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Home My WebLink AboutSatisfaction Improvement Agreement 99-55322June 16, 2016 Jackson County Official Records 2016-021192 R -RAG 06/30/2016 03:48:44 PM Cnt=1 SHINGLJS $500$10.00$5.00S8.00511.00 Total:$63.00 S2000$400 CENTRAL Hill I I 11111111111112016002119200100111111111111111111111 Christine Walker County Clerk for Jackson County, Oregon certify POINT [ha[ the instrument identified herein was recorded in the Clerk r.cends. Christine Walker -County Clerk RELEASE OF DEFERRED IMPROVEMENT AGREEMENT for 121 Bigham Drive 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 Gerald R. Myers and Sheri K. Myers entered into on October 21,1999. City of Central Point Property located in the Township 37S, Range 2W, Section 02CD, Lot 1 and 2 of the Oak Knoll Subdivision, of the Willamette Meridian, City of Central Point, Jackson County, Oregon. Recording Number: 99-55322 Recording Date: 11/02/1999 Matt Samitcre`, City of Central Point STATE OF OREGON) )ss. County of Jackson ) �1 J V•x1P, a.-�16 Date On the -71 L day of June, 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 sTAMP Notary Public for Oregon Y+ KAREN ROEBER My Commission Expires: 1 I 1 ti I 1 NOTARYPUBUC-OREGON COMMISSION N0.921764 MY COMMISSION EXPIRES NOVEMBER 14, 2017 140 S. 3rd Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 99-55322 DEFERRED IMPROVEMENT AGREEMENT for 121 Bigham Drive, Central Point, Oregon This agreement made by and between Gerald R. Myers and Sheri K. Myers formerly known as Sheri K. Carlson aka Sheri Kathleen Carlson, 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 121 Bigham Drive, Central Point, Oregon, which property is fully described as: PARCEL I: Beginning at the Northeast corner of Lot 1, Block 2, OAK KNOLL SUBDIVISION, to the City of Central Point, Jackson County, Oregon; thence South 77004'50" West, along the North line of said Lot 1, a distance of 50.0 feet, to the true point of beginning; thence South 6010'40" East, parallel with and 50.0 feet distant from the East line of said lot, to the South line thereof; thence North 89°54'30" West, along the said line, 74.82 feet, more or less, to the Easterly line of Bigham Drive; thence North 0002130" East, along said Easterly line, 63.50 feet, to the Northwest corner of said Lot 1; thence North 77"04 SO" East along the Northerly line of said Lot 68.0 feet, to the true point of beginning. PARCEL II: Lot 2, Block 2 Of OAK KNOLL SUBDIVISION to the City of Central Point, Jackson County, Oregon. 2. Owner has applied for a building permit in connection with construction of an addition to the residence, 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 1 - DEFERRED IMPROVEMENT AGREEMENT - Myers (102099) 99-55322 covenants contained herein, it is agreed as follows: Agreement 1. Imorovements to be Constructed or Installed. Owner agrees to construct and/or install the following improvements at the time and in the manner specified herein: Street improvements including but not limited to sidewalks (including any required driveway aprons) on Bigham Drive and Oak Street, 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. 3. Resoonsibilities 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; herein; (c) Construction and/or installation of all improvements specified (d) Payment of all applicable fees, including, but not limited to, any applicable engineering deposits, permit fees, development fees, and inspection 2 - DEFERRED IMPROVEMENT AGREEMENT - Myers (102099) 99-55322 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. 5. 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. 6. 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. 7. 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. 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 3 - DEFERRED IMPROVEMENT AGREEMENT - Myers (102099) 99-55322 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 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. ,L EXECUTED IN DUPLICATE this 2�� day of &C; d&1L_ 199 each party retaining an original. • • •• • �i1ir� Y By Gerald R. Myers U �..INT ✓,gIII �.Gi...' �i .� iL v .i . i - v STATE OF OREGON ) ss. County of Jackson 1 On the "'day of OG>'orS �P 19??, personally appeared before me the above-named Sheri K. Myers formerly known as Sheri K. Carlson aka Sheri Kathleen Carlson and acknowledged the foregoing instrument to be her voluntary act and deed. OFFICIAL SE L. ARLENE LA ROSA Notary Public for Oregon NOTARY PUBLIC -OREGON COMMISSION NO. 060384 My Commission Expires:/�'>2 `a-4� MY COMMISSION EXPIRES DEC. 22, 2000 - 4 - DEFERRED IMPROVEMENT AGREEMENT - Myers (102099) s STATE OF OREGON ► ► ss. County of Jackson ) On theG+liday of 19_2� personally appeared before me the above-named Gerald R. Myersand acknowledged the foregoing in ct and deed. OFFICIAL SEAL K ROCHELLE LAKE a NOTARY PUBLIC - OREGON r'-C12"),!(�' COMMISSION NO. A315919 MYCONIM0010NE%PIREIBEPi.71002 Notary Public for Oregon My Commission Expires: STATE OF OREGON ► 1 ss. County of Jackson 1 On the 1gday ofLJC46el 199-R, personally appeared before me the above-named Bill Walton, Mayor, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. OFFICIAL SEALoz_ I/ DEANNA GREGORY EAN PUBLIC•EGOR otary Public for Ore- n �' COMMISSION NO. 054. My Commission Expires: s-/3-� Mt COMMISSION EXPIRES MAY 13, 2000 p Jackson County, Oregon Recorded OFFICIAL RECORDS MY 0 2 1999 .i 2. At1 �TY CLERK 5 - DEFERRED IMPROVEMENT AGREEMENT - Myers (102099)