The URL can be used to link to this page

Home My WebLink AboutDiffered Improvement 2015-026810CnI C1,JI .oLib 2015-026810 R -A 08/061201509:49:31 AM Cnt=S 'JAkR3NCK ss000s1000:50OS800sllW Total:$88.00 520 CO 54 00 I IIII 11 H 1ill 111111141201500268100060060111111111111 IT 0111 m� J.0,1o11 coverts 11V, Ilia: IIIc �i.ti..lnelll IJenf•fi.. d11,e I w , . , O rd, C In I h� C 1111 —,d. C.hfI5Gflc 1NalKEr - County Ccfh DEFERRED IMPROVEMENT AGREEMENT for 788 S. Front @ Cupp Street, Central Point, Oregon This agreement made by and between Graham P. and Genevieve M. McPartland, 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 788 S, Front Street, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 11 B2, Tax Lot 6200, Jackson County, Oregon, as follows: See Exhibit "A" 2. Owner has applied for a building permit in connection with construction of an eye and vision center and the 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 covenants contained herein, it is agreed as follows: 1 - DEFERRED IMPROVEMENT AGREEMENT McPartland (072015) 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 curb and gutter, including any required driveway aprons, according to City standards, adjacent to the property. 2. Time of Making Improvements. The parties agree that these improvements are to be completed once the Owner decides to develop the vacant portion of lot/parcel, or prior to the sale of the property, or when funds become available from the Urban Renewal Revitalization Fund; whichever should occur first. All parties agree that if the property is sold prior to improvements being completed the new owner will be responsible for the improvements prior to a new business license being issued. 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 intention to commence work. 4. Qualitv 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. Warrantv 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. 2 -DEFERRED IMPROVEMENT AGREEMENT McPartland (072015) 6. Failure of Owner to do Work Reauired. 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 superseded by the creation and establishment of a Local Improvement District, which includes said property, for the noted improvements along S. Front @ Cupp 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. Citv 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. Attornev 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 Paul Nolte, 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 -? I day of c s� 2015, each party retaining an original. \4 3 - DEFERRED IMPROVEMENT AGREEMENT McPartland (072015) OWNERS By ' draham P. McPartland By /V- ✓'l Rao-7— Genevieve fin l/ Genevieve M. McPartland STATE OF OREGON ) )SS. County of Jackson ) CITY OF CENTRAL POINT Mayor Hank Williams On the / 7 day of 2015, personally appeared before me the above-named Grahan-tP. McPartland, and acknowledged the foregoing instrument to b his/her voluntary act and deed. OFFICIAL SEAL CATHERINE M ARNOLD NOTARY PUBLIC -OREGON COMMISSION NO 465657 MY COMMISSION EXPIRES FEBRUARY 07, 2016 STATE OF OREGON ) )SS. County of Jackson ) Notary Public for Oregon My Commission Expires: On the c::,)N I day of U w L y , 2015, personally appeared before me the above-named G evieve/M.. McPartland, and acknowledged the foregoing instrument to be hi her v luntary act and deed. OFFICIAL SEAL i CATHERINE M ARNOLD dUJ'VL ' G'% �_/�L'L-L, NOTARY PUBLIC -OREGON Nota Public for Oregon COMMISSION NO. 465657 Notary�_ 7_1/( 1 MY COMMISSION EXPIRES FEBRUARY 07,2016 My Commission Expires: 4 - DEFERRED IMPROVEMENT AGREEMENT McPartland (072015) STATE OF OREGON ) ) ss. County of Jackson ) On the !�>' day of 2015, personally appeared before me the above-named Mayor k Williams, and acknowledged the foregoing instrument to be his/her voluntary act and dee v _ OFFICIAL SEAL DEANNA L CASEY 'Notary Public for O gon \, NOTARY PUBLIC -OREGON My Commission Expires: COMMISSION NO. 468260 MY COMMISSION EXPIRES MAY 14, 2016 5 - DEFERRED IMPROVEMENT AGREEMENT McPartland (072015)