HomeMy WebLinkAboutImprovement Agreement 98-45693-.. - '~.I, ~J,.
98, 45693
DEFERRED IMPROVEMENT AGREEMENT
__. for
Shelterwood Subdivision, Central Point, Oregon
This agreement made by and between Michael E. Sullivan, hereinafter
referred to as "Owner", and the City of Central Point, Oregon, a municipal
corporation, hereinafter referred to as "City".
1. Owner is the owner of real property known as Shelterwood
Subdivision located in the southeast quarter of Section 1 1 D, Township 37 South,
Range 2 West, Tax Lots 1700, 1800, 1901, 2201, and 2300 of the Willamette
Meridian, City of Central Point, Jackson County, Oregon, which property is fully
described as:
COMMENCING AT a brass cap monumenting the southwest corner of Donation
Land Claim No. 58, located in the southeast quarter of Section 11, Township 37
South, Range 2 West of the Willamette Meridian, Jackson County, Oregon; thence
North 0°04'44" West, along the west line of said Donation Land Claim, 697.02
feet; thence North 89°55'16" East, 30.00 feet, to a 518 inch iron pin monumenting
the southwest corner of that tract described in instrument No. 97-46941 of the
Official Records of said County being on the east right-of-way line of Bursell Road
and the initial POINT OF BEGINNING; thence South 89°56'05" East, along the south
line of said tract, 219.99 feet, to a 5/8 inch iron pin monumenting the southeast
corner of said tract; thence North 0°04' 17" West, along the east line of said tract,
83.00 feet, to a 5/8 inch iron pin monumenting the most northerly northwest corner
of that tract described in instrument No. 97-46938 of said Official Records; thence
South 89°56'05" East, along the north line of said tract, 254.66 feet, to a brass
disk monumenting the northwest corner of Valley Point, according to the Official
Plat, recorded in Volume 20, Page 5 of the Plat Records of said County; thence
South 0°04'20" East (record South 0°03'47" East), along the west line of said
Valley Point and the west line of Valley Point, Phase II, according to the Official
Plat, recorded in Volume 20, Page 10 of the Plat Records of said county, 750.09
feet, to a 5/8 inch iron pin monumenting the southeast corner of said Valley Point,
Phase II, on the north line of Beall Lane; thence North 89°56'05" West, along said
north line, 235.57 feet, to a 5/8 inch iron pin monumenting the southeast corner of
that tract described in instrument No. 95-20511 of said Official Records; thence
North 0°04'20" West (record North 0°03'47" Westl, along the east line of said
tract, 125.00 feet, to a 5/8 inch iron pin monumenting the northeast corner of said
tract; thence North 89°56'05" West (record North 89°55'32" Westi, along the
north line of said tract and the north line of Parcel 2 of Partition Plat No. P-5-1997,
Index Volume 8, Page 5, Jackson County Surveyor's File No. 15626, 89.01 feet, to
a 5/8 inch iron pin monumenting the southeast corner of Parcel 1 of said Partition
1 -DEFERRED IMPROVEMENT AGREEMENT (091198)
98 45693
Plat; thence North 0°04'44" West Irecord North 0°04'11 " West), along the east
line of said Parcel 1 and its northerly extension, 248.80 feet, to a 5/8 inch iron pin
monument on the south line of that tract described in Volume 218, Page 248 of the
Deed Records of said County; thence South 89°56'05" East (record East}, along
said south line, 89.12 feet, to a 518 inch iron pin monumenting the southeast corner
of said tract; thence North 0°04'44" West (record North), along the west line of
said tract and its northerly extension, 193.37 feet, to a 5/8 inch iron pin
monumenting the northeast corner of that tract described in instrument No. 97-
46944 of said Official Records; thence North 89°56'05" West, along the north line
of said tract, 239.12 feet, to said east line of Bursell Road; thence North 0°04'44"
West, along said east line, 102.92 feet, to the initial POINT OF BEGINNING.
2. Owner has applied for a permit in connection with construction of a
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.
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. lmprovements to be Constructed or Installed. Owner agrees to
construct and/or install the following improvements:
A. Along the portion of Bursell Road that adjoins said subdivision
including, but not limited to, street section (including any
necessary widening), curbs, gutters, sidewalks, bikeways, storm
drainage, traffic control, street lighting, and delineation,
landscape buffer, and utility relocation (if required) at the time
and in the manner specified herein in accordance with City
2 -DEFERRED IMPROVEMENT AGREEMENT (091198)
98 45693
standards.
B. Completion of all sidewalks and driveway aprons within the
subdivision as shown on the Shelterwood construction plans
that were approved by the City Public Works Department on
May 20, 1998, and any subsequent approved changes.
' 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.
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 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 iritention to commence work.
3 , bEFERRED IMPROVEMENT AGREEMENT (091 198)
98 45693
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, which includes said
subdivision, for the noted improvements along Bursell Lane.
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 1 1.04. Owner
is deemed to have consented to City entering onto the subject property, as
necessary, to construct and/or install the improvements.
8. Aareement 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 Dis un tes. 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
4 -DEFERRED IMPROVEMENT AGREEMENT (091198)
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98 45693
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 day of ~Q{'T,-~~~ 19 ~' ,
each party retaining an original.
OWNER// ,
sy%
Michael E. Sullivan
STATE OF OREGON )
ss.
County of Jackson 1
CIT CENTRAL PONT
ey:
Mayor Rusty McGrath
On the/~day of ~~?~j~/L~ 194, personally appeared
before me the above-named Michael E. Sullivan, and acknowledged the foregoing
instrument to be their voluntary act and deed. e
OFFICIALSEAL~a ~ f~~ ~2~2
K ROCHELLE SIRIANNI /o
NOTARY PUBLIC -OREGON
~' COMMISSION NU. 315919 otary Public for Oregon
MYCpMIA6510NE%PIRESSEPT.7.20at My Commission Expires: 9- 7-~Oy~~
STATE OF OREGON )
ss.
County of Jackson 1
On the day of 19~ ,personally appeared
before me the above-name Mayor Rusty McGrath, and acknowledged the
foregoing instrument to be the voluntary act and deed of the City of Central Point.
OFFICIALSEAL
K ROCHELLE SIRIANNI
NOTARY PUBLIC -OREGON
M>° OMMIS8IGN fMPI is°sErT.'i iooi
otary Public for Ore on
My Commission Expires: ~ v~
ac cson County, Oregon
Recorded
OFFICIAL RECORDS
5 -DEFERRED IMPROVEMENT AGREEMENT (091198)
OCR 01 1998
~a: ~i~i ~
9~TY CLERK