36-269-Resolution No. 80-220 Recorded 10/30/1980VOL S&AGE 2,69
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Approving a Form )
of Improvement Agreement in )
Accordance with Article 9, ) D
Ordinance No. PL -14, Deschutes )
County Subdivision and Partitioning ) ii(;T, 7980
Ordinance of 1979, as Amended ) ROSFAMRY
DESCHUTES PArrERSON
RESOLUTION NO. 80-220 COUNrr CLERK
WHEREAS, Article 9, Ordinance No. PL -14, Deschutes County
Subdivision and Partitioning Ordinance of 1979, as amended, provides
that a developer may, in lieu of completing required improvements,
enter into an agreement with the County for the completion of the
required improvements; and
WHEREAS, a form of agreement for this purpose has been
reviewed by the Board of County Commissioners; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, as follows:
Section 1. That the form of agreement, entitled
"Improvement Agreement," marked Exhibit A, attached hereto and by
this reference incorporated herein, is hereby approved as the form
of agreement to be used by the County in accordance with Article 9,
Ordinance No. PL -14, Deschutes County Subdivision and Partitioning
Ordinance of 1979, as amended.
DATED this Mdjd.ay of 6. 1# , 1980.
ATTEST:
TAMMY JVRICHAFDSON
Recording Secretary
RESOLUTION NO. 80-220, PAGE 1
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
'•: • •
ld-
5 VOL 36PAGE 270
IMPROVEMENT AGREEMENT
THIS AGREEMENT, relating to the installation of required
improvements to be constructed in
Subdivision, Plat No. hereinafter
referred to as Subdivision," made and entered into this -__day
of , 19 , by and between DE
CHUTES
COUNTY, OREGON, a po itica subdivision of the State of Oregon,
hereinafter referred to as "County," and
, hereinafter referred toa"Developer,
wionesseth:
WHEREAS, Developer is the subdivider of Subdivision; and
WHEREAS, the improvements for Subdivision have not been
completed; and
WHEREAS, Developer wishes to file a final plat of Sub-
division prior to the completion of the required improvements; and
WHEREAS, Article 9, Ordinance No. PL -14, Deschutes County
Subdivision and Partitioning Ordinance of 1979, provides that
Developer may, in lieu of completing required improvements, enter
into an agreement with County for the completion of the required
improvements and provide a good and sufficient bond to provide for
the completion of the required improvements; now, therefore,
IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES above
mentioned, for and in consideration of the mutual promises herein-
after stated, as follows:
1. That Developer shall. complete all improvements in
Subdivision as required by the tentative approval of the subdivision
plat, and required by Deschutes County Ordinance No. PL -14, Deschutes
County Subdivision and Partitioning Ordinance of. 1979, and any
other Deschutes County Ordinance applicable to the tentative
approval of the subdivision plat, on or before
19
2. If the improvements required in accordance with
Section 1 above are not completed by the date for completion shown
in Section 1 above, County may contract to have the required im-
provements completed and recover from Developer the full cost and
expense of completing said required improvements, together with
court costs and attorney's fees necessary to collect said amounts.
3. Subdivider shall pay to County the actual costs
incurred in the inspection of the completed improvements.
4. That a bond, a copy of which is marked Exhibit A,
attached hereto and by this reference incorporated herein, shall be
the security required in accordance with Article 9 of Deschutes
County Ordinance No. PL -14, Deschutes County Subdivision and Par-
titioning Ordinance of 1979, and is on file with the Director of
Public Works of County.
IMPROVEMENT AGREEMENT, PAGE 1
VOL 36PAGE 271
5. County may call upon Developer's bond upon default
of this Agreement for any and all costs and expenses incurred by
County in the completion of the required improvements of Subdivision.
If the amount of the bond exceeds costs and expenses incurred by
the County, County shall release the remainder, if any, to Developer,
subject to Section 7, below. If the amount of the bond is less
than the costs and expenses incurred by the County, Developer shall
be liable to County for the difference.
6. The bond shall be released by County one year after
the completion and inspection of the improvements required to be
constructed by Developer in Subdivision.
7. This Agreement shall be signed in triplicate and
a copy filed by Developer with the maker of the bond.
8. In the event an action or suit or proceeding,
including appeal therefrom, is brought for failure to observe any
of the terms of this Agreement, County shall be entitled to recover
in addition to other sums or performances due under this Agreement,
reasonable attorney's fees as the court may adjudge in said action,
suit, proceeding, or appeal.
DATED this _ day of , 19
DEVELOPER DESCHUTES COUNTY, OREGON
By.
NEIL K. HUDSON, Director of
Works, on behalf of the County
By:
IMPROVEMENT AGREEMENT, PAGE 2
ACCEPTABLE FORM OF CERTIFICATE
FROM BANK
CERTIFICATE
Developer:
Bank or lending institution:
Amount:
VOL 36PAGE 2 12
, hereinafter referred to as "Bank"
Security for required improvements of
DOLLARS ($ )
Subdivision, Plat No.
EXECUTED at Oregon, this day of
19
In consideration of an improvement agreement between Developer and
Deschutes County, Oregon, a political subdivision of the State of
Oregon, hereinafter referred to as "County," Bank unconditionally
guarantees and promises to pay to County, on demand, in lawful money
of the United States of America, any and all of the above amount as
follows:
1. Maximum liability of Bank shall be the amount of this
Certificate.
2. Liability hereunder shall be open and continuous until the
day of ) 19 unless released. by
County in writing on an earlier date.
3. Bank hereby waives presentment, protest, demand, or notice
of any kind. County may demand any or all of the amount of
this Certificate and receive payment from Bank without
notice to Bank or Developer, or approval of Developer. No
payment by Bank to County of a portion of the amount of this
Certificate shall discharge the remainder of the amount of
this Certificate.
4. Upon default of the improvement agreement for the required
improvements in the above subdivision, as determined by
County, County may demand and be entitled to payment by Bank.
Failure to make such demand shall. not relieve Bank of its
obligation hereunder or constitute a waiver.
EXHIBIT A