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HomeMy WebLinkAboutSatisfaction Improvement Agreement 99-38133November 2, 2016 Arw CENTRAL POINT Jackson County Official Records 2016-037309 R-M Stn Stn=O MORGANSS 11/14/2016 10:66:10 AM Woo $8.00 $11.00 $10.00 $20.00 $5.00 $63.00 $4.00 I, Chileans Walker, County Clem for Jackson County, CreSpn, certify amt Ne Instrument Identified herein wu recorded in the Clem records. Christine Walker - County Clerk SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For vonBrandt Apartments Subdivision 443 N 2"" 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 and Oscar Swanson Trust and Cheryl Robertson entered Into on June 22, 1999. City of Central Point, November 2016 Property located in the Township 37, Range 2W, Section 3DB of the Willamette Meridian, Tax Lot 700 Recording Number: 99-38133 Recording Date: July 20, 1999 Matt Samitore City of Central Point STATE OF OREGON )ss. County of Jackson k-�� Date On theZ 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. OFFICIAL STAMP I CYNTHIA A WEEM C'^sa NOTARY KMLIC•Cfl GON COMMISSION NO, 960992 ur co�lnasloe 17�IEs J1AlE p, ime Notary Public for Oregon My Commission Expires: cwc(o/a0 99=381;33 DEFERRED IMPROVEMENT AGREEMENT for vonBrandt Apartments Subdivision, Central Point, Oregon a(o LZ5 /G� This agreement made by and between Oscar Swanson Trust, Cheryl Robertson, Executor, 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 443 N. 2nd Street, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 3DB, tax lot 700, Central Point, Jackson County, Oregon, described as followers: Beginning at a point 199 feet North of the Southeast corner of the Northwest quarter of the Southeast quarter of Section 3, in Township 37 South, Range 2 West of the Willamette Meridan, in Jackson County, Oregon; thence West 606 feet; thence South 199 feet; thence East 251 feet; thence North 91 feet; thence East 355 feet; thence North 108 feet to the point of beginning. Less the following described premises: Beginning at a point 199 feet North and 355 feet West of the Southeast corner of the Northwest Quarter of the Southeast Quarter of Section 3, Township 37 south, Range 2 West of the Willamette Meridian in Jackson County, Oregon; thence West 251 feet; thence South 199 feet, thence East 251 feet; thence North 199 feet to the place of beginning, containing 1.147 acres, more or less. 2. Owner has applied for a building permit in connection with construction of an apartment subdivision 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. 1 - DEFERRED IMPROVEMENT AGREEMENT - vonBrandt (060799) 99-38133 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 at the time and in the manner specified herein: Sidewalks, including a suitable driveway apron with 20 -foot "throat", storm drains, and street lighting , according to City standards, adjacent to property frontage along 2nd Street. 2. Time of Making Imorovements. 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; 2 - DEFERRED IMPROVEMENT AGREEMENT - vonBrandt (060799) 39-38133 (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. Failure of Owner to do Work Reouired. 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, which includes said apartments/subdivision, for the noted improvements along 2' 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. 9. City Council to Decide Disputes. Should Owner disagree with any of 3 - DEFERRED IMPROVEMENT AGREEMENT - vonBrandt (060799) 99-38133 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 a ~ day of Jur`.e— 1999, each party retaining an original. OWNER: OSCAR SWANSON,/TRUST CITY OF CENTRAL POINT By U�_ 1Sn l fig ri,/ By: Cheryl Nobertlon, Executor Mayor Bill Walton V STATE OF OREGON ) ss. County of Jackson ) On the qday of L/r%N E 1999, personally appeared before me the above-named Cheryl Robertson, Executor of Oscar Swanson Trust, and acknowledged the foregoing instrument to be her voluntary act an_ eedd.. d� OFnC'A' SEAL Notary Public for Oregon L. ARLENE LA ROSA NOTARY PUBLIC -OREGON My Commission Expires:/o2'-a000 COMMISSION NO. 060.18! My COMMISSION EXPIRES DEC. 22, 2000 4 - DEFERRED IMPROVEMENT AGREEMENT - vonBrandt (060799) 99-38133 STATE OF OREGON I OFFICIAL SEAL DEANNA GREGORY SS. NOTARY PUBLIC -OREGON County of Jackson ) COMMISSION NO.054004 f `(', MY COMMISSION EXPIRES MAY 13, 2000 Ir, On the c a?day of -Zoc\2 , 1999, 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 Ce tral Point. Notary Public for Oreg My Commission Expires: S-/3-66 Jackson County, Oregon Recorded OFFICIAL RECCRDS JUL 2 0 1999 / COUNTY CLERK 5 - DEFERRED IMPROVEMENT AGREEMENT - vonBrandt (060799)