HomeMy WebLinkAboutSatisfaction Development Agreement - 94-09547*November 1, 2016
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CENTRAL
POINT
Jackson County Official Records 2016-036147
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I, Christine Walby, County Clerk W .Nceson county, Oregon, certify
that the Instrument identified herein was reeordstl in the Clem
records. Christine Walker -County Clerk
SATISFACTION OF DEVELOPMENT AGREEMENT
For
Tyler Park Subdivision
371W13A1901, Central Point
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. Satisfaction of original
Development Agreement, between the City of Central Point and W.L. Moore Construction Co. entered
into on December 20, 1993.
City of Central Point, November 2016
Property located in the Township 37, Range 1W Section 11A of the Willamette Meridian, Tax Lot 1901
Recording Number: 94-09547
Recording Date: March 14, 1994
Matt Samitore
City of Central Point
STATE OF OREGON )
)ss.
County of Jackson )
Date
On the /-4day of November, 2016, personally appeared before me the above-named, Matt Samitore,
and acknowledged the foregoing instrument to be the voluntary ad and deed of the City of Central
Point.
lit
Notary Public for Oregon
OFFICIAL STAMP My Commission Expires: 0(0/ clip1go
CYNTHIA A WEEKS
NOTARY PUBLIC-OREOON
COMMISSION NO. 960992
W COW96810N M MK6 JWE 08,10}D
94-09547
DEVELOPMENT AGREEMENT
(Tyler Park Subdivision)
(37 1W 11A Tax Lot 1901)
,36-o6
This agreement made this 40 day of[via L,.si
1993, by and between the City of Central Point, Oregon, a
municipal corporation, hereinafter referred to as "City", and
Noel Moore, dba W.L. Moore Construction Co., hereinafter referred
to as "Developer".
Recitals
1. Developer has previously been granted tentative plan
approval by City for a 23 -lot subdivision in an R-1-8 district of
Central Point, Oregon, which approval is subject to certain
conditions.
2. Developer has applied to City for final plat approval of
said subdivision.
3. Before final plat approval can be obtained, 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:
Aareement
I. PROPERTY AFFECTED. This agreement affects Tyler Park
Subdivision 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 has previously constructed all
improvements required by the tentative plan approval,
construction plans and specifications, and City's Public Works
Standards. The only work that remains to be done is the sealing
of all street pavement surfaces within the subdivision. Such
sealing is necessary to adequately compensate for asphalt paving
which fell below minimum standards for compaction when tested.
1 - DEVELOPMENT AGREEMENT (120293)
94-09547
Developer shall seal all streets within the subdivision with a
specified slurry mixture approved by the Public Works Department.
Such sealing shall be done on two occasions: Once as soon after
execution of this agreement as weather permits, and again three
years from the date of the first sealing.
3. SECURITY FOR PERFORMANCE. In connection with this
agreement, Developer shall also submit to City, to assure his or
her full and faithful performance of all obligations hereunder,
one of the forms of security approved under Central Point
Municipal Code Chapter 16.12.090. Developer has chosen the
following:
surety bond
cash deposit
XXX letter of credit
The sum agreed to secure Developer's performance hereunder is
$2,607.42, 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 37 months 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;
2 - DEVELOPMENT AGREEMENT (120293)
94-09547
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;
g. Inspection and testing prior to placing any
concrete;
h. Inspection of other construction within public right
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 Developer's 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
developer 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.
3 - DEVELOPMENT AGREEMENT (120293)
94-09547
f. All costs of application review and processing,
including, but not limited to, administrative and legal staff
time costs, plan checks, 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 of the
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 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 of this
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.
4 - DEVELOPMENT AGREEMENT (120293)
94-09547
b. Developer must submit a plan for the protection of
streets and improvements satisfactory to City, and shall assume
all responsibility for any additional or corrective 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. 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 agree 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.
e. 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.
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.
5 - DEVELOPMENT AGREEMENT (120293)
94-0954'7
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.
Developer:
Y 1 � N"
Noel Moore
STATE OF OREGON )
ss.
County of Jackson )
City of Central Point:
Roc�r Westensee, Mayor
On the aO*" day of LIereVY Se.(L , 1993, personally
appeared before me the above-named Noel Moore, and acknowledged
the signing of the foregoing Development Agreement to be his
voluntary ._act -4.n -d --deed.,__
CHEA. E Notary 1ibliLc)for Oregon
NOTARY REGON
My Commission Expires: lQ-Q3-R3
My Commission Expires_g3
STATE OF OREGON �)
ss.
County of Jackson )
On the ate'l) day of &rje�% , 1993, personally
appeared before me the above-named Roger Westensee, Mayor of the
City of Central Point, and acknowledged the signing of the
foregoing Development Agreement to be the voluntary act and deed
of the City of Central Point.
OFFICIAL SEAL
SANDY J LCr,;MEL
NOTARY PUBLIC — OR,..CON
COMMISSION NO. AOO9Ji5
SMYCOMMISSION EXPIRES NOV S, 1995
6 - DEVELOPMENT AGREEMENT (120293)
Notary ppbliolfor Oregon
My Comm ssio Jackson %.o sty S
Recorded
OffICIAL RECORDS
//;,4 MAR 1 4 1994,.4�'M
KATHLEEN S. BECKETT
CL K PEC ER.
B oar„