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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