Summerfield Drive - Summerfiled Civic Assoc THIS AGREEMENT, Made this 26th day of _ November , 19
between SUMMERFIELD CIVIC ASSOCIATION, an Oregon non - profit corpora-
tion, hereinafter termed "Association'', TUALATIN- FRANKLIN, a joint
venture comprised of Tualatin Development Co., Inc. and Franklin
Service Corporation, both Oregon corporations, hereinafter termed
"Tualatin - Franklin ", and the CITY OF TIGARD, a municipality of the
State of Oregon, hereinafter termed "City ",
W I T N E S S E T H :
WHEREAS, Tualatin- Franklin is the developer of certain lands
within the City of Tigard as 'a planned community incident to which
Tualatin- Franklin has heretofore partially constructed a parkway
designated S.W. Summerfield Drive and has requested the City of Tigard
to approve the dedication thereof and to accept the same as a thor-
oughfare of the City, and
WHEREAS, Tualatin - Franklin, in connection with the said resi-
dential development known as Summerfield, has sponsored the formation
of Summerfield Civic Association and has further heretofore filed
Declaration of Conditions and Restrictions with respect to plats
involving Summerfield Planned Community, and
WHEREAS, in connection with the construction and development
of S.W. Summerfield Drive, the developers are required by the City
to construct a sidewalk, and a bicycle path on opposite sides of
said Drive, together with landscaping, including shrubs, trees, grass
cover and street islands, all of which will require care and mainte-
nance on a continuing basis, in perpetuity, as a part of the Summer -
field planned community development, and the City is unable to assume
the continuing financial burden of providing such maintenance, upkeep
and repair at public expense,
NOW, THEREFORE, in consideration of the foregoing premises,
promises and agreements herein contained, and as an inducement to
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C . l
the City to approve the dedication be deed of S.W. Summerfield
Drive and to accept the same as a City street, the parties hereto
agree as follows:
1. That Tualatin - Franklin, having executed a street dedi-
cation compliance agreement, and being thereby bound to complete
the construction and development of S. W. Summerfield Drive, and to
maintain the same, during the period defined in said agreement,
does hereby further bind itself to keep and maintain the bicycle
path, the sidewalk and all landscaping elements, including sprinkling
or watering systems on said Drive, in a condition of good repair and
esthetic good order according to reasonable standards for parkways
until such obligations are superseded by the equal obligations of
the Association as hereinafter stated.
2. The Association does hereby bind itself, in perpetuity,
to keep and maintain the bicycle path, sidewalk and islands in S.W.
Summerfield Drive, shrubbery, trees and all other landscaping ele-
ments including the sprinkling system, if any, within the dedicated
right -of -way of S.W. Summerfield Drive, according to reasonable stan-
dards and requirements of the City of Tigard, beginning from a date
when the above defined obligations of Tualatin - Franklin shall cease
and continue thereafter in perpetuity until such date, if any, re-
leased from said obligations by the City of Tigard.
3. It is agreed between Tualatin - Franklin and the Association
that the 'Purposes of Assessments', as set forth respectively in
Section 6.2 of the Bylaws of Summerfield Civic Association and as
set forth in Section 2.2.2 of the Declaration of Conditions and
Restrictions of Tualatin - Franklin, shall extend to the obligations
hereof assumed by Tualatin - Franklin and by the Association, with
the intent and purpose that assessments shall be collected from
members of the Civic Association and residents of the planned com-
munity development in sum sufficient to provide for and defray the
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costs and expense of care and maintenance of the sidewalk, bicycle
path and landscaping, including shrubs, trees, grass cover, street
islands and sprinkling system of S.W. Summerfield Drive, as well
as the care and maintenance of all other landscaped parkways and
common areas within tle said development and that Tualatin- Franklin
and the Association shall be bound to exercise all needful and
necessary powers and authorities conferred respectively upon
Tualatin - Franklin and the Association by the said declarations and
by the said bylaws to enforce the provisions thereof with respect
to the obligations hereby imposed within S.W. Summerfield Drive to
the same degree and legal force and effect as may be applicable at
any time with respect to other parkways and common areas and common
facilities in the planned community development project.
In the event that the Association or Tualatin - Franklin, in
regard to their respective obligations hereof, shall default in
performance and such default continuing for more than 5 days after
written notice is delivered to the defaulting party, the City may,
at its option, undertake to perform the work or otherwise remedy
the default and in any such event, the City shall be entitled to
immediate reimbursement upon demand in an amount equal to the out -
of- pocket costs to the City in so doing, plus an agreed sum equal
to 25% thereof for administrative costs and supervision, and in the
event that the same be not paid within 10 days after demand, the
City may bring legal proceedings against the defaulting party to
collect the sum. In any such litigation the prevailing party shall
be entitled to, in addition to all other amounts which may be found
due, such sum as the trial court, and in the event of appeal, the
appellate court, shall deem reasonable as attorney's fees in such
proceedings. Failure on the part of the City to proceed with
respect to any default hereunder shall not be deemed a waiver of any
default subsequently occurring.
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The City may, at its option, bring a suit or suits for specific
performance or for other equitable relief hereunder and in the event
of any such proceedings, the prevailing party shall be entitled to,
in addition to all other amounts which may be found due, such sum
as the trial court, and in the event of appeal, the appellate court,
shall deem reasonable as and for attorney's fees in such proceedings.
IN WITNESS WHEREOF, the parties have hereunto affixed their
signatures this 26th day of November , 1973, acting pursuant
to resolutions of their respective governing bodies so authorizing,
as adopted by the governing bodies of each of the respective parties.
SUMMERFIELD CIVIC ASSOCIATION, TUALATIN DEVELOPMENT CO., INC.
an Oregon non - profit corporation, an Oregon corporation,
2
BYE - /%n, ,, �-` . ' , BY: Se-;. D-r �� -� "
President President
By . : ". ..._ _ /- ! B i _- _ -
Secretary Secretary
FRANKLIN SERVICE CORPORATION, CITY OF TIGARD, OREGON, a
an Oregon corporation, municipality of the State of Oregon
i 1
C.r' /
4 'res dent Mayor
// , _ '-
By : (,�/ AP (�r'L2 By : / 7,-14C _l C .-- a7{. e'
Secretary
Re order
STATE OF OREGON ) ss • November 26 , 1973.
Count of Washington )
Personally appeared before me, Ronald B. Sorensen and
George Marshall , who being duly sworn, did say that they are the
President and Secretary respectively of SUMMERFIELD CIVIC ASSOCIATION,
the within named corporation and that the foregoing instrument was
executed in behalf of said Corporation by authority of its Board of
Directors and each of said officers ack owledged said instrument to
be its voluntary act and deed.
i 41._ A. •
1 0 d ry • ub la. c fo 0 egon
•
STATE OF OREGON )
) ss . November 26, , 1973,
County of Washington )
Personally appeared before me, RONALD B. SORENSEN and
GEORGE MARSHALL , who being duly sworn, did say that they
are the President and Secretary respectively of TUALATIN DEVELOPMENT
CO., INC., the within named Corporation, and that the foregoing instru-
ment was executed in behalf of said Corporation by authority of its
Board of Directors; and each of said officers acknowledged said instru-
ment to be its voluntary act and deed.
4 Public or Ore
My Comm. expires: 21$
STATE OF OREGON )
) SS. November 26 , 1973.
County of Multnomah )
Personally appeared before me, Louis Scherzer and
Ken Lien , who being duly sworn, did say that they
are the President and Secretary respectively of FRANKLIN SERVICE •
CORPORATION, the within named Corporation, and that the foregoing
instrument was executed in behalf of said Corporation by authority
of its Board of_Direc.tors; and each of said officers acknowledged
said instrument to be its. voluntary act and deed.
, lo.tary Pu.lic for Ore on
My Comm. expires: / 7
STATE OF OREGON )
) ss. 4/0/1 ;? 1 , 1973.
County of Washington )
Personally appeared before me, FLOYD BERGMAN and
DORIS HARTIG, who being duly sworn, did say that they are the Mayor
and Recorder respectively of the CITY OF TIGARD, OREGON, the within
named municipality of the State of Oregon, and that the foregoing
instrument was executed by. authority of resolution of theCity Council
adopted on the ,2c, day of A/o , 1973, and each of said officers
acknowledged said instrument to be its. voluntary act and deed.
Notary PUttplic for Orego
My Comm. expires: (_\.3.,15
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