HomeMy WebLinkAbout1981-016 Agreement - Carrithers
AGREEHENT
THIS AGREEMENT, made and entered into this _JL_ day of~~
1981, by and between JAMES P. CARRITHERS and CLARA I. CARRITHERS, hus-
band and wife, and JERRY T. CARRITHERS and SHELBA J. CARRITHERS, husband
and wife, hereinafter ref~rred to as "Developers", and th~ CITY OF
ASHLAND, OREGON, hereinafter referred to as "City";
WIT N E SSE T H
THAT WHEREAS, Developers created a subdivision in the City of
Ashland known as "Sunshine Subdivision" with the approval of City, said
approval having been rendered by th~ Planning Commission of City on
September 14, 1977;
AND WdEREAS, said approval was made subject to certain conditions
to be satisfied by Developers;
AND WHEREAS, one of said conditions provided that an agreement be
drawn requiring Developers to provide for the control of any subsurface
water which might appear in the vicinity of a certain pond situated
in the center of said subdivision;
AND WHEREAS, it is the mutual desire of the parties hereto that
this agreement be considered the agreement referred to in said condi-
tion and that said condition be satisfied with the execution of this
agreement;
NOW THEREFORE, in consideration of the mutual covenants and
agreements contained herein, and the approval of said subdivision by
City, the parties do hereby agree and bind themselves as follows:
Agreemen t
Page -1-
LAW OFFICES OF
DAVIS. AINSWORT\- c'lNNOCK & UAV'~;, p. C.
51E c \_~ MAIN STREE"'T
A- jl-t~ \ )R __GON 975~ "
II
1.
DEVELOPERS' PERFORMANCE: It is understood and agreed that, for
a period of five years from this date, developers shall bear full
responsibility for the control of any subsurface water which might
appear in the vicinity of the pond situated in the center of the Sunshine
Subdivision in Ashland, Oregon. In the event that a draining system is
determined to be necessary for the proper control of such subsurface
water by the authorized representalives of City, said drains shall be
installed at Developers' cost as soon as practicable following Developers'
receipt of notice of the necessity of such drains from City.
II.
ENFORCEMENT: It is understood that this agreement is created for
the primary benefit of the several owners of lots situated within the
Sunshine Subdivision. The parties hereby agree that any person in title
to a lot within the Sunshine Subdivision, or any person purchasing same
by Contract of Sale, shall be entitled to initiate litigation against
Developers for the purpose of enforcing the terms of this agreement;
provided, however, that litigation shall not be initiated by any individual
or City unless it is first established that Developers received written
notice of the necessity for control of subsurface water from City and
that Developers have failed to commence construction of the necessary
drains within 60 days of receipt of such notice. In the event that
said drains cannot be constructed within a reasonable period following
City's notification of Developers due to climatological reasons, City
shall have the authority to extend said 60 day period and such extension
shall be in writing.
Agreement
Page -2-
LAW OFFICES OF
DAVIS. A~NSWORTH. PINNOCK 8< DAVIS. p. C.
~.; 5 EAST MA N .;.~-REET
I\',HLAND. OREGON 97520
,I I
III.
ATTORNEYS' FEES: In the event that suit or action is instituted
respecting any of the terms or provisions of this agreement by either
of the parties hereto or any persons in title to lots within the
Sunshine Subdivision, or purchasing same by Contract of Sale, the
prevailing party shall be entitled to an award of reasonable attorneys'
fees incurred at trial and on appeal.
IN WITNESS WHEREOF, we have hereunto executed this agreement on
the date above mentioned.
City:
By;;L~~
Developers;
~J. e~~
James T. Carrithers
~J~/
Clara I. Carrit ers
~r~
Jerry T. Carrithers
J/!L~.~
~ arrlthers
LAW OF'~ CES OF
Agreemen t
Page -3-
DAVIS. A'''ISWORT~. F"'lNOCK 6< ['.~. "5, P. C.
515 EASt \. /.. N STREE::-
ASHLAND. 0' . ..iON 975.,
I I