along the Westerly boundary of said Subdivision, 425.30 feet to the Initial Point of Beginning. 2. Owner has applied for a permit in connection with construction of the said development, 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 (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 development would be denied. 4. As requested by the Owner, City has further determined that immediate construction and/or installation of the necessary improvements is not practical at the present time. 1 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 3, Subdivision (111099) 99-5'79,17 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: A. Construction of the necessary improvements along the applicable portions of Grant Road that adjoins said subdivision including, but not limited to, street section (including any necessary widening), curbs, gutters, sidewalks, bikeways, storm drainage, traffic control and delineation, street lighting, landscape buffer, and utility pole relocation (if required) at the time and in the manner specified herein in accordance with City standards. B. Completion of all sidewalks and driveway aprons within the subdivision as shown on the construction plans for the said subdivision that were conditionally approved on July 22, 1999, and as subsequently revised and approved by the City. 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. The sidewalks and driveway aprons will be completed, at a maximum, within 2 years of the execution of this agreement unless otherwise extended by the City Administrator. At such time as City determines the improvements shall be made, City shall cause written notice to be sent to Owner at the current known address of the Owner. 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 2 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 3, Subdivision (111099) 99-5'794'7 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; (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. Local Improvement District. This Agreement may be superceded by the creation and establishment of a Local Improvement District (LID), which includes said subdivision, for the noted improvements along Grant Road. Owner or it's agent shall not remonstrate against said LID. 7. Failure of Owner to do Work Reauired. In the event that Owner fails to timely complete the initial or warranty work required, in any manner and time 3 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 3, Subdivision (111099) ` 99-579,417 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. 8. Agreement Bindin9 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 had an adequate opportunity to consult a lawyer of his or her own choice before entering into this agreement. EXECUTED IN DUPLICATE this l8'"' day of 1998, each party retaining an original. OWNER n CITY 9F,,CENTRAL PONT BY d� By/- Steve Y'Steve DeCarlow, President, Mayor Bill Walton DeCarlow Homes,lnc. 4 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 3, Subdivision (111099) 99-5'79,17 STATE OF OREGON ) 1 ss. County of Jackson ) On the IIa7H day of I�jo.IpxP,eV__ , 19a, personally appeared before me the above-named Steve DeCarlow as President of DeCarlow Homes, Inc. and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL SEAL CHERT FERNS NOTARY PUBLIC -OREGON COMMISSION NO. 324025 MY COMMISSION EXPIRES JUNE 3, 2003 STATE OF OREGON 1 ► ss. County of Jackson Notary Public fo Or gon My Commission Wires:__(,- 3 2()03 On the 11( day of 199°k , personally appeared before me the above-named Mayor Bill Walton, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. ANOTARY AL SEAL GREGORY LIC -OREGON Notary Public for Ore on CNO. 054004 MY COMMISN XES MAY 13, 2000 �. My Commission Expires: b`-!3 % Jackson County, Oregon Recorded OFFICIAL RECORDS NOV 1 9 1999 9�TY CLERK 5 - DEFERRED IMPROVEMENT AGREEMENT - Country Meadows Estates, Unit 3, Subdivision (111099)