HomeMy WebLinkAbout2008-200 Amendment - Brammo Motorsports - Revision
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FIRST AMENDMENT TO
DEVELOPMENT AND SECURITY AGREEMENT
BETWEEN CITY OF ASHLAND, CRAIG BRAMSCHER,
AND BRAMMO, INC.
Whereas, the City of Ashland, approved the above referenced Development
Agreement with supporting documents and said documents were fully executed
by Craig Bramscher and Brammo, Inc, (hereinafter "Developer") and submitted
to the City in February 2007; and
Whereas, the City of Ashland has not executed said Agreement and supporting
documents due to delays in processing the Annexation of the subject property;
and
Whereas, City has now conditionally approved the annexation and the Parties
desire to execute the Agreement and supporting documents together with a First
Amendment to reset and clarify compliance dates and clarify the responsibilities
of the parties, consistent with the original agreement; and
NOW THEREFORE, the Development and Security Agreement is herby
amended as follows:
1. Numbered paragraph 2 b. of the Agreement is amended to read as
follows: .
Developer will:
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b. Subject to final approval of the Development Grant and the
Development Loans and except as may be funded by grants received from
Oregon Economic Development, make all Required Public Improvements
at Developer's sole cost and expense. Developer understands and agrees
that if the cost of the Required Public Improvements exceeds the loan or
grant amounts received, the Developer is solely responsible for the cost
of said improvements in addition to repayment of loans or, in the event
of violation of grant terms, grant funds. This provision does not
prohibit or limits Developer's submittal of revised or additional loan or
grant requests. "Make all Required Public Improvements" in this
First Amendment to Brammo Development and Security Agreement
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paragraph means the Developer pays the full cost of City construction
of the Required Public Improvements in accordance with public
contracting law and in compliance the OECDD grant and loan
conditions. Loan and grant funds shall be applied by the City to the
construction cost without the need to pass thru said costs to the
Developer.
2. The dates for Developer compliance with paragraphs 2.c, 2.d., 2.e, 2.g. and
2.h are modified from January 19, 2007 to February 16, 2007. Updated
documents referenced in paragraphs 2.c, 2.d, 2.e, 2.g and 2.h, including but not
limited to a revised promissory note, trust deed and guarantee, shall be
submitted to the City Finance Director on or before March 4,2008.
3. Numbered paragraph 3. of the Agreement is amended to read as follows:
City will:
a. Process the annexation request.
b. No later than fifteen days following Developer's compliance with
paragraphs c, d, e, g, and h of Section 2 of this Agreement, and the date
for submittal of updated documents as called for in the First
Amendment to this Agreement, execute the necessary documents to
receive the low interest loans and/or grants offered through the Oregon
Economic and Community Development Department.
c. Receive and pass through apply the funds received from the
Oregon Economic and Community Development Department, together
with funds received from the Developer, to the cost of engineering,
permitting and construction of the Required Public Improvements, in
accordance with City code, including public contracting requirements.
4. Section 4. j. Entire Agreement is amended to remove the words "relating
to the reservation of future public roads, rights of way".
5. The Effective Date of this Amendment and the original Agreement shall
be the date on which the last party to execute the Amendment to the Agreement
so executes it and a fully executed copy, or counterpart original of the
Amendment and the original executed Agreement is mailed, first class mail to
the other party.
First Amendment to Brammo Development and Security Agreement
2
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6. Any provision of the Agreement, not specifically amended or modified
herein shall remain in full force and effect.
Dated this -1Thof ~l~Ri' . 2008
Dated this
of
, 2008
BRAMMO, INC
CITY OF ASHLAND
B.
Cral ramscher, individually and
on be; of Brammo Inc.
Date: ' 'r)Vf q I 11)\8
Barbara Christensen, City Recorder
*Due to an error on Grantor's part, these documents are being re-executed and
re-recorded by Grantor and City.
First Amendment to Brammo Development and Security Agreement
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RECORDING COVER SHEET
PER ORS 205.234
Jackson County Official Records 2008-040654
R-AMN .
Cnt=1 Stn=5 SHINGLJS11/07/2008 02:17.31 PM
$20.00 $5.00 $5.00 $11.00 Total:$41.00
11111 I 1111l11ll I I Ill" 111111
01348804200800406540040049
I, Christine Walker, County Clerk for Jackson County, Oregon, certify
that the instrument identified herein was recorded in the Clerk
records.
Christine Walker - County Clerk
THIS COVER SHEET HAS BEEN PREPARED BY THE PERSON
PRESENTING THE ATTACHED INSTRUMENT FOR REeORDING
ANY ERRORS IN THIS COVER SHEET DOES NOT AFFEeT THE
TRANSACTION(S) CONTAINED IN THE INSTRUMENT ITSELF.
AFTER RECORDING RETURN TO:
Name and address of the person authorized to receive the
instrument after recording, as required by ORS 205.180(4) and
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1. NAMES OF THE TRANSACTlON(S), described in the attached instrument and required by ORS 20S.234(A)
NOTE: Transaction as defined by ORS 205.010 "means any action required or permitted by state law or rule
federal law or regulation to be recorded including, but not limited to, any transfer
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2, . Grantor(s) as described in ORS 205.160.
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3. Grantees(s) as described in ORS 205.160.
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4. TRUE AND ACTUAL CONSIDERATION PAID for instruments conveying or contracting to convey fee title to any estate
and all 'moranda of such instruments, reference ORS 93.030.
5. UNTil A CHANGE IS REQUESTED, All TAX STATEMENTS SHAll BE SENT TO THE FOllOWING ADDRESS: for
instruments conveying or contracting to convey fee tide to any real estate reference ORS 93.260.
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