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DEFERRED IMPROVEMENT AGREEMENT
This agreement made by and between, Northwest Commercial
Construction Co. and State of Oregon Department of General
Services, hereinafter referred to as "Owner", and the City of
Central Point, Oregon, a municipal corporation, hereinafter
ref erred to as "City" .
Recitals
1. Owner is the owner of real property located in Central
Point, Jackson County, Oregon, which property is fully described
as follows:
Commencing at the North 1/4 Corner of Section 3,
Township 37 South, Range 2 West, Willamette Meridian in
Jackson County, Oregon; thence South QO° 16' S0" East
along the North--South center line of said Section 3, a
distance of 2025.84 feet {Record 2Q26.32 feet); thence
West 111.79 feet to a 5/8 inch iron, pin for the Point
of Beginning; thence East 111,79 feet to a point on the
aforementioned North-South center line of Section 3;
thence South 00° 16' 50" East along said North-South
center line 486.89 feet; thence South 54° 51' 30" West
421.85 feet to a point nn the Northeasterly right-of-
way line of U.S. Highway No. 99; thence North 35° 08'
30" West along said right-of-way line 556.31 feet to a
5/8 inch iron pin as set per Survey No. 6664 filed in
the Office of the Jackson County Surveyor; thence North
55° 07' 34" East 474.94 to a 5/8 inch iron pin set per
said Survey Na. 6664; thence North 00° 11' 03" West
2.86 to a 5/8 inch iron pin also set per said Survey
No. 6664; thence East 161.23 feet to a F~oint of
Beginning,
2. Owner has applied far a land partition, and City has
reviewed and considered such application.
3. In reviewing Owner's application, City has determined
that as one of the conditions of approving said proposed
development, 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. 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 (111693)
5. Owner agrees that said improvements are reasonable and
necessary and that he ar she will install them at the time and in
the manner hereinafter provided.
Naw, therefore, based an the foregoing and the mutual
promises and covenants contained herein, it is agreed as follows:
Agreement
L. Tm ravements to be Constructed or Installed Owner
agrees to construct and/ar install the following improvements at
the time and in the manner specified herein:
Highway 99, adjacent to the property, shall be widened
to provide a 60' curb to curb width. Such widening
shall include subgrade, base, paving with asphaltic
concrete, street lighting, traffic control and
delineation, curbs and gutters, safety improvements,
ingress{egress improvements, sidewalks, bikeways and
storm drainage improvements.
2. Time of Making Itrt~proyements The parties agree that City
shall determine, in its discretion, the time for construction
and/ar installation of the improvements. There shall be no
specific limitation as to when the City may require the
improvements be made, except that {i) they shall not be required
to be made before construction of any improvements an either
parcel and (ii) if impravernents required by the City are to be
made by the State of Oregon, they shall not be required to be
made before the Department of General Services (ar a successor
state agency) has received the necessary appropriation,
limitation ar other expenditure authority far such improvements
and has awarded a contract therefor in accordance with ORS
Chapter 279. The State of Oregon, acting by and through its
Department of General Services {or a successor state agency},
agrees to use its best efforts to Seek and secure such necessary
appropriation, limitation, or other expenditure authority from
the Oregon ~,egislative Assembly. Subject to the foregoing
limitations, owner specifically understands that after
improvements have been constructed an either parcel, City may
demand performance at any time, and Owner agrees to perform upon
such demand. Owner specifically understands that after such
time, City may demand performance at any time, and Owner agrees
to perform upon such demand.
2 - llE~'ERRED IMPROVEMENT AGREEMENT { l.1I.693 )
At such time as City determines the improvements shall be
made, City shall cause written notice to be sent to Owner, at the
address shown on the Jackson County Tax Assessor records for each
parcel affected. Such notice shall inform Dwner (which term
includes any successors in interest to Owner} that the
improvements shall then be made, and such notice sha11 set forth
the time requirements deemed proper by City for submission of
plans, start of construction, bonding requirements, if any,
completion of construction, and any other provision deemed
necessary by City. {If City`s notice is to the State of Oregon,
the notice shall ailow the Department of General Services (or a
successor state agency} a reasonable amount of time to solicit
bids and award a contract for construction of the improvements,)
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/ar
installation of the improvements.
3. Re____s~g_nsibilities of Owner Owner shall be responsible
for the following:
(a) Preparing plans 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 (the State of Oregon may satisfy
this requirement by securing a performance bond from its
contractor that complies with ORS 279.029(4}(b) and names the
State of Oregon and City as dual obligees);
(c} Construction and/or installation of all
improvements specified herein;
(d} Payment of all applicable fees, including, but not
limited to, engineering deposits, permit 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. puaiitY of Wark A11 improvements shall be constructed
and/ar installed in conformance with all applicable City building
standards and codes, shall be done in a workmanlike manner, and
City shall have authority to inspect the work as it progresses.
3 -~ DEFERRED IMPROVEMENT AGREEMENT {1i1.693)
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 final
certificate of acceptance of the work. If during such two year
period City determines that repair ar replacement of all ar 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 Wark Reouired In the event that
Owner fails to timely complete the work in any manner required
herein, City may, at its option, determine to construct and/ar
install, on its own, the improvements specified herein. In that
event, City may accomplish the work and then assess the cast
thereof against the subject property, in the same manner as City
assesses costs against properties benefited by local improvement
districts pursuant to Central Point Municipal Cade 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 Bindin an Successors in Interest This
agreement is deemed to run with the land and shall 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 Dispute Should Owner disagree
with any of the discretionary decisions or requirements made by
City hereunder, Owner may have such decision ar requirement
reviewed by the City Council. Owner shall notify the City
Administrator, within 10 days of Owner's receipt of such decision
ar requirement, that he ar 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. Eoth parties agree to be bound by the
decision of the City Council, provided, however, that any right
of the State of Oregon to seek judicial review of such decision
shall not be impaired or limited by this agreement.
8. Attorne Fees In the event either party shall take any
action to enforce or interpret any of the terms of this
agreement, the prevailing party shall be entitled to recover from
the lasing party reasonable attorney fees, including those
incurred in any appeal, if any.
4 - DEFERRED IMPROVEMENT AGREEMENT {111693}
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STATE OF OREGON
County of Marion
ss.
On the day of ~7~~~~ _ 1993, personally appeared
before me the above-named Theresa McHugh, Assistant Director/Budget Director
of the State of Oregon Department of Administrative Services, successor agency
to the Department of General Services, and acknowledged the foregoing
instrument to be the State of Oregon's voluntary act and deed.
~~ C F ~ ~ ~aC~,l ~ Y
f ~~~ r ~,,~;.r,.: ~,,, ..,, Notary Publ i c or Oregon
!YI ~~ Lv r; t1 ~iJS{t7~V "i~{~If~LJ Ji= .:Ir'1~~i) ~ 1r ~~;,I
~~'"'°"~`"~~~ My Commission Expires: UW//-~`)
STATE OF OREGON
J S5.
County of 3ackson )
On the ~~day of ~~,~,,u~ ) 1993, personally appeared before
me the above-named Roger Westensee, Mayor of the City of Central Point,
Oregon, and acknowledged the foregoing instrument to be the voluntary act and
deed of the City of Central Point.
6 - DEFERRED IMPROVEMENT AGREEMENT (11193)
OfFiCiRL SEAL
;~"JAY J !.OMM~L
n,. „..~~:~ _. ~~_~o~, Notary Pub c fo Oregon
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,3:~:f ; C;..,r++i=:lv~ a~~:;. A'v0'3395
M's CL~~4tMt~51(~'~`~EXr~RES(10V B, 5995
My Commission Expires: ll- ~ - Q~