Returned at Counter

After Recording Return to: 2026'003144

City Recorder Klamath County, Oregon
500 Klamath Avenue
549682026000314400200
04/10/2026 09:09:06 AM Fee: $92.00

LOCAL IMPROVEMENT CONTRACT
City of Klamath Falls, Oregon

This Agreement is entered into this m day of April 2026, by and between the City of
Klamath Falls (City) and Fellowship Fencing, LLC (Owner).

WHEREAS, Owner is the legal owner of the following described real property (Property)
Map and Tax Lot Number: 3809-029CA-11200 .
Legal: Fairview Subdivision #2 Block 14 Lot 11
Property Address: 1433 Lakeview Avenue

WHEREAS, Owner desires to develop the Property listed above to construct a fourplex residence
which abuts the Lakeview Avenue right-of-way (ROW) that does not meet City frontage
improvement standards;

WHEREAS, development of the Property will contribute to the need for and benefit from the
construction of ROW frontage improvements meeting City standards which may include but not
be limited to curbs, gutters, sidewalks, planter strips, and storm drains;

WHEREAS, a condition of Owner’s land use approval from City for the development of the
Property through issuance of 17-Residential Review-26 (17-RR-26) is Owner’s agreement to
waive the right to remonstrate against the formation of a Local Improvement District (LID) for the
future construction of ROW frontage improvements meeting City standards; and

NOW THEREFORE, in consideration of the foregoing recitals and the conditions and obligations
set forth herein:

THE PARTIES HERETO AGREE AS FOLLOWS:

1. City agrees not to require Owner to improve the Lakeview Avenue ROW abutting the
Property to City standards at this time. In the event and at such time as the City initiates
the formation of a LID, Owner hereby waives any and all right to remonstrate against the
formation of a LID by the City for the purpose of funding and constructing ROW frontage
improvements meeting City standards adjacent to the Property legally described as
Fairview Subdivision #2 Blk-14 Lot-11 and assessing the proportionate cost to the
benefited Property.

The phrase "right to remonstrate against the formation of an LID" refers solely to a property
owner's right under the City Charter Section 38 to be counted as part of an extraordinary
majority of property owners that can, in certain circumstances, suspend proceedings on
formation of an LID for six months. The waiver of this right does not limit or otherwise
restrict the ability of a property owner bound by this covenant to appear at any of the
required public hearings and testify regarding formation of the LID, whether the boundaries

Local Improvement Contract Page 1 of 2

include all benefited property, the equity of the assessment formula, the scope and nature
of the project or of the final assessment, or any other issue regarding the LID.

2. City agrees that a LID assessment levied against Owner’s Property shall not exceed the benefit
conferred upon the Property.

3. In the event that a suit or action is instituted to enforce the terms of this covenant, the prevailing
party shall be entitled to recover reasonable attorney’s fees and all other fees, costs and expenses
incurred in connection with the suit or action, including any appeals, in addition to all other
amounts allowed by law.

4. This Agreement shall run with the property and shall be binding upon and inure to Owner and
Owner’s successors in interest to the Property.

4-9-2lo

Jonathan Teichert, City Manager Date

472
Andrew Schubert Date

Owner, Fellowship Fencing LLC

STATE OF OREGON )
County of Klamath ) ss.

This instrument was acknowledged before NOYARY for the State of Oregon

me this m day of Aprll 2026 and signed

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Commission Expires: Ol /’H } 2030

STATE OF OREGON )
County of Klamath ) ss.

This instrument was acknowledged before NOTARY for the State of Oregon
me this (J9 day of April 2026 and signed
by Andrew Schubert as owner of Fellowship

Fenci I IC ( Prnnertv Owner) —
T Of FICIAL STAMP

JULIANA GIRALDO PULIDO re of Notary

NOTARY PUBLIC — OREGON ! COMMISSION NO. 1065032 Commission Expires: Ol l 11 l2030
MY COMMRSSION EXPIRES JANUARY 18, 2030

Local Improvement Contract Page 2 of 2