HomeMy WebLinkAboutLegal Miscellaneous 1980-2-1
~
.AIo'
.. J' -
'f,'"
~~~@~&@)(ill~
.
CITY OF SPRINGFIELD
February 1, 1980
TO:
Mike Kelly, Director of Public Works
FROM:
Joe Leahy, Office of City Attorney
RE:
Aqreements, Granada First Phase: Granada Second Phase.
Please find enclosed for your information and file original executed
Agreements between the City of Springfield and Charles L. .Ogle re-
lating to the improvement of the common area for Granada First Phase
and the Granada Second Phase. These Agreements should be brought
to the attention of Ron Clark and Lorne Pleger of your staff in or-
der to ensure that any further action taken by Mr. Ogle on the
Granada First Phase or the Granada Second Phase is in conformance
with the terms of the Agreement.
JJL:bkk
enc.
".
.
.
AGREEMENT - GRANADA SECOND PHASE
THIS 'AGREEMENT, made this~/ day of January, 1980, by and
between CHARLES L. OGLE, hereinafter known as Ogle, and the City
of Springfield, hereinafter known as City.
WIT N E SSE T H
WHEREAS, Ogle is in the process of developing the. Granada
Planned Unit Development, located within the City of Sprin9field.
\'mEREAS, a part of that development is known as the SecQnd
Phase of Granada. Said phase includes the development and buil-
ding of appro~imately eight-fou~Plexes.
WHEREAS, the City, acting by and through its Planning Commis-
sion and Common council, have placed certain conditions that must
be met before building permits and occupancy permits may be is-
sued for said eighty-four (84) duplexes.
WHEREAS, Ogle desires to meet and .satisfy those conditions
and obtain building permits and occupancy permits.
NOW THEREFORE; IT IS AGREED AS FOLLOWS:
1. That Ogle has obtained a cost list estimate from a regis-
tered engineer, as to what it will cost to have the common area
of the Second Phase of the Granada Planned Unit Development improved
according to the plans submitted to the City for approval.
2. That Ogle shall submit a bond, satisfactory to the City, to
cover the amount of the estimate which is $20,767.00.
3. That Ogle will impr~ve a minimum of one-third (1/3) of the
common area by the time twenty-~~the duplexes have
iII"'"O;" oompletod in t1llfeoond Pha,e of the Gra"lIr PUD. In the
event that Ogle fails to improve at least one-third (1/3) of the
common area as required herein,.no further building permits will
be issued for the Second Phase of Granada and no occupancy permits
will be issued for buildings that have completed construction in
the Second Phase of Granada.
4. That Ogle will improv~um of two-thirds (2/3) of
the common area by the t. ~f1fty-six ~ of the duplexes have
been completed in the Second Phase of .the Granada PUD. In the
event that Ogle fails to improve at least two-third (2/3) of the
common area as required herein, no further building permits will
be issued for the Second Phase of Granada and no occupancy permits
will be issued for buildings that have completed construction in
the second phase of Granada, except for occupancy permits previously
issued under Paragraph 3 above.
5. That by the time all eighty-four (84) duplexes in the
Second Phase of the Granada PUD are complete, Ogle will complete
all the improvements located in the common area and any other require-
ments the' City has placed on the Planned unit Development. In the
event that Ogle fails to complete all improvements of the common
area as required herein, no occupancy permits will be issued for
buildings that have completed construction in the Second Phase of
Granada, except for occupancy permits previously issued under Para-
graphs 3 and 4 above.
6. In the event that all the improvements to the common area
which are contemplated by this Agreement, are not completed within
sixty (60) days after the eompletion or substantial completion of
of the eighty-four (84) duplexes, then the City may take whatever
'.
-- ~"'7'=-~
~t~p, ore
.
.
necessary to ensure that said improvements are completed
and to bill Ogle for said work.
It is expressly understood that
City will give Ogle seven (7) days written notice before undertaking
to complete the improvements.
7. In the event Ogle does not pay said billings Upon demand,
the City may take whatever actions, including judicial relief, it
deems appropriate against either Ogle or the bonding company to
obtain compliance with this agreement. Such action could include,
but is not limited to, suits for injunctive relief, damages, and
to recover. all expenditures of the City necessary to obtain comple-
tion of the improvements.to the common area.
8. This agreement does not relieve Ogle from any other obli-
gations to the City which may have been imposed by the Planning
Commission or the Common Council.
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year hereinabove written. .
~R6~~
C'FfARLES L. O~. /
k? q;;;;?
~y OF SPRIN~ELD