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HomeMy WebLinkAboutSatisfaction Improvement Agreement 98-33172November 2, 2016 Jackson County Officlal Records 2016-037303 RAG SCn=0 MORGANSS 1111412016 10:56:10 AM St $11.00 $5.00 $4.00 $5.00 $6.00 $10.00 $63.00 $20.00 Walker, county Clarkrn Corcy. Omy, urtly that Um knaamam mntlfisd herein eas rtmdN In the Clxk mC rds. Christine Welker - County Clerk CENTRAL POINT SATISFACTION OF DEFERRED IMPROVEMENT AGREEMENT For 221 W Pine 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 Randy and Pam Wooton entered into on June 30, 1998. City of Central Point, November 2016 Property located in the Township 37, Range 2W, Section 10AB of the Willamette Meridian, Tax Lot 7100 Recording Number: 98-33172 Recording Date: July 20, 1998 Matt Samitore City of Central Point STATE OF OREGON ) )ss. County of Jackson ) /- AI Date On the �Q 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 CYNTHIA A 11111111111111100 yr' NOTARY PUBLICORCOON COMMISSION NO, 950992 MY Commsmom one An p, = Notary Public for Oregon My Commission Expires: 0( C&IC� 98-33172 DEFERRED IMPROVEMENT AGREEMENT for 221 W. Pine Street, Central Point, Oregon This agreement made by and between Randy and Pam Wooton, 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 221 W. Pine Street, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 10AB, tax lot 7100, Central Point, Jackson County, Oregon: Commencing at the most northerly corner of Lot 5 in Block 8 of AMY AND HARBAUGH'S ADDITION to the City of Central Point, Jackson County, Oregon, according to the official plat thereof, now of record, thence South 540 45' West along the northerly line of said lot, 20.0 feet to the true point of beginning; thence continuing south 540 45' West 70.0 feet to the most westerly corner of lot 6 in Block 8 of said Amy and Harbaugh's Addition; thence South 35° 15' East along the westerly line of said Lot 6, and its southerly extension, a distance of 202.0 feet to the southwest corner of tract described in Volume 488 page 140 of the Deed Records of Jackson County, Oregon; thence North 54° 45' East along the southeasterly line of said tract, a distance of 70.0 feet to the southwest corner of tract described in Volume 519 page 486, said Deed Records; thence North 350 15' West along the westerly line of said tract, 202.0 feet to the true point of beginning. 2. Owner has applied for a building permit in connection with construction of a multi -family residential 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 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 (032798) 98-331'72 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 public improvements to Pine Street, at the time and in the manner specified herein, including, but not limited to, street section, curbs, gutters, sidewalks, street lights, storm drainage, and traffic control and delineation along the property's frontage with Pine Street, according to City standards. 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 provide the Owner with the option of either installing the improvements or having the City install the improvements at the Owner's cost. 3. If Owner Elects to Design and Construct Improvements If the Owner elects to do the work required, such written notice shall also 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. Owner shall be responsible for the following: 2 - DEFERRED IMPROVEMENT AGREEMENT (032798) S 98-331'72 (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. If City Designs and Constructs Improvements If the Owner elects to have the City do the work required or the City elects to do the work as part of a local improvement district or other improvement project, such written notice shall also set forth the time schedule for the work to be done and the estimated engineering and construction costs. For the purposes of this agreement, if the City designs and constructs the required improvements, the Owner's portion of the cost of construction of the described improvements shall not exceed a total of $18,000, based on, and as adjusted by an Engineering News - Record Construction Cost Index (ENR CC]) of 5895. City may accomplish the work and then assess the cost thereof against the subject property, in the same manner the 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. 5. 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. 6. 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. 3 - DEFERRED IMPROVEMENT AGREEMENT (032798) ' �8-331'72 7. 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. 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 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. 4 - DEFERRED IMPROVEMENT AGREEMENT (032798) 98-:331'72 EXECUTED IN DUPLICATE this664k- day of 199.I, each party retaining an original. OWNE By Ran Wooton Pam Wooton STATE OF OREGON ) ss. County of Jackson 1 CIT OFC TRAL POINT By: Mayor Rusty McGrath Jackson County, Oregon Recorded OFFICIAL RECORDS JUL 2 0 1998 �T>YCLERK On the day of 1Vt, personally appeared before me the above-named Randy Wooton and Pam Wooton, and acknowledged the foregoing instrument to be their voluntary act and deed. OFFICIAL SEAL Notary Public for Oregon TONI L. DINS /0 a6 3ov NOTARY PUBLIC -OREGON My Commission Expires: / COMMISSION NO. 306193 MY COMMISSION EXPIRES OCT. 26, 2001 OFFICIAL SEAL STATE OF OREGON 1 DOTARVJPUBLSCROREGOON 1 ss. COMMISSION NO.054004 Ft County of Jackson ► On the 96`ik- day of Or"c 19J, personally appeared before me the above-named Mayor Rusty McGrath, and acknowledged the foregoing instrument to be the voluntary act and deed of the City of Central Point. �o Notary Public for Oreg n My Commission Expires: 5 - DEFERRED IMPROVEMENT AGREEMENT (032798)