HomeMy WebLinkAboutSatisfaction Development Agreement 98-07440February 11, 2016
Jackson County official Records 2016-004544
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POINT Walmer, County Clerkson County Oregon tartly
that the Instrument identified herein ..a
rewroad in the Clerk
recoraa Christine Walker -County Clerk
RELEASE OF DEVELOPMENT AGREEMENT
for
Forest Glen Subdivision, Phase X
Be it known by all present that the undersigned does hereby certify and declare that certain
obligations filed against the property listed below and attached to this release and showing the
filing number of said records in the office of the County Clerk of Jackson County, State of
Oregon. Release of original Development Agreement, between the City of Central Point and
James C. Governor entered into on February 26, 1998.
City of Central Point
Property located in the NE 1/4 of Section 11, Township 37S, Range 2W of the Willamette
Meridian.
Recording Number: 98-07440
Recording Date: 03/05/1998
d A_(
Matt Samitor
City of Central Point
STATE OF OREGON)
)ss.
County of Jackson )
2 —/,4— 4�;
Date `
On the � day of February, 2016, personally appeared before me the above-named, Matt
Samitore, and acknowledged the foregoing instrument to be the voluntary act and deed of the
City of Central Point.
KC -,rue x, 4D(tpt—Or
OFFICIAL STAMP Notary Public for Oregon
KAREN ROEBER
NOTARY PUBLIC• OREGON My Commission Expires: \\-1�-1-,�1
COMMISSION NO. 921764
MY COMMISSION EXPIRES NOVEMBER 14, 2917
140 S. 3rd • Central Point, OR 97502 •541.664.3321 • Fax 541.664.6384
98-07440 DEVELOPMENT AGREEMENT
(Forest Glen Subdivision, Phase X)
This agreement made and entered into thisday of_�, 1998, by and
between the City of Central Point, Oregon, an Oregon municipal corporation h reinafter by
to as "City", and James C. Governor, hereafter referred to as "Developer".
Recitals
1. Developer has previously been granted tentative plan approval by City for Forest
Glen Subdivision, Phase X, as set forth in the Planning Commission resolution approving said
project, which approval is subject to certain conditions.
2. Developer has now applied to City for final plat approval for said development.
3. Before final plat approval can be granted, Central Point Municipal Code Chapter
16.36 requires, among other things, that Developer and City execute and file an agreement relating
to certain improvements and repairs required to be made in the development at issue.
Now, therefore, in consideration of the covenants herein exchanged, the parties agree as
follows:
Aereement
1. PROPERTY AFFECTED. This agreement affects Forest Glen Subdivision, Phase
X, in the City of Central Point, Jackson County, Oregon, according to the official plat thereof. This
agreement shall be recorded, and is intended to attach to, and shall run with the land. In addition, all
subsequent purchasers and Developer's heirs, successors and assigns shall be bound by this
agreement.
2. CONSTRUCTION. Developer shall construct or cause to be constructed, at
Developer's own expense, the improvements, described in and in compliance with, the following:
a. The tentative plan previously approved for the project, including all conditions
placed on such tentative plan approval;
b. The Central Point Planning Commission resolution approving the tentative plan,
including all conditions contained in such approval;
C. All construction plans and specifications;
d. Terms and conditions contained in the City's Public Work Standards;
e. Terms and conditions contained in the Construction Permit;
f. Terms and provisions of Bear Creek Valley Sanitary Authority including the
construction of an all weather access via a 15' easement shown on the final plat and
described by separate instrument for construction maintenance of sanitary sewer.
1 - DEVELOPMENT AGREEMENT (022098)
98-0'7440
g. All terms and conditions set forth herein; and
h. Any applicable provisions of the Central Point Municipal Code.
3. SECURITY FOR PERFORMANCE. In connection with this agreement,
Developer shall also submit to City, to assure their full and faithful performance of all obligations
hereunder, one of the forms of security approved under Central Point Municipal Code Chapter
16.12.080. Developer has chosen the following:
surety bond
cash deposit
letter of credit
The sum agreed to secure Developer's performance hereunder is $40,555.00, which sum is hereby
deemed sufficient to cover the cost of the improvements and repairs, including related engineering
and incidental expenses, administrative expenses, inflationary costs, and the cost of city inspections.
4. TIME ALLOWED FOR CONSTRUCTION. Developer shall complete each and
every obligation contained herein within one (1) year from the date of the execution of this
agreement. Said period may, in the sole discretion of City be extended, in writing, for a reasonable
time thereafter. In the event that City extends the time for completion, the City may also, in its
discretion, require an increase in the amount of security for performance of the project, whether it
be by surety bond, cash deposit or letter of credit.
5. REMEDIES UPON BREACH. In the event that Developer shall fail, in any way,
to perform the obligations required herein, City shall have all remedies available under local, state
and federal law, including, but not limited to, completing or causing completion of all obligations
hereunder and proceeding against Developer, his letter of credit, his cash deposit or his bond for
recovery of the costs of said completion. Such costs shall include all costs and expenses described
herein.
6. INSPECTION OF WORK. Developer shall provide access to City to conduct
inspections, including, but not limited to, the following:
a. Inspection and testing of all storm drainage, sanitary sewer pipe, water pipe and
fire hydrants;
b. T.V. inspection of all sanitary sewer and storm drainage pipes;
C. Inspection and testing of trench backfilling for water pipes, storm drains and
sanitary sewers;
d. Inspection and testing of subgrade prior to placing street rock base;
e. Inspection and testing of base rock prior to placing surfacing;
f. Inspection and testing of the placement of the surfacing material;
2 - DEVELOPMENT AGREEMENT (022098)
98--07440 g. Inspection and testing prior to placing any concrete;
h. Inspection of other construction within public rights-of-way or easement
dedicated or to be dedicated.
7. COSTS OF ADMINISTRATION AND INSPECTION. Developer agrees to pay
City for the costs of administration and inspection of the project to the extent that the same are
reasonably related to City's assuring compliance with the plans and specifications, the Central Point
Municipal Code, the within agreement, and all other applicable standards, rules, regulations and
laws, which sums shall be due on a monthly basis and shall be paid within 10 days of billing. Failure
to pay such sums shall be grounds for withholding acceptance of completed work and/or proceeding
against Developers, security for performance. Such administration and inspection costs shall include,
but not be limited to the following:
a. All inspections and testing done pursuant to the previous paragraph, entitled
"Inspection of Work".
b. Meetings with Developer, project engineer or contractor to review project, City
standards, specifications, ordinances and procedures.
C. Providing Developer, Developer's representative or any jurisdictional,
governmental, or utility entity with information on existing conditions,
facilities, and capital improvements required.
d. Reviewing all construction drawings, engineering or specifications for the
construction of, or modification to the construction of, the improvements.
e. Reviewing existing as -built information to assist in determining the location of
existing facilities.
f. All costs of application review and processing, including, but not limited to,
administrative and legal staff time costs, plan checks, staff report preparation
construction inspection and preparation of agreements, to the extent that the
same are in excess of the filing fee.
8. ACCEPTANCE OF COMPLETED WORK. Upon completion ofthe improvements
in full compliance with the tentative plan previously approved for the project, all conditions placed
on tentative plan approval, all construction plans, construction specifications, terms and conditions
contained in the City's Public Works Standards, terms and conditions contained in the construction
permit, together with all terms and conditions set forth herein and any applicable provisions of the
Central Point Municipal Code, the Public Works Director, or his designee, shall perform an
inspection. If all work is found to be satisfactory, and all deficiencies, if any, have been cured by
Developer, the Public Works Director shall issue a written acceptance of completed work. Upon such
acceptance, the City Administrator shall be authorized to release any surety bond, cash deposit or
letter of credit posted by Developer.
9. GUARANTEE OF WORK. Developer guarantees, for a period of two years from
acceptance of completed work, that all improvements hereunder shall be free from defects in
3 - DEVELOPMENT AGREEMENT (022098)
98-0'7440
materials and workmanship. Prior to the expiration of said warranty period, City shall determine if
any materials or workmanship deficiencies exist, and at City's request, Developer shall repair or
cause the repair of all such deficiencies. In the event there are no deficiencies, or upon approval of
any necessary repairs, City shall issue a written document certifying Developer's satisfactory
completion of warranty.
10. BUILDING AND OCCUPANCY PERMITS. Upon execution ofthis agreement and
upon satisfaction of the security for performance requirements of Central Point Municipal Code
16.12.080, City may issue building permits to Developer concurrently with construction work upon
the improvements themselves, under the following terms and conditions:
a. Developer must, prior to commencing construction under any such building permits,
or allowing the commencement of construction thereunder, furnish a survey
performed by a registered professional land surveyor meeting the requirements of
state law, setting out the property corners for the lot for which the building permit or
permits are to be issued, with either iron pins or wood stakes establishing said
corners.
b. Developer must submit a plan for the protection of streets and improvements
satisfactory to City, and shall assume all responsibility for any additional repair, or
replacement work that may be necessary to the improvements, as determined by City
as a result of the construction performed under the building permits authorized.
C. Developer must indemnify and hold the City harmless from any and all liability by
reason of the issuance of any such building permits or any injuries or damages
incurred by any person by reason of construction under the permits or any claims of
any sort arising out of the issuance of the building permit and construction performed
thereunder.
d. No certificate of occupancy will be issued by City until final completion, approval
and acceptance of the improvements by the City, in accordance with the entire
Development Agreement.
e. Developer shall not sell any of said lots or enter into any agreement for the sale of
any such lots, unless he has first furnished to the City written proof of the fact that
he has advised a purchaser or prospective purchaser that no certificate of occupancy
will be issued by City until completion, approval and acceptance of the
improvements by the City, in accordance with the entire Development Agreement,
and agreed to assume full and complete liability and hold City harmless by reason
of the refusal by the City to issue any such certificate of occupancy until the
provisions of the Development Agreement and Central Point Municipal Code
Chapter 16.36 shall have been met.
f Neither Developer, nor any person on his behalf, shall allow another person to
occupy any lot or improvements thereon until City has issued a certificate of
occupancy.
4 - DEVELOPMENT AGREEMENT (022098)
98-0'7440
11. HOLD HARMLESS AND INSURANCE. Developer agrees to hold harmless City
and its duly elected and appointed officials, employees, agents and assigns from any and all liability
or responsibility by reason of any omissions, errors, or deletions on the plans and specifications for
the improvements or the construction thereof, and shall indemnify the same against any such liability
or responsibility. Developer shall obtain and maintain a policy of liability insurance coverage with
policy limits in the sum of not less than one million dollars ($1,000,000.00) combined single limit,
naming City and its duly elected and appointed officials, employees, agents and assigns, as insured
parties therein.
12. MISCELLANEOUS PROVISIONS. This agreement contains the entire agreement
to which it relates and supersedes any prior written or verbal agreements or representations; this
agreement shall be binding upon the parties and their agents, successors and assigns; Developer shall
not assign his rights under the terms of this agreement without the express written approval of City.
In the event either party institutes legal proceedings for the purpose of enforcing the within
agreement or seeking damages for the breach hereof, or to recover the cost of completion of the
improvements described herein, including an action against Developer, his bond, cash deposit or
letter of credit, the prevailing party shall be entitled to recover attorney fees and costs incurred at trial
and on appeal in reasonable sums to be determined by the respective courts.
13. GRANTING FINAL PLAT APPROVAL. It is understood by the parties that upon
execution of this agreement and related documents, City will issue final plat approval.
EXECUTED IN DUPLICATE, each party retaining an original.
Cil,of Central Point, Oregon
By
Mayor Rusty McGrath
5 - DEVELOPMENT AGREEMENT (022098)
Developer
Jam s C.'�@Omem—or
98-07440
QFFICIAL SEAL
STATE OF OREGONDEANNA GREGORY
) NOTARY PURUC•OREGON
)ss. COMMISSION NO. OS�ODt
, MY COMMISSION E%PIRFS MAV 13, 2000
County of Jackson
�L.
On thej_day of Ft 1998, before me personally appeared Rusty McGrath and
James H. Bennett, who, being first dul worn, each for himself and not for the other, did say that
the former is Mayor of the City of Central Point, and the latter is the City Administrator of the City
of Central Point, an Oregon municipal corporation, and that the foregoing instrument was signed on
behalf of said municipal corporation by authority of its City Council, and each of them
acknowledged the foregoing instrument to be his or her voluntary act and deed.
. AL�
Notary Public for Or4on a
My Commission Expires: S -13-OD
DEANNA GREGORY `
STATE OF OREGON ) NOTARY PUBLIC -OREGON ✓1{
)ss. ' MY COMMISSION EXPIRES MAYOu3 2000 /�(,
County of Jackson )
On the 2 day of%g�k 1998, personally appeared before me the above-named James C. Governor,
and acknowledged the foregoing instrument to be his voluntary act and deed.
Notary Public for Oreg
My Commission Expires: ;
6 - DEVELOPMENT AGREEMENT (022098)
98-0'7440
MEMORANDUM OF CONTRACT
Property Affected: Forest Glen Subdivision, Phase X
Date of Contract: f:.,0ovu 2v y ab , vtct 6
Parties to Contract: City of Central Point, Oregon, an Oregon municipal corporation,
and James C. Governor.
Nature of Obligation: This contract is a "Development Agreement" requiring the owners of
the property to make certain street and utility improvements on and near the property affected.
Improvements are required to be made within 180 days from date of agreement. Future owners
bound by contract.
DATED this a day of Vtixun.ew , 1998.
J
City of Central Point, Oregon
By
Mayor Rusty McGrath
•':111 _.:y
J�
ames C. or
t OPFlCIAL SEAL
STATE OF OREGONEAR NA GREGORY
OREGON
ss. 19,
COMMISSION NO, 05/004
County of Jackson MY COMMISSION EXPIRES MAY 13, 2000 (,
On the � day of1998, personally appeared before me the above-named Mayor Rusty
B
McGrath, and James H. ett, who, being first duly sworn, each for himself and not for the other,
did say that the former is Mayor of the City of Central Point and the latter is the City Administrator
of the City of Central Point, an Oregon municipal corporation, and that the foregoing instrument was
signed on behalf of said municipal corporation by authority of its City Council, and each of them
acknowledged the foregoing instrument to be his o_ r her volun act and deed.
Notary Public for Oregon 0
My Commission Expires:
7�
98-0'7440
^OFFICIAL SEAL �^y
DEANNA GREGORY
STATE OF OREGON ) COMMISS ON NO.OSdE aN
' MY COMMISSION EXPIRES MAY 13, 2000
County of Jackson )
On the_&Ny of�� 1998, personally appeared before me the above-named James
C. Governor, and acknowledged the foregoing instrument to be his voluntary act and deed.
j7.n1W_t
otaryN Public for
My Commission Expires: 5-13-00
Jackson County, Oregon
Recorded
OFFICIAL RECORDS
FEB 27 1998
IUC`OUNT'�Y C LERK
2 - MEMORANDUM OF CONTRACT (022098)
February 26, 1998
LETTER OF CREDIT NO. 216
001-16523-90002
To: The City of Central Point,
We hereby open our irrevocable Letter of Credit in your favor for the sum or sums
not exceeding the total amount of $40,555.35.
This Letter of Credit is issued at the request and for the account of our
customer(s), James C Governor.
This Letter of Credit is available to you only upon:
Your sight draft for any sum not exceeding the face amount of this Letter
of Credit.
2. Your statement executed by the city manager or city attorney of the City
of Central Point, Oregon certifying:
The undersigned hereby certifies that James C Governor, defaulted under their
obligation to construct those improvements described in that certain agreement between
James C Governor and the City of Central Point, dated February 26, 1998, which
agreement concerns Forest Glen Subdivision, Phase X.
Each draft must bear on its face the clause, "Drawn under Letter of Credit No.
215 dated February 26, 1998, of Bank of Southern Oregon."
1455 East McAndrews • Medford. Oregon 97504 0 (541) 7767480
Letter of Credit No. 216
February 25, 1998
Page Two
THIS LETTER OF CREDIT EXPIRES AND IS VOID UNLESS DEMAND IS MADE
HEREUNDER ON OR BEFORE FEBRUARY 26, 1999, AT BANK OF SOUTHERN
OREGON, 1455 EAST MCANDREWS ROAD, MEDFORD, OREGON 97504
We hereby agree that any draft (s) drawn under and in compliance with this Letter
of Credit, and before the expiration date of February 26, 1999, will be duly honored so
long as the amount (s) thereof do not exceed the total credit extended.
Very truly yours,
Michael Neyt
President
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