Building Development Agreement Sample - DOC

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Building Development Agreement Sample - DOC Powered By Docstoc
					                              SAMPLE – NOT A LEGAL DOCUMENT
BUILDING PERMIT APPLICATION NO.:
___________________________________
AFTER RECORDING, RETURN TO:
___________________________________
___________________________________
___________________________________

                                                                               (Space above reserved for Recorder’s Office)


                        MAINTENANCE AGREEMENT AND EASEMENTS
                                        FOR

                   _____________________________________ROWHOUSES
                                       (name of development)


WITNESSETH:


WHEREAS, _______________________________________________________________________ ,
                                                           (names of owners)


owners of _____________________________________________________________ ROWHOUSES,
                                       (name of development)


desire to own and build attached ______-unit rowhouse structures at
                                 (# of units)


_________________________________________________________________________________
                                                   (street addresses)


_________________________________________________________________________________
                                                (map and tax lot numbers)


WHEREAS, the shared or common use building elements and utilities that cross property lines
(hereafter, “Elements”) as specified herein and on the attached plat will have to be maintained by the

owners of _____________________________________________________________ ROWHOUSES.
                                       (name of development)



Now, therefore, it is agreed, as follows:

    1) The obligations herein created shall attach to and will run with the land and shall be binding on
       each undersigned property owner, and each property owner’s successors, heirs, and assigns. It
       is the intent of the parties hereto, to create a continuing obligation and right on the part of
       themselves and subsequent owners of the subject property. This agreement shall not be
       modified or suspended without the approval of the building official.

    2) Elements as referred to in this agreement include, but are not limited to: fire walls, foundations,
       structural sheathing, connectors, porches and porch coverings, decks, eaves and overhangs,
       roofing, flashing, rain gutters and downspouts, exterior finish materials, water lines, storm
       sewers, sanitary sewers, rain drains, footing drains, electrical lines, television cable and
       telephone lines that are shared or used in common or necessary for lateral stability or that cross
       common property lines.


                                                      Page 1 of 3                                 B.O. initial __________
3) Elements shall be maintained in good condition, repair, and in compliance with the appropriate
   State of Oregon Specialty Code. Elements shall not be altered without building permits, where
   required by the appropriate State of Oregon Specialty Code. Elements identified or necessary
   for lateral stability including, but not limited to structural sheathing and connectors, shall not be
   altered without the analysis and approval of a structural engineer registered in the State of
   Oregon.

4) The cost of reasonable repair and maintenance of Elements shall be shared by the property
   owners who make use of the Element in proportion to such use. If a property owner disturbs any
   of the Elements in any way, such owner shall bear the full cost and responsibility of returning the
   Elements to the condition it was prior to such disturbance.

5) A property owner repairing or reconstructing an Element shall have the right to access over the
   adjacent property owner’s lot to the extent reasonable to effect the repair or construction.

6) If any portion of the shared fire wall or other part of a building or structure now or hereafter
   constructed upon said property encroaches upon any part of the lot or lots used or designated
   for use by another property owner, an easement for the encroachment and for the maintenance
   of same is hereby granted and reserved and shall exist and be binding upon the owner and upon
   all present and future owners of such encroaching building or structure for the purpose of
   occupying and maintaining the same; in the event a unit becomes partially or totally destroyed or
   in need of repair or replacement, mutual and reciprocal easements are granted and reserved in
   and upon each unit and lot to repair.

7) The parties shall hold harmless, defend and indemnify the City of Portland and the city’s officers,
   agents, and employees against all claims, demands, actions and suits, including attorney’s fees
   and costs brought against any of them arising out of the failure to properly design, locate,
   construct, repair or maintain the Element.

8) In exchange for their promises under this agreement, the parties acknowledge that this
   agreement is executed in part to comply with the appropriate State of Oregon Specialty Code.

9) The parties shall notarize their signatures to this agreement and shall immediately record the
   agreement with the Multnomah County Recorder’s Office.

10) Invalidity or partial invalidity of any provision, above, shall not affect any of the remaining
    portions of that provision or any other provision herein.

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                                              Page 2 of 3                               B.O. initial __________
BY OWNER:__________________________________________________ DATE: _______________
                               (signature)


          _________________________________________ OWNER OF LOT _______________
                            (printed name)


ADDRESS: ________________________________________________________________________
                                       (owner’s mailing address)


          ________________________________________________________________________

          ________________________________________________________________________

SUBSCRIBED AND SWORN TO before me this __________ day of ____________, ______________
                                                                        (month)            (year)



                                                             ________________________________
                                                            NOTARY PUBLIC STATE OF OREGON
                                                            MY COMMISSION EXPIRES: _____________




BY OWNER:__________________________________________________ DATE: _______________
                               (signature)


          _________________________________________ OWNER OF LOT _______________
                            (printed name)


ADDRESS: ________________________________________________________________________
                                       (owner’s mailing address)


          ________________________________________________________________________

          ________________________________________________________________________

SUBSCRIBED AND SWORN TO before me this __________ day of ____________, ______________
                                                                        (month)            (year)



                                                             ________________________________
                                                            NOTARY PUBLIC STATE OF OREGON
                                                            MY COMMISSION EXPIRES: _____________




BUILDING OFFICIAL:___________________________________________ DATE: _______________
                                         (signature)


                  ____________________________________________ , __________________
                                      (printed name)                                  (title)

                                             Page 3 of 3                           B.O. initial __________

				
DOCUMENT INFO
Description: Building Development Agreement Sample document sample