2016-007673 Murdock St.-Sage Built Homes Washington County,Oregon Z®1 ®®7673
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` After recording, return to:
City of Tigard—Records Division
13125 SW Hall Blvd, 02128556201600076730040045
I,Richard Hobernlcht,Director of Assessment and
Tigard, OR 97223 Taxation and Ex-Officlo County Clerk for Washington
County,Oregon,do hereby certify that the within
Instrument of writing was received a d re ordetl In the
NO CHANGE IN TAX STATEMENT book of records of said coin
Richard Hobernlcht,Director of Assessment and
Taxation,Ex-Officio County Clerk
RESTRICTIVE COVENANT
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this 2-I 5T day of � ►�UAR , 2016, by the City of
Tigard, a 1\1unicipal Corporation of Washington County, Oregon, ("CITY"), and Sage Built Homes, LLC.,
("OWNER").
RECITALS
WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1
below, and
WHEREAS OWNER has received approval of a development on the Property from the CITY,as set forth in
Land Use Case No. 1\1LP2015-00001 dated May 1,2015, and
WHEREAS Chapter 18.810 of the TI\1C (Tigard Municipal Code) contains certain.conditions applicable to
street improvements,and issuance of permits is conditioned on OWNER'S compliance with the TMC, and
WHEREAS OWNER wishes to mitigate the impacts of the proposed developfent,and
WHEREAS parties wish to fulfill the requirements of Chapter 18.810.
IN CONSIDERATION of the mutual promises, covenants and undertalangs, and the issuance of a building
permit in advance of OWNER constructing improvements required by the TIb1C, the parties agree as follows:
Section 1: The real property subject to this Agreement is described as follows:
Parcels 1, 2, and 3 ofMLP2015-00001
Plat No, a0 I6- 00 5 ,
Recorded as Document No. aO/l-007 k71 , Washington County, Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs,
successors in interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
Murdock Street
Half street improvements including, but not litnited to, pavement, curbs, planter strip,
sidewalk, street trees,lighting, and storm sewer.
Section 3: This Agreement shall be in full force and effect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CITY standards in
effect at the time of construction.
Restrictive Covenant(Future Street Improvements) Page 1 of 4
r
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any
one of the following events:
(1) when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
(2) when the improvements are part of a larger public project to be financed or paid for in
whole or in part by CITY or other public agency,
(3) when the improvements are part of a larger project to be constructed by a third party
and involves the sharing ,of design and/or construction expenses by the third parts`
owner(s) of property in addition to the property described in Section 1,or
(4) ., when construction of the improvements are deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to the
improvements described in Section 2.
In addition to this Agreement, OW'NER'S obligation to share design and/or construction
expenses'may arise by application of the Reimbursement District Ordinance; Chapter 13.09,
TMC, or any similar ordinance or law providing a process whereby such expenses are
distributed among benefited properties.
Section S: OWNER, agrees to sign any and all waivers, petitions, consents. and all other documents
necessary to obtain the above listed applicable improvements under any improvement act or
proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or
adopted and to waive all right to remonstrate against the improvements listed in Section 2
above, submitted either alone or in conjunction with other improvements described in Section
4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat
this Agreement as a-waiver of remonstrance on behalf of the property described in Section 1
against formation of such a Local Improvement District. OWNER covenants and agrees that
the improvements described in Section 2 will specially benefit OWNER'S property as
described in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the.
amount or the manner of spreading the assessment, but not the.formation of such district.
Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this
Agreement constitutes compliance with the requirements of TMC Chapter 18.810.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed,.
or part of such unprovements without regard to the source of funds for. such project, but not
as part of a Local Improvement District, then CITY will charge to OWNER and OWNER
will promptly pay OWNER'S, share of the cost of such improvements. OWNER'S share will
be determined by CITY in a manner similar to spreading the cost of a public improvement to
specially benefited properties. The parties intend OWNER to share in the cost of
improvements even though actual construction is undertaken and performed by CITY or a
third party;;so long as the improvements,listed in Section 2; are included within the project.
(1) Except as otherwise provided in subsection (2) of this section,prior to construction of
such improvements under this section, OWNER shall be provided not less than six (6)
Restrictive Covenant(Future Street Improvements) Page 2 of 4
f•
months written notice by first class mail that the project will be built. The notice shall
advise OWNER that OWNER will share in the cost of such improvements and
provide OWNER with an estimate of the total project cost as well as an estimate of
OWNER'S share of the costs. Failure to provide this "six month" notice in advance
of construction shall not nullify OWNER'S obligation to pay, but shall only extend the
payment due date by the amount of time less than six months that notice was given,
but not more than six months. Upon completion of improvements pursuant to this
Section, CITY shall provide written notice to OWNER of OWNER'S share of the
actual cost of the improvements and OWNER shall pay OWNER'S share within sixty
(60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the
owner may elect to execute an installment agreement on a form prepared by the CI'T'Y
and to pay the CITY in 10 equal annual installments, with the first installment due-
within
uewithin 60 days of the notice, unless otherwise agreed to by CITY. The installment
option shall be available only if the OWNER provides written notice and the first
payment within 60 days of the notice. If the installment option is chosen, the unpaid
amounts shall bear interest at the then legal rate of interest. Interest on overdue
payments shall bear interest at the legal rate of interest and shall be applied per month
from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party, who
seeks reimbursement in accordance with the Reimbursement District Ordinance,
Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay
to the CITY an amount determined by the CITY to be OWNER's share of the anticipated
cost of the future improvements. Payment under this section shall:discharge all of OWNER's
obligations under this Agreement. CITY shall use the funds received under this section solely
to pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions,
and restrictions running with the tide to the property covered by this Agreement, and shall be
binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and
successors and shall be construed to be a benefit and a burden upon the property.-described in
Section 1 and a benefit in favor of the CITY right of way adjacent to the proper . The parties
ty
agree the CITY may, for purposes of recovering the cost of improvements described in
Section 2, levy an assessment against the property, described in Section 1, and may enforce
payment of such assessment in the manner provided in ORS Chapter 223 or the.general laws
of the State of Oregon and as provided in Section 12.
Section 11: Promptly after its execution by the parties, this Agreennent shall be recorded in,the records of
Washington County= to provide public notice and especially notice -to future owners of
property, described in Section 1 of the conditions, covenants and restrictions against the title
to the property imposed by this Agreement.
Section 12: The amount of the improvement shall be a debt due and owing to CITY. CITY may enforce
the terms of this agreement in any court of competent jurisdiction. In addition to any other
legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a
violation of a condition of approval of OWNER's land use application and a violation of the
TMC and Tigard Development Code. They rights, remedies, and' penalties provided in the
TMC and TDC may also be enforced. In the event CITY determines OWNER is in default
Restrictive Covenant(Future Street Improvements) Page 3 of 4
on this agreement, the CITY may declare the entire amount due and payable. Section 13: If
suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party
shall be entitled to, in addition to the statutory costs and disbursements, a reasonable
attorney's fee to be fixed by the trial and appellate courts respectively.
Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be
illegal or in conflict with any law, the validity of the remaining terms and provisions shall not
be affected, so long as thisagreement continues to reflect the intent of the parties. The parties
shall negotiate an equitable adjustment of this agreement so that the purposes of this
agreement are affected.
Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has
caused its name to be signed by resolution or official approval of its board of directors.
O\X NER(S):
6 c-4-k �t �� " -
Name of CorporationSignature
Ad cess i p Title
Signature
Tax Statement 1\f ailing Address (if Qlerent fiovi above) Title
STATE OF OREGON )
) ss.
County of Washington ) ,
This instrument was acknowledged before me on J�n 91 , ON C, (date) by �lar `,v �. So,C
by: (name(s) of person (s)) as "
(type of authority, e.g., officer, trustee, etc.) of q rw LC—(S:—
(name
_LG(name of party on behalf of whom instrumentx as exec
OFFICIAL SEAL '
CATHERINE A PATTERSON Notary.s Sigt ature pp
NOTARY PUBLICC
-OREGON My'Cominission Expires: �.Cs(l� bi
COMMISSION NO.-.469003
MY COMMISSION EXPIRES JUNE'06,2016
�k , �
Accepted on behalf of the City of Tigard this day of�� _W61 20 I6,
Engineer
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