June 12, 2009

                                  PROPOSED CONTENTS OF AGREEMENT

The following are Mancini’s edits to Beard and Shasha’s Feb 15 Proposed Contents of Agreement in the format requested in Shasha’s March 31 email. Red strikeouts indicate deletions and blue are additions.

1.  Division of Mancini’s fifteen acres (known as tax lot 102 and 103) shall be consistent with the standards of the Rural Residential, 2.5 acre minimum zoning and shall not be divided to exceed six additional legal lots (home sites).  In the event Oregon passes a referendum measure(s) which would permit creating more lots, [Sorry, but we insist that this be inherited by deed. Six houses already will go a long way to ruining the hill. More is simply intolerable.] Neither Mancini nor his successors in interest  will not cause the above described property to be divided or otherwise reconfigured to accommodate more than the said six additional home sites.  This restriction shall be applied by deed, to the parcels created subject to this agreement, in order to ensure disclosure of the restriction on home site creation to future owners. This restriction shall run with the land, in perpetuity

2.  If additional home site(s) using the existing access road are approved for Mancini’s fifteen acres via partition, series partition or subdivision, the existing road must be improved  substantially reconstructed  All required improvements shall be made at Mancini’s expense, as necessary to meet current county road standards requirements.   The cost of  these road improvements may be shared by development partners or passed on to future land owners.  Such cost sharing is not covered or affected by this agreement.  Regardless of any future cost sharing agreements between the affected parties, no costs for improvements reconstruction of the existing road or maintenance for the first five years unless that maintenance can be demonstrated NOT to have resulted from poor construction shall be borne by Beard or Shasha.

3.  Mancini agrees to meet Hood River County ordinances, submittal requirements and required conditions of approval pertaining to engineered plans to include but not limited to access route, road profiles and cross sections, grading plans, geologic stability, erosion control, and storm water drainage requirements.  Mancini will make final engineered plans available to the parties of this agreement prior to commencing construction. or any ground breaking activities. submittal to the County for approval.  After consultation with his engineer(s) and /or development advisors, Mancini will, in good faith, consider the concerns and recommendations  design changes to engineered plans  made recommended by Beard and others and make revisions accordingly to the extent they are in compliance with other conditions of this agreement and County regulations.      

4.  The reconstructed road shall be as far away from the Beard and Shasha dwellings as is practical. The finished surface shall be a maximum of 22 feet wide unless the County requires more.

5.  Mancini will make preliminary and final engineered plans available to the parties to this agreement.  Neighbor recommendations on preliminary engineering plans are needed in order to have them considered for inclusion on subsequent plans. Plans submitted to the County for formal approval become final plans if and when they are approved by the County.  Provisions necessary to accommodate, slope easements or extended general road easement area shall be resolved prior to beginning construction and shown on final engineered plans.  

6.  Tree removal shall be minimized.  Trees shall only be removed as necessary to accommodate road construction. Grading shall be minimized where limiting cut and/fill slopes can preserve mature trees (>14”dbh).  Trees beyond 15 feet of the road center line may only be removed with the approval of the property owner. Each property owner will be consulted on their tree removal and tree preservation preferences within the road right of way on their individual property.  Road design plans will consider these individual preferences and good faith practical solutions sought with each property owner. The property owner may keep the removed tree(s) or agree to other methods of disposal [Kelly, I defer to you on the tree question]

7.  The county may require review of the access to Baldwin Creek Road based on increased trips generated by further land division.  Mancini will confirm access standards and whether further improvements will be necessary at the intersection with Baldwin Creek Road.  If improvements are required at the intersection, these will be included in the final engineered design and grading plan.  Mancini will make engineered plans available to the parties to this agreement.

8.  The intersection above the Beard dwelling shall be constructed as far north and west as possible practical. Mancini will explore expansion of the current right of way to accommodate improved angle of intersection by moving the location of the intersection further north and west. [Kelly, I defer to you on this one too] The intersection shall not be located any further south and east than the existing right of way.

9.  Subject to approval of Hood River County, Mancini agrees to construct a barrier between the improved road and the Beard dwelling.  The barrier is necessary to screen adverse impacts on the Beard property anticipated to result from construction or road improvements and increased traffic on the road.  Grading plan and cross section(s) of the selected barrier design including typical details showing method of construction at intersections will be included in the final engineered plans.  Design specifications for construction of the barrier between the Beard dwelling and the improved road shall be developed in close consultation with Beard.  A successful design solution will respond to concerns including safety, screening of headlights that would otherwise shine into Beard’s windows, traffic visibility, dust and snow removal.

10.  Subject to approval of Hood River County, the owner of tax lot 100, may install, at their expense, engineered speed bumps along their adjacent portion of the road.  If approved by road user’s,  maintenance of the speed bumps becomes part of the maintenance agreement. 

11.  Quality road construction is essential to ensure safety and longevity of improvements.  Current road users may include detailed provisions in an adopted road maintenance agreement requiring a bond or other surety to cover road repair costs due to failure of any portion of the rebuilt road. within the first five years of completion. Mancini will provide a bond or other surety to cover road repair costs due to failure of any portion of the rebuilt road for the period of time specified within an adopted road maintenance agreement, or if no road maintenance agreement is in effect, for a minimum of one year from the date of completion. Mancini will also provide a bond or other surety for the maintenance of the road for the first five years after construction except for maintenance that can be demonstrated NOT to results from poor construction. Only failures that can be demonstrated to have resulted from some cause other than faulty road construction may be exempted from such coverage.

Dotty/Kelly: where do we get the guarantee that Mancini will not leave road construction garbage all over the place?

12.  Existing (non-developed) easement traversing Beard and Shasha property will be vacated when terms of the proposed road easement alteration are agreed upon provided there are no more contingencies to building the road or obtaining an easement on which the road can be built without approval by neighboring owner(s). 

13.  All legal documents will be reviewed by an attorney of Shasha and Beard’s choosing.  Mancini will pay up to but no more than $1000.00 toward the legal review of documents and Mancini will, in good faith, review the attorney’s recommendations and make revisions accordingly

14.  Mancini agrees not to pursue his 10 lot measure 37 claim approved by Hood River County or his 10 lot measure 49 claim filed with the State of Oregon.

15.  Roger Sylwester and Mancini agree to pay the $2,500 required by Deborah Phillips and the $2,500 required by Gary Rains for vacating the Mancini easement.