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HomeMy WebLinkAboutDiffered Improvement 2015-032463Jackson County Official Records 2015-032463 R -A 09/28/2015 02:47:52 PM Cnt=1 SHINGLJS S25 00 S10 0o S5.00 SS.00 S11 00 Total:$83.00 520.00 $4.00 11111 1'� 01687484201500324630050050 I,hChristine Walker, County Clerk for Jackson County, Oregon, certify tat the instruiaent identified herein wras recorded in the Clerk records Christine 4valker -County Clerk DEFERRED IMPROVEMENT AGREEMENT for 1767 N. 3rd Street, Central Point, Oregon This agreement made by and between Dennis C. Kottke and Alice F. Kottke, 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 1767 N. 3rd Street, Central Point, Oregon, which property is fully described as Township 37S, Range 2W, Section 03AB, Tax Lot 5000, Jackson County, Oregon, as follows: 2. Owner has applied for a land partition (3 parcels) in connection with construction of new structures on parcels 1 and 2 leaving the existing structure on parcel 3 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. 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 - 1767 N 3rd Kottke (072314) 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, according to City standards, adjacent to the property along Aurora Lane. 2. Time of Making Improvements. The parties agree that City shall determine, in its discretion, the time for construction and/or installation of improvements. The improvements will be tied to further development/redevelopment of parcel 3 when any addition and/or renovation requiring a building permit. 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; (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. 2 - DEFERRED IMPROVEMENT AGREEMENT - 1767 N 3rd Kottke (072314) 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. 6. 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. 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 Laurel Street. 8. Aqreement 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 3 - DEFERRED IMPROVEMENT AGREEMENT - 1767 N 3`d Kottke (072314) 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 Sydnee Dreyer, 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 �DD tic\ day of 201, each party retaining an original. O RS uei Ins C. Kottke B Y Alice F. Kottke STATE OF OREGON ) )SS. County of Jackson ) CITY OF CENTRAL POINT By: —Mayor Hank Williams On the o r day of , 201 1 personally appeared before me the above-named Dennis C. Kottke, and acknowledged the foregoing instrument to be his/her voluntary act and deed. 'yt z OFFICIAL STAMP�� ! KAREN ROEBER Nota Public for Oregon NOTARY PUBLIC - OREGON Notary 9 COMMISSION NO. 921764 My Commission Expires: MY COMMISSION EXPIRES NOVEMBER 14, 2017 4 - DEFERRED IMPROVEMENT AGREEMENT - 1767 N 3rd Kottke (072314) STATE OF OREGON ) ss. County of Jackson ) On the >, day of EDe��e, r��ec- , 2015, personally appeared before me the above-named Alice F. Kottke, and acknowledged the foregoing instrument to be his/her voluntary act and deed. y OFFICIAL STAMP KAREN ROEBER NOTARY PUBLIC - OREGON COMMISSION NO. 921764 MY COMMISSION EXPIRES NOVEMBER 14, 2017 STATE OF OREGON ) )SS. County of Jackson ) Notary Public for Oregon My Commission Expires: nn On the A-R'd day of (� (J� �� 2015, personally appeared before me the above-named Mayor Hank Williams, and acknowledged the foregoing instrument to be his/her voluntary act and dee Oz_a� OFFICIy DEANNAAL ASEY � Notary Public for Oregon � i.n NOTARY PUBLIC -OREGON My Commission Expires: COMMISSION NO. 468260 MY COMMISSION EXPIRES MAY 14, 2016 1 5 - DEFERRED IMPROVEMENT AGREEMENT - 1767 N 3rd Kottke (072314)